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Home My WebLink AboutJuly 28, 2010 City Council Agenda Back Up CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 28, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: July 14, 2010 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – June 23, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) July 28, 2010 Page 1 Page 1 of 383 Regular City Council Agenda July 28, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Liz Valera, NSP Administrator -Recognition of new homeowners under the Neighborhood Stabilization Program F-2) Liz Valera, NSP Administrator -Neighborhood Stabilization Program quarterly Progress Report F-3) Employee Recognition – 5 Year Pin Presentation, Dr. Danny Crew, City Manager (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; ESTABLISHING GUIDELINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR A DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 Page 2 of 383 Regular City Council Agenda July 28, 2010 Page 3 ENTITLED “SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – July 14, 2010) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE; PROVIDING FOR THE GROUND LEASING OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS, FLORIDA (THE “CITY”) TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE TO BE LOCATED THEREON; 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 – July 14, 2010) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RENEWAL AGREEMENT WITH AVMED HEALTH PLANS FOR MEDICAL INSURANCE IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED EIGHTY FOUR THOUSAND, FIVE HUNDRED SIXTY FIVE DOLLARS ($3,884,565.00), 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-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING POLICIES ATTACHED HERETO AS EXHIBIT A; PROVIDING Page 3 of 383 Regular City Council Agenda July 28, 2010 Page 4 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A SECTION 3 ACTION PLAN, AS OUTLINED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN GRANT AGREEMENT WITH THE CITY OF MIRAMAR THROUGH THE FEDERAL DEPARTMENT OF HOMELAND SECURITY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST AMENDMENT TO THE 2007 MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE ECONOMIC ADVOCACY TRUST TO ESTABLISH THE MIAMI GARDENS/NORTH DADE STIMULUS INITIATIVE, ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 383 Regular City Council Agenda July 28, 2010 Page 5 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH VILA AND SONS, LANDSCAPING CORP., ATTACHED HERETO AS EXHIBIT “A,” FOR LANDSCAPE ARCHITECTURAL SERVICES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND, THIRTY-NINE DOLLARS AND 32/100 CENTS ($383,039.32); 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 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH COMPLETE HEALTH AND FITNESS CONCEPTS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR FITNESS MANAGEMENT SERVICES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY SEVEN THOUSAND, FIVE HUNDRED EIGHTY NINE DOLLARS AND 89/100 CENTS ($147,589.89); AUTHORIZING THE CITY MANAGER TO RENEGOTIATE THE TERMS OF SAID AGREEMENT AND RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL TWO YEAR RENEWAL TERMS; 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, CONFIRMING COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JIMMY RAY BURKE TO THE NUISANCE ABATEMENT BOARD FOR A THREE (3) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) (K) RESOLUTIONS K-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2010-2011 WITH THE ROLLED-BACK RATE; Page 5 of 383 Regular City Council Agenda July 28, 2010 Page 6 SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER IN THE AMOUNT OF THREE MILLION, SEVEN HUNDRED TWELVE THOUSAND, TWENTY-EIGHT DOLLARS ($3,712,028.00) TO URS CORPORATION FOR DESIGN SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF A CITY HALL COMPLEX, IN ACCORDANCE WITH THE AWARD OF A CONTINUING CONTRACT BETWEEN THE PARTIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager’s Monthly Report (N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2750, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2750. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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 Funding Source: Various Dep Granartmen ts ts /Advertising Requirement: (Enter X in box) Yes No 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 Improvements Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; ESTABLISHING GUIDELINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Miami‐Dade County County implemented the Art in Public Places (AIPP) requirement in 1973, which is meant to capture and enhance local artistic culture. In accordance with Section 2‐11.15 (Art in Public Places) of the Miami‐Dade County Code of Ordinances, each municipality within Miami‐Dade County shall provide for the acquisition of works of art equivalent to not less than one and one‐half (1 ½) percent of the construction cost of new public buildings. In addition, the reimbursement of any grant funding provided by Miami‐Dade County is contingent upon meeting the requirements of the aforementioned County ordinance. In order to obtain contracted grant funds, the Art in Public Places requirement must be met at the time of the construction project’s completion. ITEM H-1) ORDINANCE FIRST READING Art in Public Places Page 7 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Implementing its own Art in Public Places (AIPP) program will prevent the City from having to pay fees to Miami Dade Cultural Affairs Department in order to administer the acquisition process, hence deducting from total funds available for the actual artwork. Furthermore, the City will direct guidance of the selection of the art once City staff manages its own Art in Public Places program. The program shall consist of an Art in Public Places Advisory Committee (APPAC), in order to provide professional advice and recommendations for any art that is to be acquired in accordance with the county’s Art in Public Places requirement. The Miami Gardens APPAC shall consist of seven (7) members, comprised of local professionals in the field of art, architecture, interior design, art history, or architectural history. Current Situation The City of Miami Gardens will soon embark on several capital projects for which compliance with the County’s ordinance (Section 2‐11.15) related to Art in Public Places is a requirement. Adoption of a Miami Gardens Art in Public Places Ordinance will allow Council and staff to have full control of the artwork selection process and associated funds. Proposed Action: It is recommended that City Council authorize the City Manager to establish the City of Miami Gardens’ own Art in Public Places (AIPP) program, as outlined in the attached description. Attachment: Attachment A – Miami‐Dade County Ordinance, Section 2‐11.15. Page 8 of 383 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 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; ESTABLISHING GUIDELINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami-Dade County implemented the “Art in Public Places” (“AIPP”) requirements in 1973, to capture and enhance local artistic culture, and WHEREAS, in accordance with Section 2-11.15, Miami-Dade County Code of Ordinances, each municipality within Miami-Dade County is required to provide funds, for the acquisition of works of arts, equivalent to not less than one and onehalf (1 1/2) percent of the construction cost of a new public building, and WHEREAS, the City of of Miami Gardens will soon embark on several capital projects for which compliance with the County’s Art in Public Places Ordinance is a requirement, and WHEREAS, the City desires to implement its own Art in Public Places Program, which will allow Council and City staff to have full control of the allocation of funds and the artwork selection process, 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. 1 Page 9 of 383 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 37 38 39 40 41 42 Section 2. CREATION OF ORDINANCE: The City Council of the City of Miami Gardens hereby establishes an Art In Public Places Ordinance as follows: A. Intent. The purpose of this Ordinance is to enhance the aesthetic environment of the City of Miami Gardens by including works of art on public property within the City on City construction projects. B. Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. City construction project means any construction contract to which the City is a party for the new construction of any City-owned building, facility, or other City-owned property, including but not limited to, parks, pools, recreation trails and golf courses. 2. Construction cost is defined to include architectural and engineering fees, and site work. It does not include land acquisition or subsequent changes to the construction contract. All construction costs shall be calculated as of the date the contract is executed. 3. Works of art is defined as the application of skill and taste to production of tangible objects, according to aesthetic principles, including, but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, basreliefs, tapestries, photographs, lighting designs and drawings. C. Establishment of Art In Public Places Fund. The City’s Art In Public Places Fund shall consist of the following: 1. Monies appropriated to the fund by the City Council in accordance with this Ordinance. 2. Monies donated to the fund by private individuals and organizations. 3. Monies received by the City from award of federal or state grants for the acquisition or maintenance of works of art on public property or at public facilities in the City. 2 Page 10 of 383 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 37 38 39 40 41 42 D. Appropriations By the City to the Fund. 1. All appropriations of City funding for City construction projects shall include an appropriation of funds to the Art In Public Places Fund. The amount appropriated to the Art In Public Places Fund shall not be less than 1 1/2 percent of the construction cost of any City construction project, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. The appropriation to the fund shall be made at the time of the award of the construction contract for said City construction project. 2. For City construction projects that are developed by persons and entities other than the City, but that are developed pursuant to a development agreement entered into with the City, or which involve the participation of the City as a ground lessor, the required appropriation shall be made at the same time as the appropriation of funding for the construction project and be based upon the construction cost, regardless of whether the construction cost is funded by the city or the person or entity other than the City. 3. In considering the required appropriation for a particular City construction project, the City Council may, by resolution: a. Waive the required appropriation, finding such waiver to be in the best interest of the City; b. Reduce the required appropriation amount; or c. Find that the particular City construction project is not an appropriate site for works of art, and place all or a portion of the required appropriation in the Art in Public Places Fund for use at another site. 4. The City Council shall also consider whether the funding source for a particular City construction project is restricted by public bond covenants; federal, state or local laws; and/or legal parameters which would require that the appropriation be utilized on the particular City construction project site. 5. Prior to making a final determination as to the required appropriation for a City construction project, the City Council may consider the recommendation of the Art in Public Places Advisory Committee. 3 Page 11 of 383 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 E. Permitted Uses of Art In Public Places Funds. Monies placed in the art in public places fund shall only be used for the following purposes: 6 1. Acquisition of works of art to be located on City construction projects or on public property in the City or located in public buildings or in public facilities within the City in accordance with this Ordinance. 2. Insurance, maintenance and preservation of works of art acquired by the City pursuant to this Ordinance. 3. Expenses relating to the following: a. Research and evaluation by the City pertaining to proposed works of art, including opinions when necessary from outside experts and/or professional advisory committees; b. Expenses related to art contests sponsored by the City in connection with acquisitions of works of art, including related printing and distribution expenses; c. Administrative expenses relating to the operations of the Art in Public Places Program, including but not limited to supplies and equipment for the keeping of minutes and printing and distribution of board agendas and correspondence; d. Selected artist travel expenses, at the rates used Citywide and approved in advance by the City Manager. F. Exclusions. The provisions of this Ordinance shall not include the following types of City construction projects: 1. Water and sewer related facilities, such as pump stations, water mains, water lines, sewer lines, treatment facilities, etc. 2. Storm drainage infrastructure. 3. Road construction or bridges. 4. Streetscape beautification projects, which include but are not limited to, one or all of the following elements: resurfacing, new curbs, gutters, 4 Page 12 of 383 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 37 38 39 40 41 42 43 44 45 46 pavers, sidewalks, landscaping, lighting, bus shelters, bus benches, street furniture and signage. 5. City construction projects undertaken to reconstruct, or repair an existing public building or facility damaged or destroyed by a sudden unexpected turn of events, such as an act of God, riot, fire, flood, accident, or other urgent circumstance. 6. The construction, remodeling, repair or improvement to a public electric or gas utility system. 7. City construction projects undertaken to remodel, repair, or maintain of an existing public building or facility. G. Program Administration. The Art-in-Public-Places program shall be administered by the City Manager, or his or her designee. 1. The City Manager shall act in the public interest upon all matters relating to the program and shall support the program's goals and objectives. The Department’s responsibilities include the selection, planning, public education and curating of all works of art acquired by the program. 2. The City Manager shall have the following powers and duties: a. To recommend to the City Council whether a particular proposed City construction project is an appropriate site for works of art and whether all or part of the appropriation required by this Ordinance should be utilized at the site, or reduced or waived in its entirety, or placed, whether in its entirety or a portion thereof, in the Art in Public Places fund for other acceptable uses. b. To recommend to the City Council the selection of existing works of art or to determine whether to recommend the selection of new works of art, and screen submissions therefore, for the fulfillment of the requirements of this Ordinance. c. To conduct contests and competitions in order to select works of art to be recommended for a particular site. d. To recommend to the City Council the maintenance and insurance necessary to preserve and protect works of art. 5 Page 13 of 3 831 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 e. To make a recommendation to the City Council regarding proposed projects that include works of art and to participate in the planning of such projects. f. To recommend legislation concerning public works of art in the City. g. To make recommendations to the City Council regarding the placement of proposed donations of works of art for placement on public property in the City. h. To perform all other duties and functions as requested by the City Council. H. Establishment of Art in Public Places Advisory Committee (APPAC). The APPAC shall be composed of seven (7) members appointed by the Mayor and City Council. 1. The Mayor and Council members shall each appoint one (1) member to serve on the APPAC. 2. Each member of the APPAC shall be a professional in the field of art, architecture, art history, or architectural history. 3. Each APPAC member shall serve a two-year term and may be reappointed for a total of two (2) consecutive terms. 4. APPAC will screen submissions and will recommend to the City Council for each acquisition not more than three (3) possible selections, which may be existing works of art or new commissions. 5. For each acquisition, the City Council shall direct the APPAC to act as a committee of the whole in determining selected works of art for recommended acquisition. 38 I. Procedures for the Selection of Art. 1. The City Manager shall extend a formal Call to Artists for each public art project to be implemented in conjunction with an applicable City construction project. The Call to Artist shall invite artists to compete in the form of an open entry or limited entry competition for the award of a public art project. 2. The APPAC shall perform an initial evaluation and a secondary evaluation of artists’ submission in response to a Call to Artists. The 6 Page 14 of 383 1 2 3 4 5 6 7 8 9 10 11 12 initial evaluation shall rank each artist’s submission and result in the APPAC’s recommendations of no less than three artists, who shall each be asked to submit an extended proposal of the work of art to be designed. The secondary evaluation shall rank each of the requested proposals, which were selected as a result of the initial evaluation. The highest ranked submission as a result of the secondary evaluation may be recommended to City Council for award. 3. The evaluations to be conducted by the APPAC in order to rank each Art in Public Places submission shall be performed in conjunction with the following evaluation criteria: EVALUATION CRITERIA POINTS AWARDED Artistic design 0 – 40 Artist’s approach for the goal to be accomplished 0 – 20 Ability of artist to achieve the goal of this project 0 – 20 Experience, qualifications, and references of the artist 0 – 10 City of Miami Gardens Local Preference 0 – 10 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 14 14 J. Guidelines for the Selection of Works of Art. During the selection process, the following principles shall be observed: 1. Works of art shall be located in areas where residents and visitors congregate and shall be highly visible. 2. The inherently intrusive nature of public art on the lives of those frequenting public places should be considered when selecting works of art. Artworks reflecting enduring artistic concepts, not transitory ones, should be sought. 3. Selected works of art must reflect the cultural and ethnic diversity of the City without deviation from a standard of excellence. 4. Final selection shall also take into account appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality of the work, diversity of artwork already acquired by the City, and the likelihood that the artist can successfully complete the work with available funding. 7 Page 15 of 383 1 K. Ownership and Upkeep. 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ownership of all works of art acquired by the City pursuant to this Ordinance is vested in the City of Miami Gardens. The City is charged with the custody, supervision, maintenance and preservation of such works of art. In each instance, the City shall acquire title to each work of art acquired. 8 L. Personnel. The City Manager shall provide adequate and competent clerical and administrative personnel as may be reasonably required for the proper performance of its duties, subject to budget limitations. Section 3. CONFLICT: All ordinances or code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Ordinance” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. 8 Page 16 of 383 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 37 Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF ____________, 2010. PASSED ON SECOND READING ON THE ____ DAY OF ___________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF _________________, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ VOTE: _________ 9 Page 17 of 383 10 1 Mayor Shirley Gibson ____ (Yes) ____(No) 2 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 3 Councilman Melvin L. Bratton ____(Yes) ____(No) 4 Councilman Oliver Gilbert III ____ (Yes) ____(No) 5 Councilman Andre’ Williams ____(Yes) ____(No) 6 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 7 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 18 of 383 Sec. 2-11.15. Works of art in public places. 1. Art-in-public-places program. (a) Appropriation for construction to include amount for works of art. Miami-Dade County and each municipality in Miami-Dade County shall provide for the acquisition of works of art equivalent in value to not less than one and one-half (1 1/2) percent of the construction cost of new governmental buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. To the extent the total appropriation is not used for the acquisition of works of art for said buildings, the remainder may be used for: (1) Program administrative costs, insurance costs or for the repair and maintenance of any works of art acquired under this section; or (2) To supplement other appropriations for the acquisition of works of art under this section or to place works or art in, on, or near government facilities which have already been constructed. (b) Waiver of requirements. The requirements of subsection (a) may be waived by resolution of the Board of County Commissioners of Miami-Dade County when and if it appears to said Board that a construction project covered hereunder is not appropriate for application of the above requirements. (c) Definitions. For the purpose of this section, the following terms are hereby defined: (1) Works of art is defined as the application of skill and taste to production of tangible objects, according to aesthetic principles, including, but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, lighting designs and drawings. (2) Construction cost is defined to include architectural and engineering fees, site work, and contingency allowances. It does not include land acquisition or subsequent changes to the construction contract. All construction costs shall be calculated as of the date the contract is executed. 2. Art-in-Public-Places Trust. There shall be an Art-in-Public-Places Trust to administer the program. (a) Purpose. The Trustees of the Art-in-Public-Places Trust shall act in the public interest upon all matters relating to the program and shall support the program's goals and objectives. The Trustees' responsibilities include the selection, maintenance, planning, public education and curating of all works of art acquired by the program. (1) Membership; qualifications. The Trust shall be composed of fifteen (15) Trustees appointed to staggered terms by the Board of County Commissioners, serving Page 19 of 383 without compensation. Each Board member shall be appointed to a term which shall end concurrently with the last day of the term of the County Commissioner who appointed the Board member, as provided in Section 2-38.2 of this Code. If a vacancy occurs prior to the expiration of the Board member's term, the County Commissioner who appointed that member shall appoint a new member to fill the balance of the term. Additionally, the Mayor shall appoint two (2) members of the Board of County Commissioners to sit as ex officio Trustees. Each Trustee must be knowledgeable in public art, must be a resident of Miami-Dade County and may not operate, own or be employed by any art dealer, art gallery, artists' representative, museum or other entity which derives income from the sale or display of art work. Membership is governed by Sections 2-11.38 and 2-11.39 of the Miami-Dade County Code. (2) Term of office. No trustee shall serve more than eight (8) consecutive years on the Council; provided that this limitation shall shall not be applicable to Trustees with unexpired terms on November 1, 1993 who were reappointed after that date. Nothing shall prohibit any individual from being reappointed to the Trust after a hiatus of two (2) years. (3) Duties. The Trustees shall prepare a master art plan to ensure a coherent acquisition program and implementation guidelines, both of which shall be approved by the Board of County Commissioners. The Trustees shall approve all program acquisitions in accordance with the master art plan and implementation guidelines and shall oversee the public education, and curatorial aspects of the program. The Trustees shall recommend to the County Manager an Executive Director, a budget for staff and other expenditures necessary to operate the program and shall deliver an annual report to the Board of County Commissioners. (b) Professional Advisory Committee. The Professional Advisory Committee shall be composed of eleven (11) members appointed by the Trust, and shall be compensated for professional professional services in accordance with a schedule established by the Trust, although this shall not preclude donation of such services. (1) Membership, qualifications. Each member of the professional advisory committee shall be a professional in the field of art, architecture, art history, or architectural history. Members' reasonable expenses shall be reimbursed at a uniform rate to be established from time to time by the Trust. (2) Term of office. Each Professional Advisory Committee member shall serve a twoyear term and may be reappointed for a total of three (3) consecutive terms. (3) Duties. The Professional Advisory Committee will screen submissions and will recommend to the Trust for each acquisition not more than three (3) possible selections, which may be existing works of art or new commissions. Page 20 of 383 (4) Proceedings. For each acquisition the Trust shall direct the Professional Advisory Committee to act as a committee of the whole or in smaller subcommittees. (c) Selections of works of art. All acquisitions will be in accordance with the master art plan. Trustees shall approve each acquisition from those elections recommended by the Professional Advisory Committee. The County Manager will negotiate and execute appropriate contracts to acquire each approved work of art. Funds may be aggregated to acquire works of art. (1) Selection criteria. In the selection process, the following principles shall be observed: a. Works of art shall be located in areas where residents and visitors live and congregate and shall be highly accessible and visible. b. Areas used by tourists, including the airport, seaport, beaches, parks and thoroughfares, shall each have a separate master plan which shall be incorporated as a portion of the master art plan. c. The Trustees should consider the inherently intrusive nature of public art on the lives of those frequenting public places. Artworks reflecting enduring artistic concepts, not transitory ones, should be sought. d. The Trust's selections must reflect the cultural and ethnic diversity of this County without deviation from a standard of excellence. e. Final selection shall also take into account appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality of the work, likelihood that the artist can successfully complete the work within the available funding, diversity of works already acquired by the Trust, diversity of the artists whose work has been acquired by the Trust. (d) Master art plan and implementation guidelines. The Trustees shall adopt and publish a master art plan and written uniform guidelines to govern the manner and method of the submission of proposed works of art to the Professional Advisory Committee, the process by which the Professional Advisory Committee shall make recommendations recommendations to the Trustees and the process by which the Trustees shall approve acquisition. These shall be approved by the Board of County Commissioners. Purchases and Commissions pursuant to such approved guidelines shall be reflected on the information section of the Commission agenda, but shall not require Commission approval. 3. Ownership and Upkeep. Ownership of all works of art acquired by the County under this section is vested in Miami-Dade County. The Art-in-Public-Places Trust is charged with the custody, supervision, maintenance and preservation of such works of art. In each instance, the County shall acquire title to each work of art acquired. Page 21 of 383 4. Personnel. The County Manager shall provide adequate and competent clerical and administrative personnel as may be reasonably required by the Trust for the proper performance of its duties, subject to budget limitations. (Ord. No. 73-77, §§ 1--4, 9-18-73; Ord. No. 78-75, § 1, 11-7-78; Ord. No. 82-90, § 1, 9-21-82; Ord. No. 82-112, § 1, 12-21-82; Ord. No. 84-14, § 1, 2-7-84; Ord. No. 94-12, § 1, 1-18-94; Ord. No. 98-18, § 1, 2-3-98) Editor's note: Ord. No. 73-77, § 5, provided for inclusion of the ordinance as a part of this Code, but did not specify the manner of inclusion; hence, codification of §§ 1--4 as § 2-11.15 was at the discretion of the editors. Cross references: Center for Fine Arts, § 2-301 et seq. Page 22 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: Development Serv Buil ices Fu ding an ode nd d C 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 Councilwoman Barbara Watson Department: Mayor and Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The purpose of this program will be to compile a list of homes that are vacant and/or abandoned throughout the City of Miami Gardens. The list will be generated as a part of the Code Compliance Division’s abandoned or vacant property enforcement process. This information will be shared with the police department in the event of a call for service or problem that arises at the vacant or abandoned property location. This list will identify what party has care/custody of the property and as a part of the code enforcement process and the property owners will be required to place signage on the home that alerts neighbors on who to call to report suspicious activity. PROPOSED PROCESS: • Property owner contacts the city to register abandoned property, and pays a fee to be established by resolution. • A decal will be provided by the City but placed on the property by the owner. ITEM H-2) ORDINANCE FIRST READING Registration of Abandoned Properties Page 23 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • The cost of the decal will be passed on the owner (Estimated cost $10.00) • Code compliance will compile a list of all of the abandoned properties which will identify which parties live and /own the properties. • If a Code Officer identifies an abandoned property that has not been registered with the City, the officer may enforce this ordinance in accordance with the City’s code enforcement procedures. Administrative Cost Estimate: • Initial Decal Purchase: $ 1,500.00 • Education Campaign: $ 3,500.00 Estimated Cost: $ 5,000.00 Proposed Action: That the City Council adopt the attached resolution creating the vacant/abandoned property watch list program. Attachment: Exhibit A: Proposed Decal Layout Page 24 of 383 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 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the current economic climate and the number of abandoned residential properties within the City, there is an opportunity for squatters to break into these properties and reside there unbeknownst to the owners of these properties, and WHEREAS, this problem is worsening due to the current foreclosure crisis, and WHEREAS, Councilwoman Barbara Watson is proposing that the City Council adopt an ordinance requiring a registration procedure for abandoned residential properties within the City of Miami Gardens, and WHEREAS, in accordance with the proposed Ordinance, the City, through its Code Compliance Division will identify abandoned properties, that have not been registered and write violations for failure to comply, and WHEREAS, violations will be processed through the City’s Code Enforcement and Property Maintenance Ordinance, and WHEREAS, the Code Compliance Division will maintain a list of these properties, which will identify which parties live in and/or own these abandoned properties and the same will be provided to the Police Department in the event of a “call for service,” NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 25 of 383 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. ADOPTION OF ORDINANCE: The City Council of the City of Miami Gardens hereby adopts an Ordinance requiring the registration of abandoned properties as outlined below. Section 3. PURPOSE: The purpose of this Ordinance is to provide a mechanism whereby the City and its residents are made aware of abandoned properties within their respective neighborhoods, so that they can be mindful of and report suspicious behavior that can occur around these properties. Section 4. DEFINITION: As used herein, the following terms shall have the following meanings: a) Abandoned shall mean any condition that on its own, or combined with other conditions, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown or dead vegetation; potential for collapsing, falling or burning; disconnected electricity, water, or other utilities; stagnant swimming pool, or other evidence that the property is vacant. b) Code enforcement officer or inspector means any authorized agent or employee of the city whose duty it is to assure code compliance. c) Mortgagee means the creditor, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this article only, the term mortgagee does not apply to governmental entities. d) Owner means every person, entity, or service company, who alone or severally with others: 2 Page 26 of 383 (1) Has the legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or 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 37 38 39 40 41 (2) Has care, charge, or control of any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including, but not limited to, agent, executor, executrix, administrator, trustee, or guardian of the estate of the holder of legal title; or (3) Is a mortgagee in possession of any such property; or (4) Is an agent, trustee, or other person appointed by the courts and vested with possession or control of any such property; or (5) Is a person who operates a rooming house. e) Property means any real property, or portion thereof, located in the city, including buildings or structures situated on the property. For the purposes purposes of this article only, property does not include commercial property or property owned or subject to the control of the city or any other governmental bodies. Section 5. REQUIREMENTS: All owners of abandoned properties as defined herein, shall be required to register said property with the City. Said registration shall include the following: a) The registration shall state the property address; the owner's name, mailing address, and telephone number; and email address. b) All property registrations are valid for one calendar year, and there shall be no registration fee. c) Once a property is no longer abandoned, the owner must provide proof of sale or written notice and proof of occupancy to the city. d) Owners who have registered a property under this Ordinance must report any change of information contained in the registration within ten (10) days of the change. f) Upon registration, abandonded properties must be posted with a decal to be provided by the City. 42 Section 6. Registration Fee. 3 Page 27 of 383 1 The City Council shall establish the registration fee by separate resolution. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 7. Penalty; Enforcement. This Ordinance shall be enforced in accordance with the City’s Code Enforcement Ordinance No. 2004-11-27, as amended, and Property Maintenance Ordinance 2005-13-51, as amended. Any person found in violation of this Ordinance shall be punished by a fine not to exceed five hundred dollars ($500.00) per violation, or by imprisonment not to exceed sixty (60) days, or both. Section 8. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 9. 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 10. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 11. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE ____ DAY OF _________, 2010. 4 Page 28 of 383 5 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 PASSED ON SECOND READING ON THE ____ DAY OF _______, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ____________, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: Councilwoman Barbara Watson Moved by: __________________ Second by: _________________ VOTE: _________ 31 Mayor Shirley Gibson ____ (Yes) ____(No) 32 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 33 Councilman Melvin L. Bratton ____(Yes) ____(No) 34 Councilman Oliver Gilbert III ____ (Yes) ____(No) 35 Councilman Andre’ Williams ____(Yes) ____(No) 36 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 37 Councilwoman Barbara Watson ____ (Yes) ____(No) 38 39 Page 29 of 383 CITY OF MIAMI GARDENS RESIDENTIAL ZERO TOLERANCE ZONE NO TRESPASSING PERMITTED ON THIS PREMISES CITY OF MIAMI GARDENS POLICE OFFICERS ARE AUTHORIZED TO ARREST ANY PERSONS TRESPASSING UPON THIS PROPERTY TO REPORT AN INCIDENT OR SUSPICIOUS ACTIVITY CONTACT THE MIAMI GARDENS POLICE DEPARTMENT AT 305‐474‐MGPD (6473) Page 30 of 383 CITY OF MIAMI GARDENS RESIDENTIAL ZERO TOLERANCE ZONE NO TRESPASSING PERMITTED ON THIS PREMISES TRESPASSERS WILL BE ARRESTED BY THE MIAMI GARDENS POLICE DEPARTMENT TO REPORT A SUSPECTED TRESPASSER CONTACT THE MIAMI GARDENS POLICE DEPARTMENT AT 305‐474‐MGPD (6473) Page 31 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 ENTITLED “SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On March 24, 2004, the City adopted Ordinance No. 2004-11-27 enacting code enforcement procedures. Despite the adoption of the Ordinance establishing code enforcement procedures, the City continued to rely upon the schedule of civil penalties established by Miami-Dade County. City Staff recommends that the City Council amend the penalty provision to make it consistent with State Statutes. This will allow for a more simplified process. Proposed Action: It is recommended that the City Council approve the attached Ordinance to amend the Code Enforcement Ordinance to repeal the schedule of civil penalties as promulgated by Miami-Dade County. 1 ITME I-1) ORDINANCE SECOND READING/PUBLIC HEARING Code Enforcement Procedures Page 32 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 2 Attachment: 1-Section 162.09, Florida Statutes 2-Section 8CC-10, Miami-Dade County Code of Ordinances Page 33 of 383 __________________ Language deleted is stricken through and language added is underlined 1 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 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 ENTITLED “SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 2004, the City Council of the City of Miami Gardens adopted Ordinance No. 2004-11-27 to enact code enforcement procedures for the City of Miami Gardens, and WHEREAS, the City continued to rely upon the schedule of civil penalties established by Miami-Dade County when it adopted its own ordinance, and WHEREAS, City Staff recommends repealing the current schedule of penalties, and to assess fines in accordance with Section 162.09(2)(a), Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Section 10 of Ordinance No. 2004-11-27 is hereby amended as follows: Page 34 of 383 __________________ Language deleted is stricken through and language added is underlined 2 1 2 Section 10. Civil Penalties and Related Terms Construed. (A) 3 Penalties for violations of the provisions to be enforced through this 4 Ordinance shall be in the amounts prescribed in the schedule of civil penalties 5 contained herein. Provided however, that the maximum allowable civil penalty shall 6 be $500.00 for a single violation. A fine imposed pursuant to this Section shall not 7 exceed Two Hundred Fifty Dollars ($250.00) per day for a first violation and Five 8 Hundred Dollars ($500.00) per day for a repeat violation. tThis part does not limit 9 the authority of a Special Master as prescribed in Section 6 herein. If the violation 10 is continuing or repetitive, a single violation will occur each day beyond the time for 11 correction set forth in the civil violation notice. Failure to pay the imposed fine(s) 12 even after correction of the violation may be considered non-compliance and a 13 continuing violation for the purposes of assessing continuing penalties. 14 15 16 17 18 19 20 21 22 (B) For each day of a Continued Violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. C) Civil penalties assessed as provided herein are due and payable to the City on the last day of the period allowed for the filing of an appeal of the Code Enforcement Officer’s decision, or if proper appeal is made, when the appeal has been finally decided adversely against the named violator. 23 (D) For the first Repeat Violation, the amount of the civil penalty shall not exceed 24 $500.00. 25 (E) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Notice of Violation shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be double the amount due for the first day of the Repeat Violation. 26 27 28 29 30 (F) (E) A Repeat Violation includes a violation committed by an entity that has one or more officers, major shareholders or general partners in common with another entity, which violated the same code provision within five (5) years of the current violation. For purposes of this Section a major shareholder shall be one who owns at least 25% of the shares of that corporation. This paragraph shall apply only where the common officer(s), major shareholder(s), or general partner(s) are or were actively involved in the management of the entity committing the violation at the time when the violation occurred. 31 32 33 34 35 36 37 38 39 (G) (F) Continuing Violation penalties shall accrue from the date of correction given in the Civil Violation Notice until the correction is made, and compliance is obtained or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of 40 41 42 43 44 Page 35 of 383 __________________ Language deleted is stricken through and language added is underlined 3 1 2 3 4 5 6 7 8 9 the violation must be made, based on the considerations set forth herein. If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue after the time allowed for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. (H) (G) Civil penalties assessed pursuant to this Chapter by the Special Master and due and payable to the City at the close of hearing, or, if a proper appeal of the Special Master’s decision is made, when the appeal has been finally decided adversely against the named Violator. 10 11 12 13 14 15 16 Section 3. AMENDMENT: Section 18 of Ordinance No. 2204-11-27 is hereby deleted as follows: 17 (A) The schedule of civil penalties, as may be amended from time to time, shall 18 be the same as set forth in Section 8CC-10 of the Code of Miami-Dade County. 19 20 (B) For violations of any section of this Code for which a specific penalty is not 21 prescribed herein a penalty shall be imposed which shall not be less than $25.00 22 nor more than $500.00 per day for a first violation and shall not be less than $50.00 23 nor more than $750.00 per day for a repeat violation. For the purposes of 24 continuing violations, each day shall constitute a separate violation. 25 26 27 28 29 30 31 32 33 34 Section 4. CONFLICT: Section 8CC-10 of the Miami-Dade County Code of Ordinances is hereby repealed. Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become Page 36 of 383 __________________ Language deleted is stricken through and language added is underlined 4 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 and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Section 7. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF JULY, 2010. PASSED ON SECOND READING ON THE _______ DAY OF _____________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ________ DAY OF _______________, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Page 37 of 383 __________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 9 10 Moved by: __________________ Second by: _________________ VOTE: _________ 11 Mayor Shirley Gibson ____ (Yes) ____(No) 12 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 13 Councilman Melvin L. Bratton ____(Yes) ____(No) 14 Councilman Oliver Gilbert III ____ (Yes) ____(No) 15 Councilman Andre’ Williams ____(Yes) ____(No) 16 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 17 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 38 of 383 Page 39 of 383 Page 40 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28 , 2010 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n/a Sponsor Name Danny Crew, City Manager Department: City Manager’s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS, FLORIDA, TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In order to undertake the City Hall Certificate of Participation (COP) project financing, the first step is the creation of a non-profit leasing corporation. Council did this several months ago. The next step is for the City to lease its Wachovia property to the Miami Gardens Leasing Corporation. This is the corporation made up of City Council members. The lease is for 35 years. After the project is paid for, the land reverts back to City ownership with all improvements (City Hall, Police Station and parking garage). Because this is a Lease Agreement, in accordance with the City’s Charter, and ordinance must be adopted approving the lease of property. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING A Series 2010A Ground Lease Page 41 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action RECOMMENDATION: To approve the Ordinance leasing the land. Attachment: Page 42 of 383 1 ORDINANCE 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE; PROVIDING FOR THE GROUND LEASING OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS, FLORIDA (THE “CITY”) TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens, Florida (the “City”) has determined to finance and refinance certain of its capital needs through lease-purchase agreements, and WHEREAS, the City has the power pursuant to the Charter of the City, the Constitution of the State of Florida, Chapter 166, Florida Statutes, as amended, and other applicable provisions of law (collectively, the “Act”) to receive, purchase, acquire, lease, sell, hold, transmit and convey title to real and personal property for municipal purposes, and to enter into leases or lease purchase agreements for necessary grounds and facilities for municipal purposes, and WHEREAS, the Miami Gardens Leasing Corporation (the “Corporation”), a not-for-profit corporation organized solely to benefit the City pursuant to Chapter 617, Florida Statutes, and a not-for-profit corporation duly organized and existing under the laws of the State of Florida, has been formed to lease purchase certain real property, municipal facilities and equipment to the City, and WHEREAS, the Corporation and the City will provide for the lease purchase financing of certain real property, buildings and improvements, and the equipment, fixtures Page 43 of 383 ORDINANCE NO. 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 and furnishings built or to be built, installed or established therein (the “Facilities”) from time to time by entering into a Master Lease Purchase Agreement, as the same may be supplemented and amended from time to time (the “Master Lease”), and related agreements, and WHEREAS, the Facilities to be leased from time to time are identified on separate Schedules (each a “Schedule”) attached to the Master Lease, and WHEREAS, the City and the Corporation may enter into one or more ground leases from time to time with respect to one or more Facility Sites (individually, a “Ground Lease” and collectively, the “Ground Leases”) pursuant to which the City, as ground lessor, will ground lease certain real property and improvements to the Corporation and the Corporation, as ground lessee, will take and lease certain real property and improvements from the City, and WHEREAS, the City desires to authorize and approve the execution and delivery of a Series 2010A Ground Lease pursuant to which the City, as ground lessor, will ground lease certain real property and improvements constituting the Series 2010A Facility Sites (the “Series 2010A Facility Sites”) to the Corporation and the Corporation, as ground lessee, will take and lease the Series 2010A Facility Sites from the City, and WHEREAS, the City desires to lease-purchase a new town center facility containing a city hall, police station and parking garage to be located on the Series 2010A Facility Sites, and desires to lease-purchase certain other municipal facilities and sites (collectively, the “Series 2010A Facilities”), pursuant to a Schedule 2010A to the Master Lease, as further specified by subsequent resolution of the City Council of the City of Miami Gardens, Florida (the “City Council”) authorizing the financing of certain of its capital needs through a master lease program and approving the forms of and authorizing the execution 2 Page 44 of 383 ORDINANCE NO. 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 and delivery of the Master Lease, Schedule 2010A and certain other documents in connection therewith; and WHEREAS, pursuant to Section 4.3 of the Charter of the City, an ordinance must be enacted in order to convey or lease or authorize by administrative action the conveyance or lease of any lands of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS: The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. APPROVAL AND AUTHORIZATION OF GROUND LEASE: In accordance with the provisions of the Act including, without limitation, Section 4.3 of the Charter of the City, the City Council hereby authorizes the ground leasing of the Series 2010A Facility Sites to the Corporation pursuant to, and approves the execution and delivery of, the Series 2010A Ground Lease between the City and the Corporation. The Series 2010A Ground Lease shall be in substantially the form attached hereto as Exhibit A, with such insertions, modifications and changes as may be approved by the Mayor, and the City Clerk, upon such approval by the Mayor, are hereby authorized and directed to execute the Series 2010A Ground Lease. The execution and delivery of the Series 2010A Ground Lease by the Mayor and the City Clerk shall constitute conclusive evidence of the approval thereof. The City Council also authorizes the execution and delivery of a memorandum of ground lease with respect to the Series 2010A Ground Lease and the recording thereof in the Official Public Records of Miami-Dade County, Florida. 16 17 18 19 20 21 22 23 24 Prior to the execution and delivery of the Series 2010A Ground Lease, the City 3 Page 45 of 383 ORDINANCE NO. 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Council shall adopt a subsequent resolution authorizing the financing of certain of its capital needs including the Series 2010A Facilities through a master lease program and approving the forms of and authorizing the execution and delivery of the Master Lease, Schedule 2010A and certain other documents in connection therewith (the “Subsequent Resolution”). SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to take such actions as may be necessary or desirable, and which are not inconsistent with the terms and provisions of this Ordinance, in connection with the creation of a master lease program to finance certain of the City’s capital needs. The City Attorney and Bond Counsel to the City are hereby authorized to draft and review documents and to do all other things necessary to create a master lease program to finance the City’s capital needs. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF JULY, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. 4 Page 46 of 383 ORDINANCE NO. 2010 5 1 2 3 4 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. 5 6 7 8 9 10 SHIRLEY GIBSON , MAYOR ATTEST: 11 12 13 14 15 16 17 RONETTA TAYLOR, MMC, CITY CLERK Prepared by Greenberg Traurig, P.A., Bond Counsel APPROVED AS TO FORM 18 19 20 21 22 23 24 25 26 27 SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: __________________________________ SECONDED BY: _______________________________ VOTE: Mayor Shirley Gibson ___ (Yes) ___ (No) Vice-Mayor Aaron Campbell, Jr. ___ (Yes) ___ (No) Councilman Melvin L. Bratton ___ (Yes) ___ (No) Councilman Oliver G. Gilbert III ___ (Yes) ___ (No) Councilwoman Sharon Pritchett ___ (Yes) ___ (No) Councilwoman Barbara Watson ___ (Yes) ___ (No) Councilman Andre Williams ___ (Yes) ___ (No) Page 47 of 383 1 2 3 4 EXHIBIT A FORM OF SERIES 2010A GROUND LEASE MIA 181,303,301v2122872.010100 A -1 Page 48 of 383 Series 2010A GROUND LEASE Dated as of [November 1, 2010] between CITY OF MIAMI GARDENS, FLORIDA, as Lessor and MIAMI GARDENS LEASING CORPORATION, as Lessee (Series 2010A Facility Sites) Page 49 of 383 TABLE OF CONTENTS Page Section 1. Lease of Series 2010A Facility Sites......................................................................................... 3 Section 2. Ground Lease Term; Option to Renew ..................................................................................... 5 Section 3. Rent ......................................................................... ................................................................. 5 Section 4. Title to Series 2010A Facility Sites; Possession ....................................................................... 6 Section 5. Use of Series 2010A Facility Sites; Assignments and Subleases.............................................. 7 Section 6. Right of Entry................................................... ........................................................................ 8 Section 7. Default ......................................................................................................... ............................. 8 Section Section 8. Quiet Enjoyment....................................................................................................................... 8 Section 9. Liens ......................................................................................................................................... 8 Section 10. Condemnation ........................................................................................................................... 9 Section 11. Estoppel Certificates........................................ .......................................................................... 9 Section 12. Amendments.................................................................................................... ......................... 9 Section 13. Binding Effect ......................................................................................................................... 10 Section 14. No Merger of Leasehold Estate............................................................................................... 10 Section 15. Notices................................................ .................................................................................... 10 Section 16. Severability....................................................................................... ...................................... 10 Section 17. Applicable Law ....................................................................................................................... 10 Section 18. Execution in Counterparts ....................................................................................................... 10 Section 19. Memorandum of Ground Lease .............................................................................................. 11 Section 20. No Personal Liability.................................................................... ........................................... 11 Section 21. Third Party Beneficiary........................................................................................................... 11 Section 22. Radon ..................................................................................................................................... 11 EXHIBIT A -SERIES 2010A FACILITY SITES (Description of Real Estate and Permitted Encumbrances) Page 50 of 383 1 SERIES 2010A GROUND LEASE (Series 2010A Facility Sites) THIS SERIES 2010A GROUND LEASE, dated as of [November 1, 2010], between the CITY OF MIAMI GARDENS, FLORIDA (the “City”), a municipal corporation of the State of Florida, as Lessor, and MIAMI GARDENS LEASING CORPORATION (the “Corporation”), a not-for-profit corporation duly organized and existing under and pursuant to Chapter 617, Florida Statutes, as amended, as Lessee. Capitalized terms used, but not defined, herein shall have the meanings assigned thereto in the hereinafter described Trust Agreement. W I T N E S S E T H: WHEREAS, the City has the power pursuant to the Charter of the City, the Constitution of the State of Florida, Chapter 166, Florida Statutes, as amended, and other applicable provisions of law (collectively, the “Act”) to receive, purchase, acquire, lease, sell, hold, transmit and convey title to real and personal property for municipal purposes, and to enter into leases or lease purchase agreements for necessary grounds and facilities for municipal purposes; and WHEREAS, the Corporation is a not-for-profit corporation duly organized and existing under the laws of the State of Florida, and is authorized to lease and otherwise dispose of property, and to take such other actions contemplated to be taken by the Corporation under this Series 2010A Ground Lease; and WHEREAS, pursuant to Section 4.3 of the Charter of the City, on [____________], 2010, the City Council of the City of Miami Gardens, Florida enacted Ordinance No. 2010-[__]-[____], at a public meeting duly noticed as required by law, authorizing and approving the execution and delivery of this Series 2010A Ground Lease, a copy of which in substantially final form was made available for inspection and review by the public, and the ground leasing by the City of certain real property and improvements constituting the Series 2010A Facility Sites (as hereinafter defined) to the Corporation; and WHEREAS, in order to facilitate the lease purchasing of certain real property, buildings and improvements, and the equipment, fixtures and furnishings built or to be built, installed or established therein, the City and the Corporation have entered into a Master Lease Purchase Agreement dated as of [November 1, 2010] (as the same may be amended and supplemented from time to time, the “Master Lease”); and WHEREAS, the City owns certain real property located in the City within Miami-Dade County, Florida and described in Exhibit A attached hereto, as the same may be amended from time to time by the addition of parcels of land to be acquired by the City in the future pursuant to one or more supplements thereto (which real property, together with all buildings, structures and improvements now or hereafter erected or situated thereon, any easements or other rights or privileges in adjoining property inuring to the fee simple owner by reason of ownership of such land, and all fixtures, additions, alterations or replacements thereto, now or hereafter located in, on or used in connection with or attached attached or made to such land to the extent title thereto may vest in the City is hereinafter referred to as a “Series 2010A Facility Site” or, in the case of separate parcels, such parcels are herein collectively referred to as the “Series 2010A Facility Sites”); and Page 51 of 383 2 WHEREAS, the City desires to lease-purchase a new town center facility containing a city hall, police station and parking garage to be located on the Series 2010A Facility Sites, and desires to lease-purchase certain other municipal facilities and sites (individually and collectively, the “Series 2010A Facilities”), pursuant to Schedule 2010A to the Master Lease (which schedule, upon being executed and delivered by the City and the Corporation, together with the terms and provisions of the Master Lease, constitutes a separate lease, as the same may be amended or supplemented from time to time, the “Series 2010A Lease”); and WHEREAS, it is possible that a portion of the Series 2010A Facilities may be attached to one or more existing structures of the City adjacent to the Series 2010A Facility Sites; may be dependent upon adjacent property of the City for pedestrian and vehicular ingress, egress and access to and from and between the Series 2010A Facility Sites and the public roads adjoining the adjacent property of the City (“Access”); and may further be dependent upon the City’s adjacent property for utility and other services which would be necessary for the full use and enjoyment of the Series 2010A Facility Sites including, but not limited to, drainage, sewer and water service, electric, telephone and gas service and parking of vehicles (collectively, the “Services”); and WHEREAS, the Corporation desires to acquire from the City, pursuant to this Series 2010A Ground Lease, and the City is willing to grant to the Corporation, the right to utilize the adjacent property of the City to the extent reasonably necessary for Access and for the Services, and the Corporation and the City desire to provide for the structural attachment of certain of the Series 2010A Facilities to the adjacent property of the City; and WHEREAS, provisions for the payment of the cost of acquiring and constructing the Series 2010A Facilities have been made by (a) establishing a trust pursuant to the Master Trust Agreement dated as of [November 1, 2010], as supplemented and amended by a Series 2010A Supplemental Trust Agreement dated as of [November 1, 2010] (as the same may be further supplemented or amended from time to time, the “Trust Agreement”), between the Corporation and Wells Fargo Bank, N.A., as trustee (the “Trustee”), and irrevocably assigning to the Trustee without recourse all of the Corporation’s right, title and interest in and to this Series 2010A Ground Lease, the Series 2010A Lease, except for certain rights to indemnification, to receive notices and to hold title to the Series 2010A Facility Sites, (b) directing the Trustee for such trust to execute and deliver to the public Certificates of Participation, Series 2010A (the “Series 2010A Certificates”) evidencing undivided proportionate interests of the Owners thereof in the right to receive Basic Lease Payments to be made by the City, as lessee, pursuant to the Series 2010A Lease and (c) directing the Trustee to hold the proceeds of sale of the Series 2010A Certificates Certificates in trust subject to application only to pay the costs of acquisition and construction of the Series 2010A Facilities; and WHEREAS, each Series 2010A Certificate and any refunding Certificate that may be issued to refinance all or a portion of the costs of acquisition and construction of the Series 2010A Facilities (the Series 2010A Certificates and any refunding Certificates issued pursuant to the Master Trust Agreement and a Supplemental Trust Agreement which represent an undivided proportionate interest in a portion of the Basic Lease Payments payable under the Series 2010A Lease are referred to herein collectively as the “Certificates”) represents an undivided proportionate interest in the principal portion of the Basic Lease Payments set forth in the Series 2010A Lease due and payable on the maturity date or earlier prepayment date of the Certificates and in the interest portion of the Basic Lease Payments set forth in the Series 2010A Lease due and payable semiannually, to and including such maturity date or earlier prepayment date; and Page 52 of 383 3 WHEREAS, the Corporation will assign to the Trustee all of its right, title and interest in and to this Series 2010A Ground Lease, the Series 2010A Lease, and the Series 2010A Lease Payments (except for certain indemnification rights and the right of the Corporation to hold title to the Series 2010A Facilities and to receive notices), pursuant to the Series 2010A Assignment Agreement dated as of [November 1, 2010] (as the same may be amended from time to time, the “Series 2010A Assignment Agreement”), for the benefit of holders of the Certificates, as their interests may appear; and WHEREAS, the City intends for the Series 2010A Lease to remain in full force and effect until after the last Lease Payment Date for the Series 2010A Facilities and the payment to holders of the Certificates of the last principal and interest portions of Basic Lease Payments due under the Series 2010A Lease and represented by the Certificates, unless sooner terminated in accordance with the terms provided therein; and WHEREAS, the City intends for this Series 2010A Ground Lease to remain in full force and effect until the termination of the Lease Term, as provided below. NOW, THEREFORE, the City and the Corporation accordingly hereby covenant and agree as follows: Section 1. Lease of Series 2010A Facility Sites. Subject to Permitted Encumbrances (as described in Exhibit A attached hereto and made a part hereof), the City hereby demises and leases the Series 2010A Facility Sites, more particularly described in Exhibit A, as the same may be amended from time to time pursuant to one or more supplements thereto, to the Corporation, and the Corporation hereby hires, takes and leases the Series 2010A Facility Sites from the City, for the term, at the rental and on the conditions herein set forth. Such demising and leasing shall include the following rights: (i) The right to utilize the adjacent property of the City for Access and for the Services reasonably necessary to the full use and enjoyment of the Series 2010A Facility Sites; provided that the locations on the adjacent property of the City utilized for such purposes shall be reasonably agreed upon by the Corporation and the City; and provided, further, that the rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the adjacent property of the City (e.g., the rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the adjacent property of the City, together with the right to “tie-in” or “connect” thereto). If the Lease Term of the Series 2010A Lease terminates prior to the termination of the term of this Series 2010A Ground Lease, the City and the Corporation shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Series 2010A Facility Facility Sites. (ii) The adjacent property of the City and the Series 2010A Facility Sites may contain certain elements, features or parts which are structural elements of both the adjacent property of the City and the Series 2010A Facility Sites. Such structural elements include, but are not necessarily limited to, the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Series 2010A Facility Sites or Series 2010A Facilities on the one hand or the adjacent property of the City on the other hand and which, directly or indirectly, in any way, service the other. Page 53 of 383 4 (B) All division walls (hereinafter referred to as “Party Walls”) between the Series 2010A Facility Sites and the adjacent property of the City upon the common line between the Series 2010A Facility Sites and the adjacent property of the City (hereinafter referred to as the “Lot Line”) provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being a Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively referred to as “Roofing”) to the extent interrelated between the Series 2010A Facility Sites and the adjacent property of the City. Should the Roofing of any Series 2010A Facilities extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the adjacent property of the City extend beyond the Lot Line onto the Series 2010A Facility Facility Sites, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2010A Facilities and the adjacent property of the City (collectively referred to as “Flooring”). Should the Flooring of the Series 2010A Facilities extend beyond the Lot Line, the right therefor is hereby granted and should the Flooring of the adjacent property of the City extend beyond the Lot Line onto the Series 2010A Facility Sites, the right therefor is hereby reserved. (iii) The Series 2010A Facility Sites rights further include the right of the Series 2010A Facilities to encroach upon the adjacent property of the City as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2010A Facilities shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the adjacent property of the City on which same exists shall be deemed to be a part of the Series 2010A Facility Sites. In addition, the Series 2010A Facility Sites rights include the right to utilize that portion of the adjacent property of the City as may be reasonably necessary in order to maintain and repair the Series 2010A Facilities. The Series 2010A Facility Sites rights further include cross rights of support and use over, upon, across, under, through and into the common structural elements in favor of the Corporation (and like rights are hereby reserved unto the City) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such common structural elements. The City, at its sole expense, shall bring or cause to be brought to the Series 2010A Facility Sites adequate connections for water, electrical power, telephone, storm sewerage and sewerage, and shall arrange with the appropriate utility companies for furnishing such services and shall provide to the Series 2010A Facility Sites water services and capacity sufficient for the contemplated operation of the Series 2010A Facilities thereon; including, but not limited to, heating, ventilation and air conditioning equipment. Either the City or the Corporation shall have the right, at its own expense, to request and receive telephone and communication services from the utility companies furnishing such services subject to the customary rules and regulations of said utility companies whether the companies deliver such services directly through their own conduits or pipes, or through conduits and pipes owned by the City. The City agrees to grant such utility companies rights of access over, under and across the remaining property of the City adjoining the Series 2010A Facility Sites, if any, as shall be necessary and convenient Page 54 of 383 5 for the efficient operation of the Series 2010A Facilities, and which do not materially impair the present and future uses of such remaining property of the City, if any. Section 2. Ground Lease Term; Option to Renew. The initial Lease Term for the Series 2010A Facility Sites shall commence on the commencement date of the Series 2010A Lease (the “Commencement Date”) and shall end on [November 1, 2044]. If, upon the termination of the Lease Term as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the Corporation or the Trustee as the assignee of the Corporation excludes the City from possession of the Series 2010A Facility Sites and Series 2010A Facilities, the City grants to the Corporation the right and option to renew this Series 2010A Ground Lease for an additional term not to exceed five (5) years, at a fair market rental to be determined, adjusted and paid in the manner set forth in Section 3 of this Series 2010A Ground Lease. Notwithstanding the foregoing, this Series 2010A Ground Lease may be terminated by the City on any date prior to the end of the initial term or any renewal term hereof, which date is at least one (1) day after the date of termination of the Series 2010A Lease, upon not less than ten (10) days prior written notice to the Corporation, (a) upon payment of the Purchase Option Price, pursuant to Section 7.2 of the Master Lease, with respect to the Series 2010A Facilities, and full performance and satisfaction of the City’s obligations under the Series 2010A Lease, or (b) upon the provision for payment of all Lease Payments under the Series 2010A Lease pursuant to Section 7.3 of the Master Lease, together in each case with payment of the sum of $1.00. This Series 2010A Ground Lease may likewise be modified at the request of the City at any time, upon similar notice and modification of the Series 2010A Lease (a) to reflect the substitution of all or a portion of the Series 2010A Facilities and Series 2010A Facility Sites in accordance with Section 6.4 of the Master Lease, or (b) upon payment or provision for payment of the Purchase Option Price of all or a portion of one or more particular Series 2010A Facilities pursuant to Section 7.3 of the Master Lease, to reflect the release of one or more portions of the Series 2010A Facility Sites from this Series 2010A Ground Lease. Section 3. Rent. (a) So long as the Lease Term has not been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the Corporation shall pay to the City as and for rental for the Series 2010A Facility Sites the sum of one dollar ($1.00) per annum, which sum shall be due in advance on the Commencement Date (pro rated) and annually thereafter on the first day of each renewal Lease Term. At the option of the Corporation, the Corporation may prepay all or a portion of the ground rent payable hereunder for the entire initial lease term hereof from the proceeds of sale of the Series 2010A Certificates or otherwise. (b) From and after the date on which the Lease Term shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the Corporation shall pay as and for rental for the Series 2010A Facility Sites an amount determined by an M.A.I. appraisal to be the fair market rental for the Series 2010A Facility Sites (the “Appraisal”), which Appraisal shall be prepared by an appraiser selected by the Trustee as assignee of the Corporation (the cost of such Appraisal to be paid by the Trustee and reimbursed as provided in Article VI of the Trust Agreement); provided, however, that such fair market rental and the payment thereof shall be subject to the following adjustments and conditions: Page 55 of 383 6 (i) if the Lease Term shall have been terminated on a date other than September 30 of any year, the fair market rental determined pursuant to the Appraisal shall be pro rated for the number of days between the date of termination and the next succeeding September 30; (ii) for each twelve month period beginning on the October 1 next succeeding the date on which such termination occurs and beginning on each succeeding October 1, the amount of the fair market rental determined by the Appraisal shall be adjusted by the percentage (positive or negative) which is equal to the Implicit Price Deflator of the Consumer Price Index published by the United States Department of Commerce for the region of the United States where Florida is located or for the United States as a whole if not so published for such region; (iii) the fair market rental due in any year shall be paid in the current year only to the extent that the moneys received by the Trustee as assignee of the Corporation from the exercise of the remedies permitted under the Series 2010A Lease during the preceding twelve months prior to such October 1 exceeded the principal and interest portion of Basic Lease Payments under the Series 2010A Lease payable for such preceding twelve months and other amounts described in Section 504 of the Trust Agreement; provided, however, that any portion of such fair market rental not paid in any year due to the provisions of this clause (iii) shall remain due and payable and shall accumulate from year to year and shall be paid in any future year to the extent that moneys received in such year from the exercise of the remedies permitted by the Series 2010A Lease exceed the principal and interest portion of Basic Lease Payments under the Series 2010A Lease and other amounts described in Section 504 of the Trust Agreement and the fair market rental due in such years; and (iv) the failure to pay any portion of the fair market rental in any year due to insufficiencies of moneys realized from the exercise of the remedies permitted permitted under the Series 2010A Lease (1) shall not give rise to any obligation to pay interest on such unpaid fair market rental and (2) shall not constitute a default under this Series 2010A Ground Lease by the Corporation or the Trustee as the assignee of the Corporation. Section 4. Title to Series 2010A Facility Sites; Possession. (a) Upon the Commencement Date and throughout the term of this Series 2010A Ground Lease, fee title to the Series 2010A Facility Sites shall be in the name of the City, subject to Permitted Encumbrances; title to the Series 2010A Facilities constructed on the Series 2010A Facility Sites shall be in the name of the Corporation and shall remain severed from title to the Series 2010A Facility Sites until the earlier of (i) payment in full, or provision for payment, of all Lease Payments under the Series 2010A Lease or payment of the then applicable Purchase Option Price of the Series 2010A Facilities, in accordance with Sections 7.2 or 7.3 of the Master Lease and Section 2 hereof, or (ii) the end of the term of this Series 2010A Ground Lease. (b) The Corporation shall at all times during the term of this Series 2010A Ground Lease have a leasehold estate in the Series 2010A Facility Sites with full right to vest the use, enjoyment and possession of such leasehold estate therein in a Permitted Transferee (as defined herein). (c) Possession and use of the Series 2010A Facility Sites, together with all improvements thereon, shall, upon the last day of the term of this Series 2010A Ground Lease or earlier termination of this Series 2010A Ground Lease pursuant to Section 2 hereof, automatically revert to the City free and clear of liens and encumbrances other than Permitted Encumbrances without necessity of Page 56 of 383 7 any act by the Corporation or any Permitted Transferee. Upon such termination of this Series 2010A Ground Lease, the Corporation shall peaceably and quietly surrender to the City the Series 2010A Facility Sites together with any improvements located in or upon the Series 2010A Facility Sites. Upon such surrender of the Series 2010A Facility Sites, the Corporation or any Permitted Transferee, at the reasonable request of the City, shall execute an instrument in recordable form evidencing such surrender and shall deliver to the City all books, records, construction plans, surveys, permits and other documents relating to, and necessary or convenient for, the operation of the Series 2010A Facility Sites in the possession of the Corporation or any Permitted Transferee. (d) Any personal property of the Corporation, any Permitted Transferee or any Person which shall remain on the Series 2010A Facility Sites after expiration or earlier termination of the term of this Series 2010A Ground Lease and for thirty (30) days after request by the City for removal, shall, at the option of the City, be deemed to have been abandoned and may be retained by the City and the same may be disposed of, without accountability, in such manner as the City may see fit. (e) If the Corporation or any Permitted Transferee holds over or refuses to surrender possession of the Series 2010A Facility Sites after expiration or earlier termination of this Series 2010A Ground Lease, the Corporation or any Permitted Transferee shall be a tenant at sufferance and shall pay rent equal to the fair market rental of the Series 2010A Facility Sites determined in the manner provided in Section 3(b) hereof. Section 5. Use of Series 2010A Facility Sites; Assignments and Subleases. The Corporation may use the Series 2010A Facility Sites for any lawful purpose; however, the parties agree that unless the Series 2010A Lease shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the Series 2010A Facility Sites shall be used solely for municipal purposes. Unless the Series 2010A Lease shall have been so terminated, no assignment of this Series 2010A Ground Lease or subletting of the Series 2010A Facility Sites may be made except as provided in the Series 2010A Assignment Agreement, the Series 2010A Lease, the Trust Agreement and in any agreement with a Credit Facility Issuer, if any, without the prior written consent of the City. In the event that the Series 2010A Lease shall be terminated pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, then the Corporation’s interest in this Series 2010A Ground Lease may be assigned by the Trustee to any third party, including a Credit Facility Issuer (a “Permitted Transferee”), who may alter, modify, add to or delete from the Series 2010A Facilities existing from time to time on the Series 2010A Facility Sites. The City represents and covenants that the Series 2010A Facility Sites are presently zoned to allow government use, and that the City shall take no action with respect to zoning or other land use regulation applicable to the Series 2010A Facility Sites except as directed by the Corporation. The City shall do everything in its power to assist the Corporation in obtaining such building permits, subdivision approvals, or zoning changes or variances as the Corporation may deem necessary or desirable or such other permits, licenses, approvals or other actions which the Corporation deems necessary or desirable in order to enable the Corporation to use the Series 2010A Facility Sites for such purposes as the Corporation shall determine, provided, however, that neither the Corporation nor any Permitted Transferee shall use or permit the Series 2010A Facility Sites to be used in violation of any valid present or future laws, ordinances, rules or regulations of any public or governmental authority at any time applicable thereto. It is understood that all right, title and interest of the Corporation in and to this Series 2010A Ground Lease is to be irrevocably assigned by the Corporation to the Trustee pursuant to the Series Page 57 of 383 8 2010A Assignment Agreement, except that the Corporation shall continue to hold title to the Series 2010A Facilities as described in Section 4 hereof and in the Series 2010A Lease. The City agrees that upon such assignment the Trustee shall have all of the rights of the Corporation hereunder assigned to the Trustee, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Series 2010A Ground Lease or otherwise) that the City may from time to time have against the Corporation or any person or entity associated or affiliated therewith. The City acknowledges that the Trustee is acting on behalf of the holders of the Certificates, as their interest may appear, and may, under certain circumstances assign this Series 2010A Ground Lease to a Permitted Transferee. Notwithstanding anything to the contrary herein or in any exhibit, instrument, document or paper relating to this Series 2010A Ground Lease or any of the transactions contemplated hereby, the parties hereto acknowledge and agree that upon the assignment by the Corporation of its rights hereunder to the Trustee pursuant to the Series 2010A Assignment Agreement, the Corporation shall have no further obligation, liability or responsibility hereunder and no party hereto nor its successors or assigns shall look to the Corporation for any damages, expenses, fees, charges or claims with respect to the failure of any obligations hereunder to be performed. Section 6. Right of Entry. Unless the Series 2010A Lease shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the City shall have the right for any of its duly authorized representatives to enter upon the Series 2010A Facility Sites at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. Section 7. Default. In the event the Corporation shall be in default in the performance of any obligation on its part to be performed under the terms of this Series 2010A Ground Lease, which default continues for sixty (60) days following notice and demand for correction thereof to the Corporation, the City may exercise any and all remedies granted by law; provided, however, that so long as any Certificates representing an undivided proportionate interest in a portion of the Basic Lease Payments payable under the Series 2010A Lease are outstanding and except as provided in Section 2 herein, this Series 2010A Ground Lease shall not be terminated. The City shall have recourse solely against the leasehold estate of the Corporation in the Series 2010A Facility Sites, and any proceeds thereof, for the payment of any liabilities of the Corporation hereunder. The rights of the City under this Section 7 shall be subordinate in all respects to the rights of the holders of the Certificates. Section 8. Quiet Enjoyment. The Corporation at all times during the term of this Series 2010A Ground Lease shall peacefully and quietly have, hold and enjoy enjoy the Series 2010A Facility Sites, without hindrance or molestation subject to the provisions hereof and of the Series 2010A Lease, the Series 2010A Assignment Agreement and the Trust Agreement. Section 9. Liens. Unless the Series 2010A Lease shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, neither the City nor the Corporation shall, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to such Series 2010A Facility Sites, other than Permitted Encumbrances. The City shall reimburse the Trustee for any expense incurred by the Trustee in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. Upon termination of the Series 2010A Lease as provided above, the Corporation, the Trustee and any Permitted Transferee may enter into a mortgage or other encumbrance of its leasehold estate in the Series 2010A Facility Sites, provided, however, that the City’s title to the Series 2010A Facility Sites shall not be Page 58 of 383 9 subject to or encumbered by any such mortgage or other encumbrance, including without limitation any mechanic’s or materialman’s liens. Section 10. Condemnation. In the event that any person, public or private, shall by virtue of eminent domain or condemnation proceedings, or by purchase in lieu thereof, at any time during the Ground Lease Term acquire title to the Series 2010A Facility Sites: (a) So long as the Series 2010A Lease is in effect, the Net Proceeds resulting therefrom shall be applied pursuant to the Master Lease. (b) After the end of the Lease Term of the Series 2010A Lease, (i) if such person acquires title to such a substantial portion of the Series 2010A Facility Sites that the Corporation determines that it cannot economically make use of the residue thereof for the lawful purposes intended or permitted by this Series 2010A Ground Lease, such acquisition of title or payment of such claim shall terminate the Ground Lease Term, effective as of the date on which the condemning party takes possession thereof or on the date of payment of such claim, as applicable, and the Net Proceeds resulting therefrom shall be paid to the City and the Corporation, as their respective interests may appear; and (ii) if such person acquires title to a portion of the Series 2010A Facility Sites such that the Corporation determines that it can economically make beneficial use of the residue thereof for the purposes intended by this Series 2010A Ground Lease, then this Series 2010A Ground Lease shall continue in full force and effect and the Net Proceeds resulting therefrom shall be paid to the City and the Corporation, as their respective interests appear. (c) Any taking of any portion of the Series 2010A Facility Sites shall be deemed substantial hereunder. (d) It is understood that the foregoing provisions of this Section 10 shall not in any way restrict the right of the City or the Corporation to appeal the award made by any court or other public agency in any condemnation proceeding. Section 11. Estoppel Certificates. The City, at any time and from time to time, upon not less than thirty (30) days prior written notice from the Corporation, will execute, acknowledge and deliver to the Corporation, or to whomsoever it may direct, a certificate of the City certifying that this Series 2010A Ground Lease is unmodified (or, if there have been any modifications, identifying the same), that this Series 2010A Ground Lease is in full force and effect and that there is no default hereunder (or, if so, specifying the default). It is intended that any such certificate may be relied upon by any Person. Section 12. Amendments. Other than amendments in connection with the acquisition of the Series 2010A Facility Sites, no amendment may be made to this Series 2010A Ground Lease without the prior written consent of the Trustee and each Credit Facility Issuer securing a Series of Certificates representing an undivided proportionate interest in a portion of the Basic Lease Payments payable under the Series 2010A Lease. In the event that there is no Credit Facility Issuer, except as otherwise provided herein, the consent of the Holders of at least a majority in principal amount of the Certificates Outstanding who are affected by such amendment shall be required. Notwithstanding the foregoing, this Series 2010A Ground Lease may be amended without the prior written consent of the Trustee and the Credit Facility Issuer, if any, or the consent of the Holders of Certificates if the purpose for such amendment does not require consent pursuant to Section 9.4 of the Series 2010A Lease. Copies of all amendments hereto shall be provided to each Rating Agency, whether effected pursuant to Section 702 or Section 703 of the Trust Agreement. Page 59 of 383 10 Section 13. Binding Effect. This Series 2010A Ground Lease shall inure to the benefit of and shall be binding upon the Corporation and the City and their respective successors and assigns, provided, however, that the Trustee is entitled to the benefits of the provisions hereof. Section 14. No Merger of Leasehold Estate. There shall be no merger of this Series 2010A Ground Lease or of the leasehold estate hereby created with the fee estate in the Series 2010A Facility Sites by reason of the fact that, through the exercise of remedies hereunder or otherwise, the same person may acquire or hold, directly or indirectly, this Series 2010A Ground Lease or leasehold estate hereby created or any interest herein or therein, and the fee estate in the Series 2010A Facility Sites or any interest in such fee estate. There shall be no merger of this Series 2010A Ground Lease with the Series 2010A Lease by reason of the fact that the City is the owner of the fee title to the Series 2010A Facility Sites and the leasehold estate in the Series 2010A Facilities created under the Series 2010A Lease or by reason of the fact that the Corporation is the owner of the leasehold estate in the Series 2010A Facility Sites created hereby and is the owner of the fee title in the Series 2010A Facilities as provided in the Series 2010A Lease. Section 15. Notices. All notices, certificates, requests or other communications hereunder shall be in writing and shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid to the following addresses, or to such other address or addresses as shall be designated by the parties in writing: Corporation: Miami Gardens Leasing Corporation c/o City of Miami Gardens, Florida 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 Attention: President City: City of Miami Gardens, Florida 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 Attention: City Manager Trustee: Wells Fargo Bank, N.A. 301 East Pine Street, Suite 1150 Orlando, Florida 32801 Attention: Corporate Trust Department Section 16. Severability. In the event any provision of this Series 2010A Ground Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 17. Applicable Law. This Series 2010A Ground Lease shall be governed by and construed in accordance with the laws of the State of Florida. Section 18. Execution in Counterparts. This Series 2010A Ground Lease may be executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. Page 60 of 383 11 Section 19. Memorandum of Ground Lease. Simultaneously with the execution of this Series 2010A Ground Lease, the City and the Corporation shall each execute, acknowledge and deliver a Memorandum of Ground Lease with respect to this Series 2010A Ground Lease. Said Memorandum of Ground Lease shall not in any circumstances be deemed to change or otherwise to affect any of the obligations or provisions of this Series 2010A Ground Lease. Upon the modification of this Series 2010A Ground Lease as provided in Section 2 hereof, the Memorandum of Ground Lease shall be appropriately amended. Section 20. No Personal Liability. No covenant or agreement contained in this Series 2010A Ground Lease shall be deemed to be the covenant or agreement of any official of the City or the Corporation or any officer, employee or agent of the City or the Corporation, or of any successor thereto, in an individual capacity, and neither the members of the City or the Corporation executing this Series 2010A Ground Lease nor any officer, employee, agent of the City or the Corporation shall be personally liable or accountable by reason of the execution or delivery hereof. Section 21. Third Party Beneficiary. Each Credit Facility Issuer securing the Certificates shall be deemed to be a third party beneficiary of this Series 2010A Ground Lease. Section 22. Radon Gas. Pursuant to Section 404.056, Florida Statutes, the following notification is hereby given: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” [Remainder of Page Intentionally Left Blank] Page 61 of 383 12 IN WITNESS WHEREOF, the Corporation has caused this Series 2010A Ground Lease to be executed in its corporate name and its corporate seal to be hereunto affixed and attested by its duly authorized officers and the City has caused this Series 2010A Ground Lease to be executed in its name and its seal to be hereunto affixed by its duly authorized officials, all as of the date first above written. [SEAL] Attest: By: Ronetta Taylor, MMC City Clerk CITY OF MIAMI GARDENS, FLORIDA By: [_____________] Mayor [SEAL] Attest: By: Ronetta Taylor, MMC Secretary MIAMI GARDENS LEASING CORPORATION By: [_____________] President Page 62 of 383 13 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The undersigned, a Notary Public in and for the said County in the State aforesaid, do hereby certify that [______________] and Ronetta Taylor, MMC, personally known to me to be the same persons whose names are, respectively, as Mayor and City Clerk, respectively, of the CITY OF MIAMI GARDENS, FLORIDA, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they, being thereunto duly authorized, signed, sealed with the seal of said City, and delivered the said instrument as the free and voluntary act of said City and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this ____ day of November, 2010. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public, Print, Stamp or Type as Commissioned.) Personally known to me, or Produced identification ______________________________ (Type of Identification Produced) Page 63 of 383 14 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The undersigned, a Notary Public in and for the said County in the State aforesaid, do hereby certify that [______________] and Ronetta Taylor, MMC, personally known to me to be the same persons whose names are, respectively, as President and Secretary of MIAMI GARDENS LEASING CORPORATION, a Florida not-for-profit corporation, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they, being thereunto duly authorized, signed, sealed with the seal of said corporation, and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this ____ day of November, 2010. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public, Print, Stamp or Type as Commissioned.) Personally known to me, or Produced identification ______________________________ (Type of Identification Produced) Page 64 of 383 A-1 EXHIBIT A SERIES 2010A FACILITY SITES A. Description of Real Estate Tract "A", of CITIZENS NATIONAL TRACT, according to the Plat thereof, as recorded in Plat Book 84, at Page(s) 8, of the Public Records of Miami-Dade County, Florida. B. Permitted Encumbrances 1. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 2, Page(s) 96, of the Public Records of Miami-Dade County, Florida. 2. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 66, Page(s) 110, of the Public Records of Miami-Dade County, Florida. 3. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 84, Page(s) 8, of the Public Records of Miami-Dade County, Florida. 4. Covenants, conditions and restrictions (but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income , as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) as set forth in the document recorded on June 16, 1958, in 58R-92738, of the Public Records of Miami-Dade County, Florida. 5. Easement(s) for the purpose(s) as may be shown below and rights incidental thereto as set forth in a document for the purpose of water and sewer service, recorded on April 18, 1978, in O.R. Book 10007, Page 1809, of the Public Records of Miami-Dade County, Florida. 6. Any rights or interests as indicated by that certain instrument Unity of Title, recorded on February 20, 1963, in Clerk's File No. 63R-29933, of the Public Records of Miami-Dade County, Florida. 7. Any rights or interests as indicated by that certain instrument Agreement, recorded on January 16, 1964 recorded Clerk's File No. 64R-9544, of the Public Records of Miami-Dade County, Florida. 8. Notice of Violations recorded August 18, 2003 in Official Records Book 21546, Page 2173, of the Public Records of Miami-Dade County, Florida. 9. [Matters shown by that certain survey prepared by Caulfield & Wheeler, Inc. Survey No. 2822-1, revised January 8, 2008.] MIA 181,270,466v2122872.010100 Page 65 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: Various Departments N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP #0506015 Renewal Medical InsuranceAvMed Health Plans X Sponsor Name Dr. Danny Crew, City Manager Department: Human Resources Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RENEWAL AGREEMENT WITH AVMED HEALTH PLANS FOR MEDICAL INSURANCE IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED EIGHTY FOUR THOUSAND, FIVE HUNDRED SIXTY FIVE DOLLARS ($3,884,565.00), ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On October 11, 2006, the City Council authorized the City Manager to negotiate and execute agreements with annual renewal options for medical, dental, vision, flexible spending, and life coverage for employees and council members. At that time, medical insurance was awarded to AvMed Health Plans. Currently, AvMed contracts with the City for medical insurance in the amount of $3,698,335. ITEM J-1) CONSENT AGENDA RESOLUTION Agreement with AvMed Page 66 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In preparation for next year’s benefits selection, the City’s agent of record, McKinley Financial Services, Inc. and staff reviewed a proposed 11.1% renewal rate increase initially offered by AvMed. Through several discussions, the Human Resources Department was able to negotiate a reduced rate increase of 5.04%, making the total cost of health insurance $3,884,565 in FY 11. This represents an increase of $186,230 in the upcoming fiscal year. The City’s health plans will be modified to increase emergency room co‐pay cost from $75 to $150 and Primary Care Physician (PCP) and Specialist co‐pays from $10 to $15 per visit. The nation’s health care cost is projected to increase by 11.1%. The Renewal notice attached as Exhibit A. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager and the City Attorney to negotiate and execute a contract renewal with AvMed Health Plans in the amount of $3,884,565. 3,884,565. Attachment: Exhibit A: AvMed Medical Financial Analysis Exhibit B: AvMed Contract Page 67 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RENEWAL AGREEMENT WITH AVMED HEALTH PLANS FOR MEDICAL INSURANCE IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED EIGHTY FOUR THOUSAND, FIVE HUNDRED SIXTY FIVE DOLLARS ($3,884,565.00), ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 11, 2006, the City Council authorized the City Manager to negotiate and execute agreements with annual renewal options for medical, dental, vision, flexible spending, and life coverage for employees and council members, and WHEREAS, at that time, medical insurance was awarded to AvMed Health Plans, and WHEREAS, in preparation for next year’s benefits selection, the City’s agent of record, McKinley Financial Services, Inc. and staff reviewed a proposed 11.1 % renewal rate increase initially offered by AvMed, and WHEREAS, through several discussions, the Human Resources Department, was able to negotiate a reduced rate increase of 5.04% making the total cost of health insurance Three Million, Eight Hundred Eighty Four Thousand, Five Hundred Sixty Five Dollars ($3,884,565.00) for fiscal year 2011, and WHEREAS, this represents an increase of One Hundred Eighty Six Thousand, Two Hundred Thirty Dollars ($186,230.00) for the upcoming fiscal year, and 1 Page 68 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the nation’s healthcare coverage is projected to increase by 11.1%, and WHEREAS, the City’s current Agreement with AvMed is renewable, 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 the City Clerk, to execute and attest, respectively, that certain Renewal Agreement with AvMed Health Plans attached hereto as Exhibit “A” for medical insurance in the amount of Three Million, Eight Hundred Eighty Four Thousand, Five Hundred Sixty Five Dollars ($3,884,565.00) for fiscal year 2011. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with AvMed Health Plans, with one (1) to be maintained by the City, and one (1) to be delivered to AvMed Health Plans. 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 69 of 383 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 28 29 AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Oliver Gilbert, III (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André Williams (Yes) ___(No) 37 38 39 Page 70 of 383 Page 71 of 383 Page 72 of 383 Page 73 of 383 Page 74 of 383 Page 75 of 383 Page 76 of 383 Page 77 of 383 Page 78 of 383 Page 79 of 383 Page 80 of 383 Page 81 of 383 Page 82 of 383 Page 83 of 383 Page 84 of 383 Page 85 of 383 Page 86 of 383 Page 87 of 383 Page 88 of 383 Page 89 of 383 Page 90 of 383 Page 91 of 383 Page 92 of 383 Page 93 of 383 Page 94 of 383 Page 95 of 383 Page 96 of 383 Page 97 of 383 Page 98 of 383 Page 99 of 383 Page 100 of 383 Page 101 of 383 Page 102 of 383 Page 103 of 383 Page 104 of 383 Page 105 of 383 Page 106 of 383 Page 107 of 383 Page 108 of 383 Page 109 of 383 Page 110 of 383 Page 111 of 383 Page 112 of 383 Page 113 of 383 Page 114 of 383 Page 115 of 383 Page 116 of 383 Page 117 of 383 Page 118 of 383 Page 119 of 383 Page 120 of 383 Page 121 of 383 Page 122 of 383 Page 123 of 383 Page 124 of 383 Page 125 of 383 Page 126 of 383 Page 127 of 383 Page 128 of 383 Page 129 of 383 Page 130 of 383 Page 131 of 383 Page 132 of 383 Page 133 of 383 Page 134 of 383 Page 135 of 383 Page 136 of 383 Page 137 of 383 Page 138 of 383 Page 139 of 383 Page 140 of 383 Page 141 of 383 Page 142 of 383 Page 143 of 383 Page 144 of 383 Page 145 of 383 Page 146 of 383 Page 147 of 383 Page 148 of 383 Page 149 of 383 Page 150 of 383 Page 151 of 383 Page 152 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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 N/A 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, APPROVING SUBSTANTIAL AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING POLICIES ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On December 13, 2006, the City Council approved the City of Miami Gardens Housing Program Policies, which issued by the Department of Community Development to establish and administer various Housing Programs. Since that time, time, the City has received additional funding from various funding sources, requiring amendments to the City’s Housing Policies. Such amendments were reflected in the most recent versions, approved by City Council on July 22, 2009 and December 9, 2009. As a reminder, the purposes of the Housing Program Policies are: • To ensure the City’s compliance with the requirements of the various funding sources • To achieve program effectiveness, including consistency and fiscal responsibility ITEM J-2) RESOLUTION Amendments to the Housing Policies Page 153 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation In reviewing the current Housing Program Policies, City Staff has determined that certain guidelines are needed in order to implement programs authorized under the Community Development Block Grant (CDBG), the Community Development Block Grant‐Recovery (CDBG‐R), the Energy Efficiency and Conservation Block Grant (EECBG), and the Neighborhood Stabilization Program (NSP). A summary of the revisions are as follows: • Under the CDBG‐R and EECBG programs, the City is providing grants to homeowners for an Energy Efficient Retrofit Program which includes insulation, A/C replacement and water heater replacement. The current Housing Policies do not include policies specific to this program. The amendment includes language that will guide staff in carrying out the program. • As it relates to the NSP, the existing Housing Policies do not include recent program updates issued by U.S. HUD and fail to include specifics primarily related to the re‐sale of the foreclosed properties purchased under the program. With the program’s progression, language is needed to continue carrying out this activity. • Amendments have also been made to various items related to Housing Rehabilitation. These include clarification on the eligibility of reverse mortgage holders, reducing the number of unanswered bids to declare a contractor unresponsive from 6 to 3 bids, and various changes to the bidding process, primarily providing staff the ability to invite specific trade licensed contractors to bid. • Related to homeownership assistance, we have amended our policy to mirror that of HUD, requiring new homebuyers to attend a HUD approved Homebuyer Counseling Session within the last 12 months versus 24 months and adopting a new policy to establish a minimum Housing Debt to Income ratio of 25% to avoid over subsidizing. • Amendment also includes the addition of the Environmental Protection Agency’s recent rule that addresses lead based paint hazards and the new requirements for contractors performing compensated work in pre‐1978 housing, child‐occupied facilities, daycares, schools and rental properties. These amendments to the Housing Program Policies are required. Proposed Action: City Staff recommends that City Council approve the proposed amended Housing Program Policies. Attachment: • Housing Program Policies Page 154 of 383 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, APPROVING SUBSTANTIAL AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING POLICIES ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 2006, the City Council approved the City of Miami Gardens Housing Policies, which has been utilized by the Department of Community Development to establish and administer various Housing Programs, and WHEREAS, the City has received additional funding from various sources requiring amendments to the existing policies, and WHEREAS, City staff is recommending that the City adopt the revised Housing Policies attached hereto as Exhibit A, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby approves the amendments to the Housing Policies attached hereto as Exhibit A. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. 1 Page 155 of 383 2 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 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 28 Mayor Shirley Gibson (Yes) ___(No) 29 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 30 Councilman Melvin L. Bratton (Yes) ___(No) 31 Councilman Oliver Gilbert, III (Yes) ___(No) 32 Councilwoman Barbara Watson (Yes) ___(No) 33 Councilwoman Sharon Pritchett (Yes) ___(No) 34 Councilman André Williams (Yes) ___(No) 35 36 37 Page 156 of 383 CITY OF MIAMI GARDENS Department of Community Development 1515‐200 N.W. 167 Street Miami Gardens, FL 33169 Tel 305.622.8041 • Fax 305.622.8046 Housing Program Policies Version 2.1007.10 Page 157 of 383 Page 2 Approved 022010 Reso#20091461091 evV.709 Table of Contents Section 1 Program Objective ...................................................................... 4 Statutes and Regulations ..................................................................................................... 4 Environmental ................................................................................. ...................................... 4 Section 2 Applicant Eligibility ..................................................................... 5 Income Criteria ...................................... ................................................................................ 5 Household Size Determination ....................................................................................... ..... 5 Creditworthiness ................................................................................................................... 5 Conflict of Interest ................................... ............................................................................. 6 Additional Criteria ................................................................................................... .............. 6 Section 3 Property Eligibility ....................................................................... 7 Property Value Assessment ................................................... ............................................... 7 Combined Loan to Value ...................................................................................................... 7 Additions and Conversions ................................................................................................... 8 Section 4 Determining Assistance Amount ......................................... ...... 9 Change Orders ...................................................................................................................... 9 Section 5 Housing Rehabilitation Program ............................................... 10 Inspection and Specification of Work Work ................................................................................. 10 Eligible Repairs ..................................................................................................................... 10 Contractor Participation ............................................. .......................................................... 11 Bidding Process ..................................................................................................................... 11 Contractor Award Criteria ................................................................................................... 12 Permits and Licenses .............................................. ............................................................. 13 Contractor Performance Scorecards .................................................................................. 13 Remedy Contractors ............................................................................................................ 14 Sweat Equity .................................................... .................................................................... 15 Draw Requests ................................................................................................................. .... 15 Retainer ............................................................................................................................... 15 Final Inspections ................................. ................................................................................. 15 Contract Dispute ................................................................................................. ................. 16 Section 6 Homeownership Assistance Program ...................................... 17 Applicant Eligibility ....................................................................... ............... 17 Program Funding ................................................................................................................. 17 Approved Lender Listing Listing ..................................................................................................... 18 Loan Terms ................................................................................... ........................................ 18 Security ................................................................................................................................ 18 Section 7 Replacement Home Program .................................................. 20 Applicant Eligibility ..................................................................................... ........................ 20 Loan Terms .......................................................................................................................... 20 Security ......................... ...................................................................................................... 21 Bidding Process ............................................................................. ...................................... 21 Section 8 Lead‐Based Paint ...................................................................... 22 Section 9 General Policies ............................. ............................................ 24 Loan Approval ................................................................................................................... 24 Security .............................................................................................................................. 24 Page 158 of 383 Page 3 Approved 022010 Reso#20091461091 evV.709 Decision Appeals ............................................................................................................... 24 Right to Refuse .................................................................................................................. 24 Fees .................................................................. .................................................................. 25 Exceptions to Policy ........................................................................................................... 25 Escrow Requirements ........................................................................................................ 25 Section 10 Neighborhood Stabilization Program 1 .................... ............... 26 Property Selection and Acquisition .................................................................................. 26 Realtor Services .......................................... ....................................................................... 26 Appraisals ................................................................................................................. ......... 26 Purchase Process ............................................................................................................... 27 Rehabilitation ....................................... .............................................................................. 27 Property Re‐Sale .................................................................................................... ............ 28 Sale Price ............................................................................................................................ 29 Selection Process .......................... .................................................................................... 29 Subsidy ....................................................................................................... ........................ 31 Section 11 Subordination Policy ................................................................. 33 Section 12 Definitions ............................................... .................................. 34 Section 13 Energy Efficiency Retrofit Program .......................................... 37 Page 159 of 383 Page 4 Approved 022010 Reso#20091461091 evV.709 Program Objective The City of Miami Gardens Department of Community Development utilizes the grant funds it receives from the federal, state and local government sources to aid in the development of a viable urban community. The primary objective of this department is to provide decent housing, a suitable living environment and the expansion of economic opportunities for the neediest persons in our community. The Department serves the City’s very low, low and moderate income residents by carrying out a wide range of community development housing activities such as Homeownership Assistance, Housing Rehabilitation, Replacement Homes, Emergency Housing Rehabilitation, Disaster Mitigation and the Neighborhood Stabilization Program. All housing programs carried out by the Department of Community Development are designed to fulfill the Department’s goal of providing safe and decent housing to the residents of this great City. The policies specified here were compiled from Federal and State Statutes and Regulations governing these programs, as well as industry practices that ensure prudent and efficient use of limited government resources for the benefit of the residents of the City of Miami Gardens. Statutes and Regulations The Housing Programs utilize Federal and State funds. The following Statutes and Regulations govern the program and are the source of the policies in this document. • CDBG Program : (Community Development Block Grant) Federal Statute: Title 1‐ The Housing and Community Development Act of 1974. 42 U.S.C.‐5301 Regulations: 24 CFR 570 and 24 CFR 982. • SHIP Program: (State Housing Initiative Partnership) Florida Statute: Chapter 420.907 Regulations: Florida Housing Finance Corporation Rule Chapter 67‐37 • Neighborhood Stabilization Program: Federal Register Notice 73 FR 58330, Docket FR‐5255‐N‐01 and amended June 11, 2009 with FR‐5255‐N‐02. Environmental All housing activities will be done in accordance with Federal and State environmental regulations. regulations. With respect to any assistance using CDBG funds, an environmental review will be performed by the Department of Community Development and/or their assignee in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The cost of Environmental Reviews is considered an administrative expense and will be borne by the Department of Community Development. Section 1 Page 160 of 383 Page 5 Approved 022010 Reso#20091461091 evV.709 Applicant Eligibility Income Criteria The U.S. Department of Housing and Urban Development (HUD) determines the “Area Median Income” (AMI) for areas throughout the nation and updates the figure yearly. The applicable local area is Miami‐Dade County since HUD does not provide a figure for the City of Miami Gardens specifically. When the policies use the term “median income” or AMI, it refers to the HUD Area Median Income for the Miami‐Dade County area. The Area Median Income as published by HUD corresponds to the area median income for a household of four (4) persons. The figures provided vary by the number of persons in the household. This is based on the rationale that a larger household requires higher income to maintain a minimum standard of living. The target income for each program will be expressed as a percentage of AMI. The percentage of AMI applicable for a program will vary according to the funding source and their program requirements. The definition of annual income adopted for these programs is that as defined in 24 CFR 5.609, referred to as “Part 5” annual income. The “Part 5” definition of annual income is the gross amount of income of all adult household members that is anticipated to be received during the coming 12‐ month period. Income not only includes wages or salaries of all adult household members, but all amounts anticipated to be received from a source outside the family. The full income of Individuals determined to be household members must be included in the household’s total annual income, even if the individual is temporarily absent. It should be noted that the City could deny assistance to an applicant with ownership in any other residential real property. Assistance will also be denied to applicants who have more than $25,000.00 in liquid assets. Household Size Determination The household size is essential in accurately determining program eligibility as the income level is adjusted per household size. The Department uses HUD’s Handbook 4350.3 as guidance on whether or not to count an individual as a household member. All members of the household must provide accurate proof of social security numbers and any other information required by the Department in order to substantiate them as a household member. Creditworthiness Loans will be underwritten to assess the applicant and property eligibility as well as the level of risk being undertaken by the City and the funding sources. To protect the City’s interest and the interest of the funding sources, the applicant must be current on payment of property taxes, child support payments and on any federally funded or insured debt. The applicant must also be current on any existing mortgage/s. The Department defines “current” as the applicant making regular mortgage payments as stipulated by the original mortgage terms for the past 6 months. Section 2 Page 161 of 383 Page 6 Approved 022010 Reso#20091461091 evV.709 The following conditions would define a loan as not being “current”: • Mortgage/s currently with one or more past due payments • Payments being made through a reorganization/restructure payment plan • A Lis Pendens recorded against the property. Upon release of a Lis Pendens, the applicant must display a current payment history of at least 6 months • Or any other situation which would increase the amount of risk taken on behalf of the City and the funding source, as may be determined on a case‐by‐case basis. Funds allocated to the various Housing Programs are awarded from various funding sources and therefore their regulations, policies and guidelines have been and will be incorporated into these policies. Conflict of Interest No assistance will be provided to City of Miami Gardens employees or their immediate relatives without the expressed written permission of the City Manager and/or the funding source if required. Full disclosure on the part of the applicant will be required at the time of application. Failure to disclose said relationship will result in an immediate rejection of the loan and/or will require full repayment of the loan including interest accrued at the maximum interest rate allowed. Immediate relative for this purpose is defined as a spouse, parent, child, brother or sister of the applicant. All program participants will be required to sign a Conflict of Interest Form acknowledging the above. Additional Criteria Applicants must occupy the property receiving assistance for the term of the assistance. The applicant/homeowner cannot change or transfer title of the property for the term of the assistance. Applicants must either be U.S. Citizens or have obtained legal U.S. permanent residency immigration status. Applicants who currently have reverse mortgages will not be eligible to participate in programs where assistance is subject to a recapture provision/mortgage lien. Assistance provided in the form of a grant will not be subject to this policy. Page 162 of 383 Page 7 Approved 022010 Reso#20091461091 evV.709 Property Eligibility All properties assisted by this department must fall within the corporate limits of the City of Miami Gardens. The property shall not consist of more than one (1) residential unit. For properties with more than one unit, further verification may be required to ensure that assistance can be provided and can require additional documentation and a revision of the established terms. The property must conform to the requirements of the City of Miami Gardens Planning and Zoning Department. Additional criteria could apply for programs with specific parameters such as the Neighborhood Stabilization Program. Property Value Assessment The Department of Community Development must determine the property value for all homes receiving assistance. The factors used to determine the property value will vary by program however the Maximum Property Value for participation in the housing programs is currently $300,000.00. Rehabilitation Program: the Market Value of the property as determined by the Miami‐Dade County Property Appraiser. Homeownership Program: the values as determined by a licensed professional and HUD approved appraiser. Subordinations: the value can be determined using either Market Value or the value as determined by a licensed and HUD approved appraiser, using the highest value. Combined Loan to Value This is the sum of all existing loans and proposed City loan secured by the property as a percentage of the value of the property. The value of the property is the market value as determined above. The following are the maximum Combined Loan to Value Ratios (CLTV) per Housing Program: Housing Rehabilitation 150% Replacement Homes 125% Homeownership Assistance 105% Subordination Requests 150% Loans with Combined Loan‐to‐Value Ratios (CLTV) above the maximum can only be originated with an approved request of exception. Section 3 Page 163 of 383 Page 8 Approved 022010 Reso#20091461091 evV.709 Additions and Conversions It is not the policy of the City to finance additions to existing buildings or projects that change the Certificate of Occupancy. However, in overcrowding situations, an exception to this policy can be granted by the Director. In providing an exception, the Director will review the composition of the family to ensure that the family composition will remain the same in the foreseeable future; this also applies in the case of Accessory Dwelling Units. Property owners whose homes are found to have units that are believed to be non‐conforming, such as additions or conversions built/converted without the benefit of permits, will be disqualified. The burden to prove the legality of the unit/s lies with the homeowner. Depending on the program, the individual project funding limit and the overall program budget, the Department could provide the option of returning the home to its original form. At which time, a portion of the assistance would would be used to return the non‐conforming unit to its original form. Homeowner’s who are found to have non‐conforming units that are being used as a rental unit or a second housing unit will be reported to the City’s Code Enforcement Department. Page 164 of 383 Page 9 Approved 022010 Reso#20091461091 evV.709 Assistance Amount The amount of assistance to be provided to applicants shall be governed by either the HUD Annual Action Plan or the Local Housing Assistance Plan, or any other applicable contract, depending on the funds being used to carry out the program. If the majority of the bids accepted for a project exceed the maximum assistance provided by a program, the Department will make every effort to identify items that are not of immediate or in direct need of repair. The Department, at its discretion, will remove items from the Specification of Work Report that are not essential in making the home safe, decent, and sanitary, nor affect the health and safety of the homeowner. Exception to the maximum amount of assistance will be allowable when issues arise outside of the applicants, contractors and/or Department’s control. These are usually items that are caused by unforeseen circumstances or required by the Building Department during the permitting or inspection process. The authority to approve exceptions to the maximum assistance amount will rest with the City Manager and/or his designee and shall be noted on the Loan Approval Memo. Change Orders It is the policy of the City to minimize the use of change orders. Hence, all efforts will be made to correctly identify all work that must be done to bring the property being rehabilitated to a safe and sanitary condition. However, in rehabilitating older homes, the City understands that additional work could be required due to unforeseen conditions. Staff must ensure that contractors do not use change orders as a means to add unnecessary work and staff must prevent homeowners from requesting additional work that is cosmetic in nature and has no bearing on the safety or health of the household members. Contractors must get prior approval of Change Orders before completing or proceeding with the additional work or changes of the Specifications, regardless of monetary value. If a Contractor performs the work without prior approval, the contractor faces the possibility of not being compensated for the work. The Contractor will not be able to hold the City, the Department, the Homeowner or any other person representing the City accountable for the cost of the additional work or work performed differently than what was specified on the original Specification of Work Report. Section 4 Page 165 of 383 Page 10 Approved 022010 Reso#20091461091 evV.709 Housing Rehabilitation Program Under the Housing Rehabilitation Program, the City of Miami Gardens provides assistance of up to $35,000.00 to qualified applicants requiring necessary repairs . This program is limited to persons or households whose total household income does not exceed 80% to 120% of AMI. (Please see Section 2 for the definition of AMI.) This assistance is subject to funding availability. Security Assistance is provided as a five (5) year deferred payment loan with a recapture provision that requires the recipient occupy the property throughout the five years following receipt of assistance. Upon maturity, the City’s loan converts to a grant and is thereby forgiven. This provision is clearly disclosed on the Promissory Note to be executed by the applicant and secured with a mortgage lien placed on the property. In the case of the death of the homeowner, the heirs can assume the indebtedness, provided they have been certified as income eligible by the City, and that they reside in the house as their primary residence. Otherwise, the total principal and all accrued interest will be due immediately. Inspection and Specification of Work All Rehabilitation and Replacement loans will require an inspection of the home to be carried out by an approved and licensed inspector contracted by the Department. The cost of the inspection and the preparation of the Specification of Work Report will be paid from the loan proceeds. The Inspector will meet with the homeowner and inspect the residence for repairs needed for the health, safety or sanitary conditions of the home. The Inspector will also review for violations of Housing Quality Standards (HQS), as well as Florida Building Code. The Tier System will be used to determine the priority of the repairs needed. The Inspector will prepare a Specification of Work Report that will be reviewed and approved by the homeowner prior to it being released to the contractors. The Report will not be approved and finalized by the Department until after the Bid closing deadline. The Inspector will schedule and invite the contractors to a Pre‐Bid Meeting. Attendance at the Pre‐Bid Meeting is mandatory. Contractors not attending are disqualified from participating. The inspector will collect names and signature of those in attendance and will conduct the meeting by explaining the Specification of Work Report, answering questions and addressing concerns. After the Pre‐Bid Meeting, the Inspector will provide the Department with a Specification of Work Report as provided to the contractors, a Specification of Work Report with his line item cost estimate and the sign in sheet from the Pre‐Bid Meeting. He will also provide pictures to reference the items on the Report. Eligible Repairs The Specification of Work report will be based on a Tiered System. This System was developed to provide a guide by which needed repairs are identified and to ensure adherence of the City’s Housing Rehabilitation Standards and Housing Quality Standards Standards as per 24 CFR 982. Priority will be Section 5 Page 166 of 383 Page 11 Approved 022010 Reso#20091461091 evV.709 given to hardening and mitigation as well as returning homes to their original form if a nonconforming unit exists. Tier I Roof Windows Exterior Doors Shutters Tier II Smoke and Gas Alarm System Electrical System Plumbing Tier III Exterior Paint & Structural Repair Bathroom Fixture Replacement Kitchen Cabinet Replacement Air Conditioning Replacement Contractor Participation Contractor’s wanting to participate in the City’s Housing Programs must be approved through the City’s Procurement Department. In addition, the Department will perform an assessment to confirm the contractor’s eligibility. This includes confirming that they have not been suspended or debarred by U.S. HUD or any other Federal Executive Branch Agency. If so, they will be excluded from participation in the program. The Department will also verify with the State of Florida Department of Business and Professional Regulation for any complaint history associated with the applicant’s license. If a a complaint were to exist, the particulars will be reviewed by staff and a recommendation will be made to the Department Director as to whether to approve or deny the contractor’s request for participation. The Department’s decision will be made in writing to the applicant with copy to the Procurement Department. The Department will maintain a current listing of approved contractors that will be utilized to seek bids for the Housing Programs. The list will also be made available to City residents on the Department’s website. The contractors will be responsible for updating their insurance and licensing information as required. All contractors must have an operating fax and/or e‐mail address. Approved Contractors are expected to actively participate in the bidding process. Those who are unresponsive to 63 or more bid invitations could be denied continued program participation. In situations such as this, contractors will receive formal notification from the Department advising of their removal from the Approved Contractor Listing. Contractors requesting to be reinstated must provide a written explanation, updated license and insurance information. The Department will reinstate contractors at the Department’s discretion. Any changes in policy or procedure related to the housing programs will be communicated to the contractors via a Program Directive. Bidding Process All eligible contractors will be invited to attend Pre‐Bid meetings held by a City appointed Inspector at the applicants’ homes. Pre‐Bid Meetings are mandatory, contractors can only submit bids if they attend the meeting. At times, depending on the program specifications, invitations to bid could be sent directly by the Department to specific eligible contractors based on licensing or trade Page 167 of 383 Page 12 Approved 022010 Reso#20091461091 evV.709 specialties. When this is the case, no Pre‐Bid meetings will be held at the Department’s discretion but contractors will continue to be subject to the remainder of the eligibility components. The eligibility to be awarded a bid will be subject to various components such as the number of projects underway, bid response, Performance Scorecard Ratings, contractor capacity, new contractor status, etc. The Department reserves the right to deny a contractor from bidding if they are currently working on a project where the Department believes the contractor’s performance is lacking or is perceived to not meet the timeline imposed by the contract. At the pre‐bid meetings, contractors will be provided with the approved Specification of Work Report that will detail the work to be completed for that particular project. Contractors will be given a deadline to submit their bids. All bids should be presented in a sealed envelope labeled with the project number, name, address and submitters company name. If a Specification for Work Addendum is issued on a project, the bid package must include the Addendum. Failure to include the Addendum will disqualify a bid from being considered for award as will the failure to complete the bid in its entirety.. A minimum of 3 responsible bids will be required per project. If less than 3 bids are received, the Specifications of Work Report could be amended and re‐sent to all contractors who originally attended the Pre‐Bid meeting. In the event that the project is re‐bid and 3 bids are not received, the Department will notate the file to show the attempts and proceed with the bids received. (In an emergency situation where a condition is deemed unsafe by either the Inspector or the City’s building official, this requirement may be waived by the Director.) Upon the expiration of the established Bid Deadline, the Department will notify participating contactors of the time and place of the Bid Opening. The Bids will be opened in the presence of two staff members. The bidder names and corresponding amount will be read aloud. The results will then be itemized on a Bid Result Report. Award shall be based on the information submitted only, no changes, additions or deletions will be permitted after the bids are accepted by the Department. The lowest responsible and responsive bidder will be selected. The Bid Result Report will be noted with the decision and supporting documentation kept in the Loan File. The homeowner will sign the final version of the Bid Result Report, further indicating their approval of the contractor selection. Exception to this policy rests with the City Manager. The Department reserves the right to revise the Specification of Work Report if the lowest responsible bid exceeds the program maximum amount. The Tier System will be used to determine what items must be removed or revised. The Report will be revised prior to the loan closing and provided to all interested parties. Contractors can requests copies of the bid packages after after a project is awarded and will be charged the standard Public Document Request copy fee. A deposit of $10.00 will be required upon request. Contractors can request a Bid Analysis once a project is awarded at a charge of $25.00. The fee must be paid upon request. Fees collected will be considered Program Income and will be used as such. Contractor Award Criteria Contractors will be awarded a maximum of two projects concurrently. Therefore, if a contractor has two active contracts, they will not be awarded any additional contracts. Contractors are encouraged to participate in the bidding process regardless of the number of projects awarded. Page 168 of 383 Page 13 Approved 022010 Reso#20091461091 evV.709 The authority to approve an exception to the Two‐Contract Policy will rest with the Department Director and the file will be documented justifying the reason for the exception. Reasons for an exception can be related to the next highest bid being significantly higher, contract status, the work capacity previously displayed and the level of accomplishment and satisfaction with prior contracts. If the lowest responsive and responsible bidder has not previously performed like services for the City of Miami Gardens, the City reserves the right to award only one contract during a trial period or until such time that Department staff can determine that the bidder will perform to the City’s complete satisfaction. Approval of exceptions to this policy rest with the Department Director and must be documented for the file. If the Department finds that a contractor fails to meet his/her obligations with the homeowner and/or the City, and does not remedy the situation as as stipulated by the Department, the contractor will be removed from the Department’s list of approved contractors and not be allowed to participate in the City’s Housing Programs. Permits and Licenses All Contractors are required to have all applicable licenses and insurance coverage and/or exemptions. Upon receipt of a new contractor application, the Department will confirm licensing and worker’s compensation status with the Florida Department of Business and Professional Regulation. Contractors must also be certified by the U.S. Environmental Protection Agency (EPA) as a RRP Contractor. (See Section 8 for further information). The Department will not make any disbursements unless the proper permits are filed and the work being performed is approved. License from the Department of Business and Professional Regulation and/or from Miami‐Dade County, depending on the particular trade, is required. It is the responsibility of the General Contractor to ensure that all sub‐contractors are licensed and insured. The City will require all contractors to provide proof of General Liability coverage of not less than one million dollars ($1,000,000). Contractors will also be required to provide proof of Workers' Compensation Insurance or an Exemption Certificate and ensure that subcontractors have the required coverage. submit any change in status immediately. All contractors awarded with a Replacement Home Program contract will be required to add the City of Miami Gardens as an additional insured on all insurance policies and will be required to purchase Builder’s Risk coverage. Contractor Performance Scorecard In order to ensure a high level of quality and workmanship, the Department has established a Performance Scorecard process that allows us to evaluate each contractor’s performance. The Performance Scorecard is completed once the final inspection is performed. The scorecard assigns a specific point value to each established criterion. The minimum score required to continue participation in the programs is 75 out of 100 points. The criterion primarily focuses on timeliness, quality of workmanship, homeowner satisfaction, acquisition of permits and local vendor participation. However, the Department reserves the right to amend the scorecard as deemed necessary. See Appendix for sample. A new contractor who is awarded their first project and does not score the minimum points will be removed from participating in the program. The contractor will be notified in writing and provided a Page 169 of 383 Page 14 Approved 022010 Reso#20091461091 evV.709 copy of the Performance Scorecard. Copy of the correspondence and Scorecard will be submitted to the Procurement Department for their files. An existing contractor who has successfully completed projects with the City in the past and does not score the minimum points required on one particular project will be placed on a probationary status. While in probation, their participation will mirror that of a new contractor, including the same limitation on projects awarded. They will be notified of their new status and limitations and will receive a copy of the Scorecard. Copy will be provided to the Procurement Department for their files. All contractors will be given a reasonable time to appeal the Department’s decision. Appeals will be submitted to the Director for his assessment. The final determination will be provided in writing to the Contractor, the Procurement Manager and Community Development Staff. Remedy Contractors Although the Department makes every effort to assure that Contractors perform as per the Contract Terms, there are times where the Contractor either fails to perform as expected or does not complete the project; both considered a default of the Contract Terms. In most cases, the default is identified within the first 30 to 45 days after the project is awarded. In these cases, the Department would follow the necessary steps in working with the homeowner in cancelling the existing contract and terminating the Contractor from the project. Depending on the circumstances, this could include the Department removing the Contractor from the overall program. The Department would proceed to contact the next lowest bidder to complete the project and execute the necessary documents to do so. Unfortunately, there are cases where the initial contractor has performed partial or all the work but the work is not completed in accordance with the Specification of Work Report, the workmanship is poor, or the contractor has failed to pull permits and/or adhere to building code requirements. Again, the Department would proceed to contact the next lowest bidder to complete the project. In the case that the next lowest bidder cannot proceed from where the defaulted contractor stopped either because of: a) the lapse of time from when he initially submitted the bid, b) he cannot honor his initial bid amount, c) he cannot commence work immediately or d) he no longer wants the project, the Department then reserves the right to select a Remedy Contractor. The Remedy Contractors will be appointed by the Department using the following criteria: a) they must have the capacity to begin work on the project immediately, b) they must have received passing scores on all of their Scorecard Evaluations, c) they must have completed 8 or more projects for Miami Gardens and d) they must accept to warrantee all the work for which they were not initially responsible. The Remedy Contractor will also be asked to accept the original bid amount when the work being performed is the same. Instances where the cost is more, the Department, at its discretion, will evaluate the cost and make the determination to either accept the proposed cost or proceed in another manner which could include re‐bidding the project. The Department will review its Remedy Contractors on an annual basis. Page 170 of 383 Page 15 Approved 022010 Reso#20091461091 evV.709 Sweat Equity The City of Miami Gardens will not finance any rehabilitation in cases where the applicant performs the work. The City will not reimburse homeowner for work completed prior to or during the time whereby the City sponsored project has commenced. Draw Requests Upon execution of a Contractor/Homeowner Agreement, the Department will provide the Contractor with a Payment Request Form and a Draw Form. The Department will be responsible for ensuring that payments are made in accordance with the Specification of Work Report, and all applicable Department and City procurement and contracting policies. To request a draw, both forms must be signed by the Contractor and Homeowner and presented to the Department of Community Development. Copy of applicable City of Miami Gardens Permit Cards must accompany the Draw Requests. The Permit Card must show an approval for the specific trade being drawn and with the percentage of completion being drawn. The Department will not make payment for more than 50% of a line item without an approved final inspection, Release of Lien and any applicable warranty. All Draw Requests must be approved by the Loan Program Manager and the Department Director. At no time are Draw Requests to be submitted directly to the Finance Department. The Finance Department will not process any Draw Requests that have not been reviewed and approved by the Director or his/her designee. Retainer The City will retain 10% of all Draws until final inspection and project completion. The retainer is released upon acceptable project completion and submission of the required documentation including releases of liens from all subcontractors who performed work on this project. Final Inspections Upon completion of a project, a final inspection must be requested by the contractor. The request must include a copy of the Final Draw Form and copy of all Permit cards with Final Approval from the Building Department Inspectors. The request for a final inspection will be made by the contractor directly with the Department’s Housing inspector. A final inspection will be performed and will determine whether the work performed was completed as per the Specification of Work Report. Any line item not completed as per the Specification of Work Report will not be acceptable and considered a finding. If the final inspection determines that there are findings, a second final inspection will be required and again must also be requested by the contractor. There will be a charge to the contractor of $200.00 for any inspection beyond the second final inspection. The charge will be deducted from the project retainer. Contractors will be fined $50.00 per calendar day, to be deducted from the total contract as liquidated damages, for each day the project remains incomplete beyond the date specified for completion. Page 171 of 383 Page 16 Approved 022010 Reso#20091461091 evV.709 Contract Dispute If a problem should arise between the Homeowner and the contractor, it is the responsibility of those parties to resolve the issues. The Department may intercede in order to facilitate the progress of the project. If the Homeowner does not receive satisfaction from the contractor, the Department reserves the right to intervene on his/her behalf. The Department could withhold payment and/or retainer if deemed necessary. Likewise, the Department reserves the right to intervene on the contractor’s behalf if the Homeowner is refraining from approving a Draw request without just reason. The Department could proceed to pay the contractor for the work completed as required without the Homeowner’s approval if it can inspect and justify that the contractor is in fact due payment. In the event that a homeowner cancels a certain line item or activity from the proposed scope of work, the contractor could be allowed to draw up to 10% of the line item amount, provided they are able to demonstrate that they have incurred expenses for the line item in question. The file must be documented with all the specifics and findings for each case. Page 172 of 383 Page 17 Approved 022010 Reso#20091461091 evV.709 Homeownership Assistance Program The City of Miami Gardens provides assistance of up to $20,000.00 to qualified applicants purchasing a home in the City of Miami Gardens. This program is limited to persons or households whose total household income does not exceed 80% to 120% of AMI. (Please see Section 2 for the definition of AMI.) This assistance is subject to funding availability. Applicant Eligibility In addition to the eligibility criteria specified in Section 2, applicants seeking Homeownership Assistance must meet additional criteria in order to receive this assistance. This additional criterion serves to assure affordability and that the assistance is being provided to the intended recipients. Therefore, persons having owned a home in the last three (3) years are not eligible for this assistance. Exceptions can be made for cases where a single parent has been displaced. Applicants must have attended a Homebuyer Counseling Course within the last 1224 months and must be able to provide certification of their attendance. If the Certification is older than 1224 months, the applicant can still be considered with the understanding that the course must be retaken before a Commitment Letter will be issued by the City of Miami Gardens. The Housing Debt‐to‐Income Ratio (Front End Ratio) will not be a determining factor for an approval as long as it is acceptable to the first mortgage lender. Staff will use the Overall Debt‐to‐Income Ratio to determine applicant eligibility. The maximum Overall Debt‐to‐Income Ratio accepted is 45% (forty‐five percent). The Overall Debt‐to‐Income Ratio includes the housing expenses and any other expenses for which the applicant is responsible for. The Combined Loan‐to‐Value Ratio cannot exceed 105%. The Department’s eligibility is not contingent on an applicant’s credit history as long as it is acceptable to the primary lender. The City will not use the applicant’s credit score to determine eligibility. However, the City will reserve the right to reject an application based on credit. Program Funding The assistance provided by the Homeownership Assistance Program can be used towards either down payment and/or closing costs. The assistance cannot be used as payment towards any existing debts or to satisfy any collection items. Buyers are not permitted to receive any funds at closing. The amount of assistance approved by the City will solely be based on the applicants need and this will be determined by the Overall Debt‐to‐Income Ratio. If the Housing Debt‐to‐Income Ratio (Front End Ratio) is less than 25% (twenty‐five percent), this will be considered over subsidizing and will require an adjustment to the amount of assistance being provided. A minimum contribution towards the purchase of the home of one percent (1%) of the sales price will be required by the applicant. Section 6 Page 173 of 383 Page 18 Approved 022010 Reso#20091461091 evV.709 Approved Lender Listing The City maintains a list of participating lenders which are able to submit and process files seeking assistance from the City of Miami Gardens. This list is limited to lenders whom are either a depository institution, an entity affiliated with a community development financial institution or a non‐profit secondary market lender. The City will be inclined to accept files from lenders for the purchase of homes developed as part of a county funded project or a file from a Section 8 Voucher recipient. Exceptions can be made on a case by case basis and the decision to do so will rest with the Department Director. Staff will hold periodic workshops for these lenders for the purpose of providing technical assistance and keep them abreast of our policies and procedures. Loan Terms The City’s funding will be provided in a two part form, with only one portion to be repaid. The repayment was minimized to avoid creating a hardship for the homebuyer and to recycle the funding for future applicants. The City’s maximum amount of assistance is $20,000.00, the first $10,000.00 will be provided as a thirty (30) year deferred payment loan that will be forgiven at maturity provided that occupancy requirements are met. The amount of assistance provided beyond the initial $10,000.00 will be provided as a thirty (30) year repayable loan. The repayment will consist of 360 equal monthly installments with zero percent (0%) interest. Payments will commence on the first day of the month following the closing. Recipient will receive payment remitting instructions upon closing. Payments received will be considered Program Income and used to carry out activities under the same program. Security Assistance is provided with a recapture provision. This provision is clearly disclosed on the Promissory Note/s to be executed by the applicant. The Promissory Note is thereby secured with a mortgage lien placed on the property. In the case of additional subsidy from other sources, the City has no pre‐set requirement as to the City’s lien position but expects the position to be in the order of amount of subsidy provided. In the case of the death of the homeowner, the heirs can assume the indebtedness, provided they have been certified as income eligible by the City, and that they reside in the house as their primary residence. Otherwise, the total principal and all accrued interest will be due immediately. In the case of sale or transfer of the unit, the City will share in the net appreciation/gain realized by the borrower or heir according to the following schedule: i. 0 – 5 years – 100% of both the City’s loan balance and the pro‐rata share of the net appreciation (gain) is due to the City. ii. 6 – 10 years – 100% of the loan balance and 50% of the pro‐rata share of the net appreciation (gain) is due to the City. iii. 11 – 30 years – 100% of the loan balance is due to the City. The City will not share in the appreciation after the 10th year. Page 174 of 383 Page 19 Approved 022010 Reso#20091461091 evV.709 In addition to a Mortgage Deed and Security Agreement being recorded with the Miami‐Dade Recorder against the property, an Affordability Mortgage Rider will also be recorded by the City to disclose the requirements attached to the assistance. The above gain sharing proposal will terminate in the case of foreclosure; however, the City will require lenders to provide us a right of first refusal to purchase the loan at a negotiated price. Page 175 of 383 Page 20 Approved 022010 Reso#20091461091 evV.709 Replacement Home Program The Replacement Home Program provides assistance to homeowners whose homes requiring repairs costing in excess of 50% of the property’s assessed value. This program is limited to persons or households whose total household income does not exceed 80% of AMI. (Please see Section 2 for the definition of AMI.) This assistance is subject to funding availability. Applicant Eligibility In addition to the eligibility criteria specified in Section 2, applicants seeking to participate in the Replacement Home program must meet additional eligibility criteria. The home must be free of mortgage liens or the mortgage holder/s must be in agreement to allow for the demolition and rebuilding of the home. The agreement must be received by the City in writing within a time frame that is acceptable to the City. The total Combined Loan‐to‐Value cannot exceed 125% of the estimated appraised value of the home upon completion. For qualification purposes, three (3) area comparables will be utilized to estimate the appraised value. The homeowner must demonstrate the ability to make payment of the standard housing expenses such as property taxes and homeowner’s insurance. The combined monthly cost of these expenses should not exceed 45% of the homeowner’s total income. Loan Terms The assistance will be provided as a 30 year deferred payment loan with no interest being accrued. The homeowner will not be required to make any payments toward the amount outstanding until the maturity, provided that they continue occupying the home and do not transfer or make changes to the property title. Upon maturity the total outstanding balance will be due and payable in full. If the homeowner does sell or transfer title of the property, they will be required to repay the City the total amount expensed by the City. In the case of the title being altered without prior approval of the City, the City will make a determination based on the change made and the effect on the City’s mortgage and lien position. The rebuilding of a home will have an impact on a homeowner’s property taxes and homeowner’s insurance. The Department, in anticipation of this impact, will establish a Reserve Account for each Replacement Home. This account will serve as an escrow account for collection and payment of property taxes and the homeowner insurance premium. The Department will conduct an analysis and determine the estimated year end cost to the homeowner and collect this amount in 12 equal monthly payments. The Department will be responsible to collect and disburse the funds as required. The Department will continue the Reserve Account for a period of three (3) years or until the homeowner is able to demonstrate their ability to make payment of these costs on their own. See page 21 for more information regarding escrow performed by the Department. Section 7 Page 176 of 383 Page 21 Approved 022010 Reso#20091461091 evV.709 Security Assistance is provided with a recapture provision. This provision is clearly disclosed on the Promissory Note to be executed by the applicant. The Promissory Note is secured with a mortgage lien recorded on the property. In the case of the death of the homeowner, the heirs can assume the indebtedness, provided they have been certified as income eligible by the City, and that they reside in the house as their primary residence. Otherwise, the total principal and all accrued interest will be due immediately. In the case of sale or transfer of the unit, the City will share in the appreciation/gain realized by the borrower or heir according to the following schedule: i. 0 – 5 years – 100% of both the City’s loan balance and all of the appreciation (gain) is due to the City. ii. 6 – 10 years – 100% of the loan balance and 50% of the pro‐rata share of the appreciation (gain) is due to the City. iii. 11 – 30 years – 100% of the loan balance is due to the City. The City will not share in the appreciation after the 10th year. Bidding Process The City will follow a competitive bidding process to select the contractor to perform the specifications for these projects. The bidding requirements and contractor eligibility will be determined by the Department with the assistance of the City’s Procurement Department. The bids will be received and reviewed by the Procurement Department to assess the lowest eligible bid/bids. If there are more than one bid at the same lowest price, the homeowner will be allowed to review and select the contractor of their choice. Contractors will be formally notified and are required to submit required documentation within the time frame disclosed on the bids packet or by the Procurement Department. The contract will be executed between the Homeowner and the selected Contractor. The City will serve as project administrator. The management of the project will be conducted in the same manner as the Housing Rehabilitation Program, please refer to Section 5. Page 177 of 383 Page 22 Approved 022010 Reso#20091461091 evV.709 Lead‐Based Paint When Federal Funds, such as CDBG, are used to assist housing units built prior to 1978, steps must be taken to address lead hazards. The following has been implemented in order to comply with the regulations found at 24 CFR Part 35. The purpose of this regulation is to identify and address lead‐based paint hazards before young children are exposed to lead. Notification The Department provides participating homeowners with the Lead Hazard Pamphlet at the time of application for which they sign an acknowledgement stating they received the pamphlet and understood the material. This acknowledgement will be kept in the participants file. Participants will also be notified of the results of any lead hazard evaluation/or assessment of lead‐based paint or lead hazards. This notification will be made 15 days from the date of evaluation and a copy of this notice will remain in the participant file. Should lead hazards be detected requiring lead hazard reduction work be performed, the homeowner will also be notified of the results within 15 days of the project achieving clearance and a copy will remain in the participant file. Lead Hazard Evaluation A risk assessment will be required for all rehabilitation projects for receiving assistance of over $25,000 per unit and where children under the age of 7 or pregnant women reside, this only includes hard costs. A risk assessment will also be performed for homes where the occupants are not yet determined. An Assessment/Evaluation can include a visual assessment, paint testing and a risk assessment. This will be done prior to any rehabilitation work. This assessment will be completed prior to the Pre‐Bid meeting. Lead Hazard Reduction If the evaluation/assessment determines that lead paint will be disturbed as part of the rehabilitation work or the property has existing exposed lead hazards, reduction or abatement will be necessary. This can include paint stabilization, interim controls, standards treatments or abatement. The work required to reduce or abate the hazard will be compiled as a Scope of Work and would be made available for bidding through the standard bidding process. Bidding for lead project will be limited to contractors that are certified to perform the work and that understand and will follow the safe work practices for lead. Once the reduction or abatement is performed, a clearance will be performed by a certified Lead Based Paint inspector or risk assessor. Results of the clearance will also be provided to the homeowner upon receipt of test results. Section 8 Page 178 of 383 Page 23 Approved 022010 Reso#20091461091 evV.709 Funding The costs of the evaluation and any reduction work required will be considered part of the overall project cost and will be subject to the program’s maximum amount of assistance. Renovation, Repairs, and Painting Certification On April 22, 2008, the U.S. Environmental Protection Agency (EPA) has issued a Rule that addresses lead based paint hazards created by renovation, repairs and painting activities to become effective April 22, 2010. The Rule applies to compensated work performed in pre‐1978 housing and child‐occupied facilities, daycares, schools and rental properties. It does not apply to minor maintenance or repair activities where less than 6 feet per room or 20 square feet of exterior area is disturbed. Window replacement is not to be considered minor maintenance or repair. Under the rule, contractors performing work such as this are required to be certified by the EPA and must follow specific work practices to prevent lead contamination. The The rule further requires that atleast one certified renovator be present on the job site at all times and that the firm be certified and registered with the EPA. HUD has adopted the Rule with some differences, primarily the method of testing, requiring a clearance after work is completed and a smaller size of 2 feet per room for interior areas being repaired, renovated or painted. Staff will require all participating contractors to be certified and will perform work to not only follow the new EPA Rule but to also adhere to the more stringent requirements of the HUD Lead Safe Housing Rule. Page 179 of 383 Page 24 Approved 022010 Reso#20091461091 evV.709 General Policies Loan Approval Loans will be recommended for approval after program eligibility and credit review is completed. The Loan Program Manager will review the file and recommend approval of the loan to the Director based on the current policies for the program as approved by the City Council for the period in question. Authority to commit the City to provide any form of Assistance is vested in the City Manager. Security The assistance provided by the Department could be subject to recapture requirements depending on the individual program specifics. The assistance will be provided in the form of deferred payment loans, forgivable loans and/or grants and the terms will be based on each program’s individual policy. Decision Appeals The Department of Community Development will determine if an applicant is eligible or not to receive assistance for the program for which they have applied based on the guidelines contained herein and those set by the funding sources. The Department will notify applicants of the determination in writing. The applicant will have a period of ten (10) days from the date of the letter to contact the Department to appeal the decision. The appeal will only be accepted if based on evidence or belief that an error was made by the Department. The appeal cannot be made on the basis of the program guidelines since these rules, regulations and programmatic guidelines are pre‐established by the funding sources and not the Department Right to Refuse The Department reserves the right to refuse assistance to any applicant on the basis of homeowner: • failing to disclose information which negates their eligibility; • unreasonableness; • homeowner uncooperativeness; • any other reason as may be determined on a case‐by‐case basis Section 9 Page 180 of 383 Page 25 Approved 022010 Reso#20091461091 evV.709 Fees The City will incur charges for services necessary in the delivery of providing assistance. These charges are paid from the corresponding loan proceeds. These services include, but are not limited to: loan underwriting fees, ownership and encumbrance reports, property inspections, credit reports and any other services required in the making of the loan. The Department does not collect any fee for participation in the program. Exceptions to Policy Exceptions to policy will be considered on a case‐by‐case basis. The Loan Program Manager must review such a request and make a recommendation to the Director for an approval or rejection citing reasons, which should include the policy from which the request is based and the reason for the exception. The decision to allow an exception must be based on the ability of the City to make that exception and whether the granting of the exception will put the City’s investment at risk. Final approval of cases where exceptions will be made lies with the City Manager. In situations where the exception contradicts the Statutes or Regulations for the funding source, an exception should first be obtained from the funding source. Such exception requests should be in writing and a written response solicited and made part of the loan file. Escrow Requirements For all housing related loans, the Homeowner is required to have a current Homeowner’s Insurance Policy whereby the City of Miami Gardens must be listed as an additional insured. Properties being reported as located in a Flood Zone per Miami‐Dade County will also be required to maintain Flood Insurance Coverage and list the City of Miami Gardens as an additional insured. The City of Miami Gardens reserves the right to escrow for real estate taxes, homeowners’ and/or flood insurance, if the City’s loan is in a first mortgage position or if the Department sees just cause to escrow for such payment. Just cause can be considered a default of real estate taxes or cancellation of insurance coverage for non‐payment. The Department will require annual proof of insurance coverage throughout the term of the mortgage. The Department will perform an expected cost analysis to determine the amount to be escrowed and will provide the homeowner with payment terms. The data for the analysis will be collected from the State of Florida Office of Insurance Regulation and the Miami‐Dade County Tax Collector. In the case where payments are made on behalf of the homeowner and there are still funds remaining, the homeowner will be notified and given a choice to either receive the over collected funds or allow the balance to remain with the City to disburse for future payments. In the case of a shortage, the homeowner will be notified immediately of the amount and requested to submit the difference. Upon receipt of the difference, the City will disburse the necessary payments. If there are not sufficient funds collected to pay for both the property taxes and the insurance, the Department will prioritize prioritize payment of property taxes. Payment to the insurance will be held until homeowner submits balance due. Page 181 of 383 Page 26 Approved 022010 Reso#20091461091 evV.709 Neighborhood Stabilization Program On July 30, 2008, the Housing and Economic Recovery Act was signed into law and it contained many components, one being the Neighborhood Stabilization Program 1 (NSP1). For this Program, the City of Miami Gardens received an allocation of funds to acquire, redevelop and resell foreclosed and abandoned properties in areas of greatest need to prevent any further neighborhood decline. All of the proposed activities meet a national objective. The activities to be carried out by the City of Miami Gardens were submitted to U.S. HUD in the form of a Substantial Amendment which has since been approved. The following are the activities and policies as related to the NSP1. Property Selection and Acquisition The established criterion for purchasing properties under the NSP1 includes, but is not limited to: • the property must be vacant • the purchase price must be at least one percent (1%) below the appraised market value • the census tract in which the property is located was identified as a priority area in the Substantial Amendment approved by HUD • the condition of the property • the size and amenities desirable to interested buyers Properties to be purchased through the NSP1 must be abandoned and foreclosed residential properties limited to one (1) unit. Duplex or multi‐family properties will not be considered under this activity. Properties with underground pools will not be considered eligible under this program. Properties located in planned communities can only be purchased if a Homeowner’s Association is existent, recognized and registered with the State of Florida and operating in accordance with its fiduciary responsibilities. Realtor Services The City will utilize the services of three (3) licensed, independent realtors, selected by way of a formal procurement process and approved by the City Council, to assist with the activity of purchasing foreclosed and abandoned properties. Each of these realtors will be assigned to one of three areas as identified by staff. Contracts will be executed between the City and the selected realtors to serve exclusively in the role of the City’s “buyer’s agent”. Appraisals An appraisal will be required for each property and must be completed within 60 days prior to the City’s offer. The Department can order up to two (2) appraisals per property if considered necessary. The City will not require an appraisal for any property being purchased for an amount less than $25,000. The City will utilize the appraisal to determine if the offered price is at least one percent (1%) below the appraised market value and determine if the property meets the NSP acquisition requirements. Upon receipt of the appraisal, if the offer amount is in accordance with the discount requirements Section 10 Page 182 of 383 Page 27 Approved 022010 Reso#20091461091 evV.709 as stipulated in the Federal Register, staff will prepare an NSP Acquisition Recommendation Memo and submit for approval from the Assistant City Manager/Department Director and the City Manager. The appraisers used for this program will be solicited and selected through a formal Request for Qualifications (RFQ) Process. The appraiser qualifications utilized to solicit bids were those provided by HUD for guidance with voluntary acquisitions. Purchase Process The City Manager has been authorized by City Council through Ordinance No. 2009‐03‐175 to execute purchase and sale agreements for properties related to the NSP1. Documents requiring execution beyond the initial offer will be reviewed by the City Attorney or his/her representative. This ordinance was later amended by Ordinance No. 2010‐02‐210 which extended the Sunset Provision. A survey will be ordered by staff and reviewed prior to closing. Title work will be ordered by the sellers and provided at a minimum of 10 5 days prior to the closing. The City Attorney will review and provide guidance; the City Manager will be tasked with making the business decisions pertaining to the acquisitions. Buyers closing costs will be limited to not exceed five percent (5%) of the purchase price. The City will recuperate these costs upon the sale of the property. Rehabilitation Standards For the NSP, the City will have inspections performed by several entities, including the City of Miami Gardens Building and Code Compliance Department, a Certified Lead Based Paint Risk Assessor, and the Community Development Housing Inspector. These inspections will determine the Scope of Work required in meeting the standards of the following: 1) HUD Section 8 Housing Quality Standards 2) State of Florida Building Code 3) Miami Gardens Building Code 4) Local Rehabilitation Standards 5) Environmental Requirements 6) Local Zoning Ordinances In addition to meeting these standards, the City will include improvements that improve the energy and water efficiency of each home. Such Improvements will include replacing older obsolete products and appliances with Energy Star qualified products or products that meet the Energy Star recommended efficiency levels. For water fixtures, WaterSense labeled products will be installed when available. If these are not available, the improvements will be required to meet the Maximum Flow and Consumption Table requirements as adopted by Miami‐Dade County and effective on January 1, 2009. The NSP1 rehabilitation process will simulate the Housing Rehabilitation Process in Section 5 with minor exceptions. The most significant exception being that the Rehabilitation Contract will be between the selected general contractor and the City. Another exception relates to the bids, as they will be made available through a formal process carried out by the Procurement Department who Page 183 of 383 Page 28 Approved 022010 Reso#20091461091 evV.709 utilizes a procurement service such as DemandStar, which will make these bidding opportunities available to all interested parties. The Procurement Department will be responsible for all the aspects of the posting, collecting and tallying the bids submitted. In addition, they will review the submittals for required licensing and insurances. Once all has been completed, they will provide their recommendation to the NSP Administrator for concurrence. This will be done in the form of a memorandum, copy kept on file along with the tally sheets demonstrating the bid results. Any exception must be approved by the City Manager and properly documented. Ordinance No. 2009‐17‐189 was passed to temporarily amend the City’s Purchasing Ordinance to allow the City Manager execute agreements with contractors for the NSP Program without returning to Council for each contract. This ordinance was later amended by Ordinance No. 2010‐02‐210 which extended the Sunset Provision. The Procurement Department will oversee the execution of the Contract and will issue the Notice to Proceed to the selected contractor. Copies of both documents will be provided to NSP staff for their records. NSP staff will maintain copies of the bid submittals for each property. Originals will be maintained by the Procurement Department. Homebuyer’s Pool In anticipation of the NSP, the Homebuyer’s Pool was developed to compile a list of potential buyers. Persons interested in purchasing a home in the City were asked to complete a survey which collected basic information such as household size, income level and mortgage experience. All interested persons are eligible to participate. Surveys will be accepted until such time that the Department considers that there is a sufficient number of participants in relation to the number of homes being acquired. The Department can begin to accept new participants should the existing list be exhausted or not include a sufficient number of approved buyers that meet the program criteria. Participants will receive periodic notifications, which could include homes becoming available for purchase. Some of these notifications will require a response from the participants. Failure to respond could result in not receiving any additional notifications and/or being removed from the list of participants. Participants will be responsible for updating contact information. Homes that are ready for re‐sale will be made available exclusively to Pool Participants unless: • the list of participants has been exhausted, • the remaining participants are not interested in the home, • the remaining participants do not meet the program criteria, • the remaining participants cannot obtain a mortgage from a lender, • or any other factor that may arise that requires to seek alternate buyers. Property Disposition Re‐Sale Homes will be made available for re‐sale once the rehabilitation is substantially completed. Participants will receive a notification of the availability and must return the notification to demonstrate their interest. Page 184 of 383 Page 29 Approved 022010 Reso#20091461091 evV.709 Buyers must meet the income requirements set by U.S. HUD for the NSP1 which limits the maximum allowable income at 120% of AMI adjusted per household size. (For an explanation of AMI, please see Section 2) The buyer must also be able to secure a first mortgage with a mortgage lender. The City will not contract with a buyer whose offer is contingent upon sale of another property. Buyers will be required to contribute, from their own funds, atleast one percent (1%) of the sales price. All interested participants must attend a mandatory informational workshop conducted by Department Staff. The workshop will provide information regarding the program, such as eligibility criteria, affordability limits, list of repairs, and the overall process and timeline. At the workshop, participants will be provided with application packets and instructions on how to complete the application and what documentation must be submitted with it. Staff will have one‐on‐one appointments with applicants to collect their application packets. The applications will be initially reviewed to determine program eligibility. If the applicant is determined eligible under the program criteria, the application packet will be forwarded to the approved lender selected by the applicant. The lender will be asked to pre‐approve the applicant subject to a property. The lender will either approve or deny the applicant. If approved, the lender will provide the highest mortgage amount the applicant can afford under the program guidelines. This amount will be used to make certain that the buyers purchase a home that will be affordable to them and not cause any future hardship. If an applicant is deemed ineligible, a denial letter will be issued explaining the reason for the denial. The file will be closed and the applicant will be removed from the Homebuyer’s Pool. SALES PRICE The sales price for each property is determined by the City and is the lower of: 1. the total amount expended on the property less any any maintenance costs, or 2. the appraised value obtained by the City upon rehabilitation completion. As per the Federal Register, the property cannot be sold for more than the total cost to acquire and rehabilitate the home, regardless of the appraised or market value. The costs of maintaining the property cannot be included when determining the sales price of the home. The lender could also impact the sales price if the bank ordered appraisal does not support the set sales price. Lenders will be required to submit the appraisal for review. File will be documented to support the sales price adjustment which will be recommended by the NSP Administrator and approved by the Director and City Manager. SELECTION PROCESS Once an applicant is pre‐approved by a lender, the Department will send them an award letter advising their program eligibility and the mortgage amount for which they qualified. As a preapproved buyer, they will be remain on the Pool list and will continue to receive notification of homes ready for purchase. The selection process takes into consideration several factors which could result in a preference of buyers. These preferences include First Time Homebuyers, Local Preference, Household Size and Buyer’s Affordability. Page 185 of 383 Page 30 Approved 022010 Reso#20091461091 evV.709 First Time Homebuyers Although we will not limit the purchase of the homes to First Time Homebuyers, we will give preference to those that have not owned a home in the last three years. Local Preference The local preference will include, in equal priority, the following categories: 1. Current Residents: A household in which one or more member lives in the City of Miami Gardens at the time of application. Documentation of residency must be provided by the applicant at time of application. Examples of acceptable proof of residency are Lease Agreements, Utility Bills, etc. 2. Employees of Local Businesses: Applicants employed at businesses located in the City of Miami Gardens. Examples of acceptable proof include a paystub or a W‐2 that identifies employer and employee. Local Preference will only apply is there are atleast three or more local qualified buyers. Instances when there are less than three local qualified buyers, non‐local buyers will not be excluded from participating in the lottery. Household Size Household size shall be appropriate for the unit. Appropriate household size shall be defined as not less than one person per bedroom in a unit, and not more than two persons per bedroom. Buyer’s Affordability To determine a buyer’s affordability to purchase a specific home, the Department sets the sales price and adds an estimated seven percent (7%) of closing costs. This is the total amount needed by a buyer to purchase the property. From this amount, we deduct the maximum amount of assistance ($55,000) being provided by the City. This remaining balance represents the minimum mortgage amount required to purchase the home. Therefore, if an interested buyer is pre‐approved for an amount equal to or more than the minimum mortgage amount, they will be qualified to purchase the home. If the buyer is approved for a lesser amount, they will not qualify to purchase the home. If more than one buyer is interested in one home, the Department will apply the preferences preferences to select the buyer. First time home buyer will be given preference over a buyer that has owned or currently owns a home. If there are three (3) or more qualified buyers qualify for the local preference, non‐local buyers will be disqualified for that home. If there are less than three buyers that qualify for the local preference, then all eligible buyers will be considered to purchase the home. At any time that there are more than two (2) qualified buyers interested in purchasing the same home, the Department will determine if the household size preference is applicable. If not, a Lottery Drawing must be held to determine the buyer. Page 186 of 383 Page 31 Approved 022010 Reso#20091461091 evV.709 All qualified buyers will be notified of their participation in the Lottery Drawing. They will not need be present to participate. The lottery drawing will be held at the City and attended by the potential buyers, Department Staff and the City Clerk or a representative of the Clerk’s Office. For the lottery drawing, all the buyer’s names will be printed on index cards. Each card will be shown to all before being included in the drawing. All persons in attendance will be asked to sign in. The City Clerk or his/her representative will be the person to select the lottery winner and two alternates. If the lottery winner decides to not proceed with the purchase of the home, the Department will give the first alternate the option to purchase the home. If the first alternate does not purchase the home, the second alternate will be given the option. If none of the three buyers purchase the home, the property can either 1) be offered to other qualified buyers; 2) reduced in price for other buyers that did not qualify at the higher price; 3) beplaced on the market for sale by the City contracted realtor; or 4) be considered for conveyance to a non‐profit agency or organization to be used for an eligible activity. The lottery winner will be required to execute a Purchase and Sale Agreement within five business days from the lottery drawing. Failure to do so will be considered a forfeit and result in disqualification. The buyer must deposit an amount equal to one percent (1%) of the purchase price with the execution of the Agreement and will have 60 days to obtain financing and close on the property. The deposit will be held by the selected title company and will beapplied as a portion of or the total down payment. If for any reason, the purchase price is reduced before closing, the deposit will not be adjusted. Selected applicants who are unable to proceed within these time frames will forfeit their right to purchase the property. The City will cancel the contract and proceed to offer the property to the first alternate. If the first alternate does not qualify, the second alternate will be provided the opportunity and this process will continue until a buyer is secured. The City will return all deposits in their entirety. Subsidy The City will provide eligible buyers with an amount of up to $55,000.00 to be used towards various forms of assistance such as purchase price buy‐down, interest rate buy‐down, down payment, payment of closing costs, pre‐paid costs, and mortgage insurance, homeowners insurance, etc. The amount and type of actual assistance provided to an eligible buyer will be based determined by staff on a case by case manner with the intent of maintaining affordable housing. Affordable, for this program is defined as the total housing debt to income ratio not exceeding thirty five percent (35%) of the applicants confirmed gross monthly income and not exceeding forty‐five percent (45%) of the total overall monthly debt to income ratio.s, . The City will consider exceptions to the total housing debt to income ratio but will not consider any exceptions to the overall debt to income ratio. Approval of exceptions will rest with the City Manager and will be fully documented. If the housing debt to income ratio is less than twenty‐five percent (25%), this will be Page 187 of 383 Page 32 Approved 022010 Reso#20091461091 evV.709 considered over subsidizing and will require an adjustment to the amount of assistance being provided. The assistance cannot be used towards payment of any existing debts or to satisfy any collection items. Buyers are not permitted to receive any funds at closing. The City intends to also leverage this assistance with other available funding sources. The NSP assistance is provided with a recapture provision. This provision will be clearly disclosed on the Promissory Note to be executed by the applicant and secured with a subordinate mortgage lien. In addition to a Mortgage being recorded on the property, an Affordability Mortgage Rider is also recorded by the City to disclose the recapture terms associated with the assistance. A disclosure containing this information is also provided at the time of application. In the case of sale or transfer of the unit, the City will share in the net appreciation/gain realized by the borrower or heir according to the following schedule: i. 0 – 5 years – 100% of both the City’s loan balance and the pro‐rata share of the net appreciation (gain) is due to the City. ii. 6 – 10 years – 100% of the loan balance and 50% of the pro‐rata share of the net appreciation (gain) is due to the City. iii. 11 – 15 years – 100% of the loan balance is due to the City. The City will not share in the appreciation after the 10th year. In the case of the death of the homeowner, the heirs can assume the indebtedness, provided they have been certified as income eligible by the City, and that they reside in the house as their primary residence. Otherwise, the total principal and all accrued interest will be due immediately. The above gain sharing proposal will terminate in the case of foreclosure; however, the City will require lenders to provide us a right of first refusal to purchase the loan at a negotiated price. Page 188 of 383 Page 33 Approved 022010 Reso#20091461091 evV.709 Subordination Policy Subordination of a Housing Rehabilitation or Homeownership Assistance Loan (Program Loan) for the purpose of refinancing an existing debt that is in a superior lien position to the Program Loan may be allowed provided that all of the following conditions are met: i. The proposed refinancing shall not result in an increase in debt in a superior position to the Program Loan; this includes any cash back to the Debtor. ii. The proposed refinancing shall not “wrap in” any other debt such as credit card balances. iii. The proposed refinancing terms are at market prevailing rates and fees, lowest available for the borrower’s risk category. Rate and/or monthly payment must be significantly enough lower than the existing rate and/or monthly payment amount to compensate for closing costs and fees. iv. The debtor is occupying the property as their primary residence. Subordination of the Program Loan will NOT be approved for any purpose other than to to refinance debt that was secured by the subject property prior to or of the same date of the Program Loan. The City of Miami Gardens will only allow one subordination approval during the course of the Program Loan. The City of Miami Gardens reserves the right to deny any subordination request it deems not in it’s or the homeowner’s best interest. The authority to approve subordination requests or exceptions to the City’s Loan Subordination Policy will rest with the City Manager or his/her designee. Section 11 Page 189 of 383 Page 34 Approved 022010 Reso#20091461091 evV.709 Section Definitions Abandoned Property: a property where mortgage or tax foreclosure proceedings have been initiated, no mortgage or tax payment has been made by the property owner for at least 90 days, and the property has been vacant for at least 90 days. Bid Analysis: a cost basis analysis per line item of all the bids submitted for a specific project and commonly used by Contractors to determine the accuracy of their costing methods. Blighted Structure: a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety or public welfare. For NSP1 purposes, a blighted structure echoes the criteria for slum and blight found in Florida Statutes Chapter 163.340. CDBG: Community Development Block Grant, funding provided from the U.S. Department of Housing and Urban Development. Decent, Safe and Sanitary Housing: a dwelling unit or building meeting Federal Occupancy Standards as defined in 24 CFR 882.109 and CFR 882.405. Default: the failure to make required payments on a financial loan secured by a mortgage debt. Deferred Payment Loan: funds provided to a borrower under terms that calls for repayment to be delayed for a certain length of time, until certain circumstances change, or a certain threshold is met. Directive: a formal notification used by the Department to advise participating contractors of any changes or updates the program policies and/or procedures. Director: City of Miami Gardens Department of Community Development Director or his/her designee. Dwelling Unit: An independent living unit containing, at a minimum, a bathroom, kitchen or kitchenette and a living area/bedroom. Emergency Condition: A condition that represents an eminent physical danger to anyone in the household. Examples of an Emergency Condition may include, but is not limited to, a roof collapse or faulty electrical wiring providing a risk of fire. Foreclosed Property: A property has been foreclosed upon at the point that, under state or local law, the mortgage or tax foreclosure has been complete. HUD generally will not consider a foreclosure to be complete until after the title for the property has been transferred from the former owner under some type of proceeding or transfer in lieu of foreclosure, in accordance with state or local law. Foreclosure: the legal action by a mortgage holder to require repayment of a Loan through the sale of the subject property. Section 12 Page 190 of 383 Page 35 Approved 022010 Reso#20091461091 evV.709 Forgivable Loan: A loan with no repayment obligation, provided program terms and requirements are met for the period of time specified. Grant: An amount of assistance provided by the City requiring no repayment. Hazardous Condition: A code violation that is an immediate, serious threat to the health and/or safety of the occupant(s) of a dwelling unit. Household: Immediate members of a family living together who may be expected to contribute to the income of the household for a substantial period of the term of the loan. Household may also include unmarried adults living in the same unit as the applicant if they are expected to contribute to the income of the household for a substantial period of the term of the loan. Income: The gross amounts received from all sources by every person residing in the dwelling including wages, pension, social security, interest, rent, dividends etc. Income Limits: The maximum amounts that can be earned to qualify for a specific specific assistance category, based on family size (those actually living in the dwelling unit). Derived from a percentage of the median income for Miami as determined by the Department of Housing and Urban Development (See Appendix for current limits). Investor‐Owned: The title holder of a residential property who does not live at the property but owns it for investment purposes. Loan: An advance of funds which must be repaid or may be forgiven, and is secured by a mortgage on the property. Neighborhood Stabilization Program 1: Program created as a result of the Housing and Economic Recovery Act of 2008 (HERA) providing funding to units of local governments for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties, and provides under a rule of construction that, unless HERA states otherwise, the funds are to be considered Community Development Block Grant (CDBG) funds. Owner‐occupant: The title holder of a residential property which occupies the property as their primary residence and is eligible to file for homestead exemptions. Pro‐Rata Share: Proportionately according the amount of funds invested by the City on a certain project. Rehabilitation: Repairs or improvements which are needed for safe and sanitary habitation, correction of code violations or building violations. Replacement Home: The demolition and rebuilding of a home identified as requiring repairs costing more than 50% of the estimated market value. SHIP: State Housing Initiative Partnership, funding provided by the Florida Housing Finance Corporation Single Family Dwelling: A property with one to four units, including town homes, twin homes and condominiums. Page 191 of 383 Page 36 Approved 022010 Reso#20091461091 evV.709 Subordination: when an existing second mortgage retains its junior position, allowing a new mortgage to be in first mortgage and is usually a result of a refinance. If it were not for the subordination, the second mortgage would automatically take first lien position. Vacant: a property that is without occupant, with no occupant or contents. Page 192 of 383 Page 37 Approved 022010 Reso#20091461091 evV.709 ENERGY EFFICIENCY RETROFIT PROGRAM The City of Miami Gardens was awarded Community Development Block Grant – Recovery funds from the U.S. Department of Housing and Urban Development. The City was also awarded Energy Efficiency and Conservation Block Grant funds from the Department of Energy. One of the activities to be carried out with these funds is the implementation of the Energy Efficiency Retrofit Program. This program will be carried out in three different phases which are 1) the installation of insulation at an R‐30 Level, 2) the replacement of older, inefficient Central Air Conditioning Systems with a new Energy Star Qualified Systems and 3) the exchange of outdated water heaters to new efficient units. Program continuation will be subject to funding availability. This program will generally be carried out under the same guidelines as the Housing Rehabilitation Program with some exceptions. These exceptions are as follows: Assistance will be provided to applicants regardless of income level as the EECBG funds do not limit assistance to a particular income category. The assistance will be provided as a grant, requiring no repayment and no recapture agreement. The assistance will be provided to homeowner’s with Reverse Mortgages. The procurement of the vendors will be limited to the specific trades versus utilizing General Contractors. The cost of the replacement units will be set by Staff at reasonable competitive pricing. The vendors will be awarded projects on a rotation basis. Vendors will be required to report to Staff the creation of any new jobs being created as a result of them being awarded under this program. All other terms and conditions of the Housing Program Policies apply. Section 13 Page 193 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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 N/A 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, ADOPTING A SECTION 3 ACTION PLAN, AS OUTLINED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The US Department of Housing and Urban Development (HUD) requires that each of its Community Development Block Grant (CDBG) Entitlement Cities adopt a Section 3 Plan that outlines the policies the City will follow in order to ensure that economic opportunities are afforded to the City’s low‐and very low‐income residents. The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extend feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low‐and very low‐income individuals, especially recipients of government assistance for housing, and to business concerns which provide economic opportunities to low‐and very low‐income individuals. ITEM J-3) CONSENT AGENDA RESOLUTION Adopting Section 3 Action Plan Page 194 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Section 3 only applies to programs funded by HUD and includes the Community Development Block Grant (CDBG) Program, Economic Development Initiative (EDI) Program, and Neighborhood Stabilization Program, as well as programs funded by the American Recovery and Reinvestment Act of 2009, including CDBG‐Recovery. Section 3 is triggered by construction projects such as housing rehabilitation, construction, or demolition, and public construction, whose contract value is greater than $100,000. Current Situation The City’s Section 3 Plan outlines the City’s goals for employment and training of low‐and very lowincome residents of the City and contracting with businesses that are certified as Section 3 Business Concerns. The Plan also outlines policies and procedures to assist City Staff with implementing these goals. The City’s goals are: Employment • 10% of new hires annually for housing assistance programs shall be Section 3 residents • 30% of new hires annually for community development assistance programs shall be Section 3 residents Contracting • At least 10% of total dollar value of all Section 3 covered construction contracts shall be awarded to Section 3 businesses • At least 3% of total dollar value of all Section 3 covered non‐construction contracts shall be awarded to Section 3 businesses A resolution is needed to adopt the City of Miami Gardens Section 3 Plan. Proposed Action: City Staff recommends that City Council adopt the proposed Section 3 Plan effective October 1, 2010. Attachment: • Section 3 Plan Page 195 of 383 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, ADOPTING A SECTION 3 ACTION PLAN, AS OUTLINED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the U. S. Department of Housing and Urban Development (“HUD”) requires each of its Community Development Block Grant (“CDBG”) Entitlement Cities to adopt a Section 3 Action Plan, which outlines the policies the City will follow in order to ensure that economic opportunities are afforded to the City’s low and very lowincome residents, and WHEREAS, the purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance are directed to low and very low-income individuals, and WHEREAS, Section 3 is triggered by construction projects such as housing rehabilitation, construction, or demolition, and public construction, where the contract value is greater than One Hundred Thousand Dollars ($100,000.00), and WHEREAS, the City’s Section 3 Plan outlines the City’s goals for employment and training of low and very low-income residents of the City and contracting with businesses that are certified as Section 3 Business Concerns, and WHEREAS, the City’s Plan also outlines policies and procedures to assist City Staff with implementing the City’s goals, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 196 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby adopts a Section 3 Action Plan, effective October 1, 2010, attached hereto as Exhibit “A.” Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________ _______________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ 2 Page 197 of 383 3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Oliver Gilbert, III (Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 12 13 Page 198 of 383 OFFICE OF ECONOMIC OPPORTUNITY FAIR HOUSING EQUAL OPPORTUNITY SECTION 3 PLAN CITY OF MIAMI GARDENS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Page 199 of 383 City of Miami Gardens Section 3 Plan Page 2 Table of Contents Page General Policy Statement ……………………………………………………………………………................................. 3 Section 3 Contracting Policy & Procedure …………………………………………………………........................... 3 Section 3 Plan ………………………………………………………………………………................................................. 4 Section 3 Employment and Training Goals .……………………………………………………............................... 4 Section 3 Program Participant Certification Procedure .......……………………………………...................... 4 Resident Hiring Requirements …………………………………………………………………….................................. 4 Assisting Contractors To Achieve Section 3 Goals ……………………………………………….......................... 5 Preference for Contracting with Section 3 Business Concerns ………………………………….................... 5 Evidence of Section 3 Certification ……………………………………………………………………........................... 6 Efforts to Award Contract Opportunities …………………………………………………………............................. 6 Section 3 Opportunities Plan …………………………………………………........................................................ 6 Contractor’s Requirements in Employing Section 3 Participants ………………………………….................. 7 Procurement Preference .............................................................................. .................................... 7 Section 3 Reporting .......................................................................................................................... 8 Internal Complaint Procedure ………………………………………………………………………................................ 8 Section 3 Income Limits .................................................................................. ................................. 10 Definitions ……………………………………………………………………………………………........................................ 10 Exhibits/Forms Exhibit A: Section 3 Clause ............................ ................................................................................... 13 Exhibit B: Resident Employment Opportunity Data Eligibility For Preference ................................. 14 Exhibit C: Certification For Business Concerns Seeking Section 3 Preference ................................. 16 Exhibit D: Sample Section 3 Opportunities Plan .................................... .......................................... 17 Exhibit E: Section 3 Certification ...................................................................................................... 20 Exhibit F: New Hires Section 3 Monthly Compliance Reporting Form ............................................. 21 Page 200 of 383 City of Miami Gardens Section 3 Plan Page 3 General Policy Statement It is the mission of the City of Miami Gardens to provide a variety of safe, sanitary, accessible, decent, and affordable housing units to the citizens of the City of Miami Gardens while enhancing and promoting resident self sufficiency. The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extend feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low‐and very low‐income individuals, especially recipients of government assistance for housing, and to business concerns which provide economic opportunities to low‐and very low‐income individuals. (Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u). It is the policy of the City of Miami Gardens to require its contractors to provide equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, national origin, disability, veteran’s or marital status, or economic status and to take affirmative action to ensure that both job applicants and existing employees are given fair and equal treatment. The City of Miami Gardens implements this policy through the awarding of contracts to contractors, vendors, and suppliers, to create employment and business opportunities for residents of the City of Miami Gardens and other qualified low‐and very low‐income persons residing in the City. The policy shall result in a reasonable level of success in the recruitment, employment, and utilization of low‐and moderate‐income residents and other eligible persons and business by contractors working on contracts partially or wholly funded with the United States Department of Housing and Urban Development (HUD) monies. The City shall examine and consider a contractor’s or vendor’s potential for success of providing employment and business opportunities to low‐and moderate‐income residents prior to acting on any proposed contract award. Please direct any questions you may have regarding this information to: Mr. Daniel Rosemond, Assistant City Manager, Community Development Director 1515 NW 167 Street, Bldg. 5, Ste. 200 Miami Gardens, FL 33169 Section 3 Contracting Policy and Procedure The City of Miami Gardens will incorporate Section 3 in all procurements generated for use with HUD funding and follow goal requirements set forth in 24 CFR Part 135 for awarding contracts to Section 3 Business Concerns. All contractors/businesses seeking Section 3 preference must, before submitting bids/proposals to the City, be required to complete certifications acknowledging the Section 3 contracting and employment provisions required by this Plan. Such certifications shall be adequately supported with appropriate documentation as referenced in the Certification for Business Concerns Seeking Section 3 Preference in Contracting and Demonstration of Capability Form (Exhibit C). Page 201 of 383 City of Miami Gardens Section 3 Plan Page 4 Any bidder/proposer’s failure to agree to a Section 3 Opportunities Plan may render the bid nonresponsive and may cause the contractor to be disqualified from further consideration for the contract. Section 3 Plan The City of Miami Gardens, in conjunction with its Department of Community Development, has developed this Section 3 Plan to identify the applicability of provisions of 24 CFR Part 135 objectives, and actions that will be implemented to ensure compliance with the requirements of Section 3. Since the Plan only covers the City’s Department of Community Development, it is limited to programs funded in whole or in part by HUD funds; including but not limited to CDBG, HOME, HOPWA, ESG, NSP and programs funded by the American Recovery and Reinvestment Act of 2009 (ARRA); housing construction, housing rehabilitation, and public improvements construction projects. Section 3 Employment & Training Goals It is the policy of the City of Miami Gardens to utilize and to require covered contractors and subcontractors to utilize Section 3 residents and other Section 3 eligible persons and businesses in contracts partially or wholly funded with monies from HUD. The City has established employment and training goals that contractors and subcontractors should meet in order to comply with Section 3 requirements. In accordance with 24 CFR Part 135.30, the numerical goals are: • For Section 3 covered community development assistance, thirty percent (30%) of the aggregate number of new hires in any fiscal year will be Section 3 residents. • For Section 3 covered housing assistance, ten percent (10%) of the aggregate number of new hires for each year over the duration of the Section 3 project will be Section 3 residents. It is the responsibility of contractors, vendors and suppliers to implement progressive efforts to attain Section 3 compliance. Any contractor that does not meet the Section 3 numerical goals must demonstrate why meeting the goals were not feasible. All contractors submitting bids or proposals to the City of Miami Gardens are required to certify that they comply with the requirements of Section 3 (See Exhibit E – Section 3 Certification). The Section 3 Contract Clause specifies the requirements for contractors hired for Section 3 covered projects. The Section 3 Clause must be included in all Section 3 covered contracts and is included in this plan as Exhibit A. Section 3 Program Participant Certification Procedure The City of Miami Gardens will certify Section 3 program participants who (1) reside in the City of Miami Gardens, and (2) who complete the Resident Employment Opportunity Data Eligibility for Preference Form (Exhibit B) and provide adequate proof of Section 3 eligibility, as required. Resident Hiring Requirements The City of Miami Gardens has adopted a 30% goal for resident hiring that is to be used on all construction contracts, service contracts and professional service contracts that contain a labor component. (Reference 24 CFR Part 135.30, numerical goal for meeting the greatest extent feasible requirement). It is expected that an appropriate number of residents with particular qualifications or a Page 202 of 383 City of Miami Gardens Section 3 Plan Page 5 willingness to begin unskilled labor will be able to participate in City of Miami Gardens contracted labor efforts. A prime contractor may satisfy the City’s resident hiring requirements through its subcontractors. It is not intended for contractors and subcontractors to terminate existing employees, but to make every effort feasible to employ Section 3 program participants before any other person, when hiring additional employees needed to complete proposed work to be performed with HUD funds. Assisting Contractors to Achieve Section 3 Hiring and Contracting Goals The City of Miami Gardens will assist contractors with little or no experience in achieving Section 3 hiring and contracting goals by: Requiring the contractor to present a list, to the Department of Community Development, of the number of subcontracting and/or employment opportunities expected to be generated from the initial contract. The Department of Community Development will: • provide the contractor with a list of interested and qualified Section 3 residents (when available) for construction projects. • provide contractor with a list of Section 3 business concerns (when available) interested and qualified for construction projects. • inform contractor of known issues that might affect Section 3 residents from performing job related duties. • review the new hire clause with contractors and subcontractors to ensure that the requirement is understood. Preference for Contracting with Section 3 Business Concerns The City of Miami Gardens has adopted a goal of at least ten percent (10) of the total dollar amount of Section 3 covered contracts to be awarded to Section 3 Business Concerns, and at least three percent (3%) of the total dollar amount of non‐construction contracts shall be awarded to Section 3 Business Concerns. (Reference 24 CFR Part 135.30, numerical goals for meeting the greatest extent feasible requirement). The City, in compliance with Section 3 regulations, will require contractors and subcontractors (including professional service contractors) to direct their efforts towards contracts to Section 3 business concerns in the following order to priority: • Category 1: Business concern that is a certified Section 3 business, and is 51% or more owned by a resident of the project boundary area or neighborhood where the work is performed. • Category 2: Business concern that is a certified Section 3 business, and is 51% or more owned by a resident of the City of Miami Gardens. • Category 3: Business concern whose permanent workforce includes not less than 30% of Section 3 residents. Page 203 of 383 City of Miami Gardens Section 3 Plan Page 6 • Category 4: HUD Youthbuild programs being carried out in the City of Miami Gardens in which Section 3 covered assistance is expended. Contractors and subcontractors are expected to extend to the greatest extent feasible, efforts to achieve the numerical goals established by the City of Miami Gardens. Contractors and subcontractors that can clearly demonstrate how they will meet the requirements in this section will be given a contracting preference when selecting a contractor. Evidence of Section 3 Certification Any business seeking Section 3 preference in the awarding of contracts or purchase agreements with the City of Miami Gardens shall complete the certification form (Exhibit C – Certification for Business Concern Seeking Section 3 Preference), which can be obtained from the City’s Department of Community Development. The business seeking Section 3 preference must be able to provide adequate documentation as evidence of eligibility for Section 3 preference. preference. Certifications for Section 3 preference for business concerns must be obtained from the City prior to the submission of bids for approval. If the Department of Community Development previously approved the business concern to be Section 3 certified within the last three years, then the certification must still be submitted along with the bid. A Section 3 business concern that is certified as such by another governmental entity (including other cities, counties or public housing agencies) is also considered to be a Section 3 business concern by the City of Miami Gardens. Efforts to Award Contract Opportunities to Section 3 Business Concerns The City of Miami Gardens will use the following methods to notify and contract with Section 3 business concerns when contracting opportunities exist. • Advertise contracting opportunities via newspaper, mailings, posting notices that provide general information about the work to be contracted and where to obtain additional information. • Provide written notice of contracting opportunities to all known Section 3 business concerns. The written notice will be provided in sufficient time to enable business concerns the opportunity to respond to the bid invitation. • Coordinate pre‐bid meetings at which the Section 3 business concerns would be informed of upcoming contracting opportunities in advance. • Conduct workshops on contracting procedures to include bonding, insurance, and other pertinent requirements, in a timely manner in an effort to allow Section 3 business concerns the opportunity to take advantage of any upcoming contracting opportunities. Section 3 Opportunities Plan Each applicant, recipient, contractor, and/or subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement a Section 3 Opportunities Plan. The following must be submitted with the bid/proposal: a) Section 3 Opportunity Plan (Sample Plan is included as Exhibit D) Page 204 of 383 City of Miami Gardens Section 3 Plan Page 7 b) Section 3 Certification (Exhibit E) Failure to submit either of these two (2) items as part of the bidders/proposers Section 3 Opportunities Plan will deem such bid/proposal as non‐responsive. Contractor’s Requirements in Employing Section 3 participants: Under the City of Miami Gardens Section 3 Plan, contractors and subcontractors are required to: • Provide employment opportunities to Section 3 residents/participants in the priority order listed below: a) Category 1 – Section 3 Resident Residents of public housing developments managed by the Miami‐Dade County Public Housing Agency within the City of Miami Gardens. b) Category 2 – Section 3 Resident Participants in HUD Youthbuild programs being carried out in the City of Miami Gardens. For more information, contact YWCA of Greater Miami, Inc. at 305‐377‐9922. c) Category 3 – Section 3 Resident Recipients of federal government housing assistance programs, such as Section 8, Section 202, etc, as well as all other City of Miami Gardens residents residing in the project boundary area or neighborhood of the project who meet the income guidelines for Section 3 preference (refer to Section 3 Income Limits). d) Category 4 – Section 3 Resident Recipients of federal government housing assistance programs, such as Section 8, Section 202, etc, as well as all other residents residing in the City of Miami Gardens who meet the income guidelines for Section 3 preference (refer to Section 3 Income Limits). • After the award of contracts, the contractor must, prior to beginning work, inform the Community Development Department of the following: o their interests regarding employment of Section 3 participants prior to hiring. o any problems experienced due to the employment of Section 3 participants. Procurement Preference The City of Miami Gardens will use the following procurement procedures in order to provide a preference to recipients or contractors that respond to City of Miami Gardens solicitations, as authorized in 24 CFR 85.36(d). 1) Small Purchase Procedures. For Section 3 covered contracts aggregating no more than $25,000, the methods set forth in this paragraph or the more formal procedures set forth in paragraphs (2) and (3) of this section will be utilized. i) Solicitation. A) Quotations may be solicited by telephone, letter or other informal procedure provided that the manner of solicitation provides for participation by a reasonable number of competitive sources. At the time of solicitation, the parties must be informed of: ‐‐the Section 3 covered contract to be awarded with sufficient specificity; Page 205 of 383 City of Miami Gardens Section 3 Plan Page 8 ‐‐the time within which quotations must be submitted; and ‐‐the information that must be submitted with each quotation. B) If the method described in paragraph (i)(A) is utilized, there must be an attempt to obtain quotations from a minimum of three qualified sources in order to promote competition. Fewer than three quotations are acceptable when the contracting party has attempted, but has been unable, to obtain a sufficient number of competitive quotations. In unusual circumstances, the contracting party may accept the sole quotation received in response to a solicitation provided the price is reasonable. In all cases, the contracting party shall document the circumstances when it has been unable to obtain at least three quotations. ii) Award. A) Where the Section 3 covered contract is to be awarded based upon the lowest price, the contract shall be awarded to the qualified Section 3 business concern with the lowest responsive quotation, if it is reasonable and no more than 10% higher than the quotation of the lowest responsive quotation from any qualified source. If no responsive quotation by a qualified Section 3 business concern is within 10% of the lowest responsive quotation from any qualified source, the award shall be made to the source with the lowest quotation. B) Where the Section 3 covered contract is to be awarded based on factors other than price, a request for quotations shall be issued by developing the particulars of the solicitation, including a rating system for the assignment of points to evaluate the merits of each quotation. The solicitation shall identify all factors to be considered, including price or cost. The rating system shall provide for a range of 15 to 25% of the total number of available rating points to be set aside for the provision of preference for Section 3 business concerns. The purchase order shall be awarded to the responsible firm whose quotation is the most advantageous, considering price and all other factors specified in the rating system. 2) Procurement by sealed bids (Invitations To Bids). Preference in the award of Section 3 covered contracts that are awarded under a sealed bid (ITB) process may be provided as follows: i) Bids shall be solicited from all businesses (Section 3 business concerns, and non‐Section 3 business concerns). An award shall be made to the qualified Section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid‐‐A) is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are being taken, and B) is not more than ``X'' higher than the total bid price of the lowest responsive bid from any responsible bidder. ``X'' is determined as follows: TOTAL DOLLARS X FACTOR = LESSER OF: When the lowest responsive bid is less than $100,000 10% of that bid or $9,000 When the lowest responsive bid is: At least $100,000, but less than $200,000 9% of that bid, or $16,000 At least $200,000, but less than $300,000 8% of that bid, or $21,000 At least $300,000, but less than $400,000 7% of that bid, or $24,000 At least $400,000, but less than $500,000 6% of that bid, or $25,000 At least $500,000, but less than $1 million 5% of that bid, or $40,000 At least $1 million, but less than $2 million 4% of that bid, or $60,000 At least $2 million, but less than $4 million 3% of that bid, or $80,000 Page 206 of 383 City of Miami Gardens Section 3 Plan Page 9 At least $4 million, but less than $7 million 2% of that bid, or $105,000 $7 million or more 1 ½% of the lowest responsive bid, with no dollar limit. ii) If no responsive bid by a Section 3 business concern meets the requirements of paragraph (2)(i) of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid. 3) Procurement under the competitive proposals method of procurement (Request for Proposals (RFP)). i) For contracts and subcontracts awarded under the competitive proposals method of procurement (24 CFR 85.36(d)(3)), a Request for Proposals (RFP) shall identify all evaluation factors (and their relative importance) to be used to rate proposals. (ii) One of the evaluation factors shall address both the preference for Section 3 business concerns and the acceptability of the strategy for meeting the greatest extent feasible requirement (Section 3 Opportunities Plan), as disclosed in proposals submitted by all business concerns (Section 3 and non‐Section 3 business concerns). This factor shall provide for a range of 15 to 25% of the total number of available points to be set aside for the evaluation of these two components. (iii) The component of this evaluation factor designed to address the preference for Section 3 business concerns must establish a preference for these business concerns in the order of priority ranking as described in 24 CFR 135.36. (iv) With respect to the second component (the acceptability of the Section 3 Opportunities Plan), the RFP shall require the disclosure of the contractor's Section 3 Opportunities Plan to comply with the Section 3 training and employment preference, or contracting preference, or both, if applicable. A determination of the contractor's responsibility will include the submission of an acceptable Section 3 Opportunities Plan. The contract award shall be made to the responsible firm (either Section 3 or non‐Section 3 business concern) whose proposal is determined most advantageous, considering price and all other factors specified in the RFP. Section 3 Reporting • Annual Reporting: The City of Miami Gardens will report to HUD annual accomplishments regarding employment and other economic opportunities provided to low‐and very low‐income persons under Section 3. Form HUD‐60002 is currently being utilized for reporting accomplishments. This form may be changed and updated from time to time as required by HUD and 24 CFR 135. • Monthly Reporting: General contractors and sub‐contractors are required to submit to the City a New Hires Section 3 Compliance Reporting Form (Exhibit F) on a monthly basis. Internal Section 3 Complaint Procedure In an effort to resolve complaints generated due to non‐compliance through an internal process, the City of Miami Gardens encourages submittal of such complaints to its Department of Community Development Director as follows: • Complaints of non‐compliance should be filed in writing and must contain the name of the complainant and brief description of the alleged violation of 24 CFR 135. Page 207 of 383 City of Miami Gardens Section 3 Plan Page 10 • Complaints must be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation. • An investigation will be conducted if complaint is found to be valid. The City will conduct an informal, but thorough investigation affording all interested parties, if any, an opportunity to submit testimony and/or evidence pertinent to the complaint. • The City will provide written documentation detailing the findings of the investigation, and the Community Development Director will review the findings for accuracy and completeness before it is released to complainants. The findings will be made available no later than thirty (30) days after the filing of complaint. If complainants wish to have their concerns considered outside of the City of Miami Gardens, a complaint may be filed with: Assistant Secretary for Fair Housing and Equal Opportunity United States Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC DC 20410 The complaint must be received not later than 180 days from the date of the action or omission upon which the complaint is based, unless the time for filing is extended by the Assistant Secretary for good cause shown. Section 3 Income Limits All residents of public housing developments of the Miami‐Dade Public Housing Agency qualify as Section 3 residents. Additionally, individuals residing in the City of Miami Gardens, who meet the income limits set forth below, can also qualify for Section 3 status. Number in Household Very Low Income Low Income 1 individual $14,800 $24,650 2 individuals $16,900 $28,150 3 individuals $19,000 $31,650 4 individuals $21,100 $35,150 5 individuals $22,800 $38,000 6 individuals $24,500 $40,800 7 individuals $26,200 $43,600 8 individuals $27,900 $46,400 *This chart is effective as of 5/14/2010. Definitions Applicant – Any entity which makes an application for Section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Assistant – the Assistant Secretary for Fair Housing and Equal Opportunity. Page 208 of 383 City of Miami Gardens Section 3 Plan Page 11 Business Concern– a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Contractor ‐any entity which contracts to perform work generated the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project. Employment Opportunities Generated by Section 3 Covered Assistance – all employment opportunities generated by the expenditure of Section 3 covered public assistance (i.e., operating assistance, development assistance and modernization assistance, (as described in Section 135.3 (a) (1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3 (a) (2)), including management and administrative jobs. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write‐ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. Housing Development – low‐income housing owned, developed, or operated by public housing agencies in accordance with HUD’s public housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild Programs – programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low‐and very low‐income families. Low‐income person – families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low‐income families. New Hires – full‐time employees hired for permanent, temporary or seasonal employment opportunities. Recipient – any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State unit of local government, PHA, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors. Section 3 – Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 Business Concern – a business concern, 1) That is 51 percent or more owned by Section 3 resident: or 2) Whose permanent, full‐time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontractors to be awarded to business concerns that meet the qualifications set forth in paragraphs 1 or 2 above. Page 209 of 383 City of Miami Gardens Section 3 Plan Page 12 Section 3 Covered Assistance – 1) public housing development assistance provided pursuant to Section 5 of the 1937 Act; 2) public housing operating assistance provided pursuant to Section 9 of the 1937 Act; 3) public housing modernization assistance provided pursuant to Section 14 of the 1937 Act; 4) assistance provided under any HUD housing or community development program that is expended for work arising in connection with housing rehabilitation, construction, or other public construction project (which includes other buildings or improvements, regardless of ownership). Section 3 Clause – the contract provisions set forth in Section 135.38. Section 3 Covered Contracts – a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. Section 3 covered contracts do not include contracts awarded under HUD’s procurement program, which are governed by the Federal Acquisition Regulation (FAR). Section 3 covered contracts also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract. Section 3 Covered Project ‐the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead‐based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance. Section 3 Resident – a public housing resident or an individual who resides in the metropolitan area or non‐metropolitan county in which the Section 3 covered assistance is expended and who is considered to be a low‐to very low‐income person. Subcontractor – any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor’s obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. Very low‐income person – families (including single persons) whose income do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. Page 210 of 383 City of Miami Gardens Section 3 Plan Page 13 EXHIBIT A – Section 3 Clause All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD‐assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to lowand very low‐income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135. F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self‐Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indianowned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Page 211 of 383 City of Miami Gardens Section 3 Plan Page 14 EXHIBIT B THE CITY OF MIAMI GARDENS RESIDENT EMPLOYMENT OPPORTUNITY DATA ELIGIBILITY FOR PREFERENCE Eligibility for Preference A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program, as well as document verifying income.) Residents of public housing and low‐and very low‐income persons who receive public assistance, live in the area in which a HUD‐assisted project or other federally‐assisted housing program is located are eligible for employment under Section 3. Certification for Resident Seeking Section 3 Preference in Training and Employment I, _____________________________________, am a legal resident of the ________________________ (name of resident) (name of public housing ______________________ ________________________ and meet the income eligibility guidelines for a Development or City) low‐or very‐low‐income person as published on the reverse. My permanent address is: ____________________ _____________________________________ _________________________________________________________ I have attached the following documentation as evidence of my status: 􀂆 Copy of lease 􀂆 Copy of receipt of public assistance 􀂆 Copy of Evidence of participation 􀂆 Other evidence in a public assistance program (list) ______________________________________ ___________________________ ___________ _________________________ ____ ____________________________ _______________ Signature Print Name Date Page 212 of 383 City of Miami Gardens Section 3 Plan Page 15 EXHIBIT B (con’t.) THE CITY OF MIAMI GARDENS RESIDENT EMPLOYMENT OPPORTUNITY DATA ELIGIBILITY FOR PREFERENCE SECTION 3 INCOME LIMITS All residents of public housing developments of the Miami‐Dade Public Housing Agency qualify as Section 3 residents. Additionally, individuals residing in the City of Miami Gardens, who meet the income limits set forth below, can also qualify for Section 3 status. A picture identification card and proof of current residency is required. Eligibility Guideline Number in Household Very Low Income Low Income 1 individual $14,800 $24,650 2 individuals $16,900 $28,150 3 individuals $19,000 $31,650 4 individuals $21,100 $35,150 5 individuals $22,800 $38,000 6 individuals $24,500 $40,800 7 individuals $26,200 $43,600 8 individuals $27,900 $46,400 *This chart is effective as of 5/14/2010. Page 213 of 383 City of Miami Gardens Section 3 Plan Page 16 EXHIBIT C ‐CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY Name of Business: _______________________________________________________________ Address of Business: _____________________________________________________________ Type of Business: 􀂆 Corporation 􀂆 Partnership 􀂆 Sole Proprietorship 􀂆 Joint Venture Attached is the following documentation as evidence of status: For Business claiming status as a Section 3 resident‐owned enterprise: 􀂆 Copy of resident lease 􀂆 Copy of receipt of public assistance 􀂆 Copy of evidence of participation 􀂆 Other evidence in a public assistance program For business entity as applicable: 􀂆 Copy of Articles of Incorporation 􀂆 Certificate of Good Standing 􀂆 Assumed Business Name Certificate 􀂆 Partnership Agreement 􀂆 List of owners/stockholders and 􀂆 Corporation Annual Report % ownership of each 􀂆 Latest Board minutes appointing officers 􀂆 Organization chart chart with names and titles 􀂆 Additional documentation and brief function statement For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business: 􀂆 List of subcontracted Section 3 business(es) and subcontract amount For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business: 􀂆 List of all current full‐time employees 􀂆 List of employees claiming Section 3 status 􀂆 PHA/IHA Residential lease less than 3 􀂆 Other evidence of Section 3 status less than 3 years from day of employment years from date of employment Evidence of ability to perform successfully under the terms and conditions of the proposed contract: 􀂆 Current financial statement 􀂆 Statement of ability to comply with public policy 􀂆 List of owned equipment 􀂆 List of all contracts for the past two years (Corporate Seal) ___________________________________________ _______________________________________ Authorizing Signature Print Name & Title Attested by:_________________________________ ___/___/______ Date Page 214 of 383 City of Miami Gardens Section 3 Plan Page 17 EXHIBIT D – SAMPLE SECTION 3 OPPORTUNITIES PLAN The Section 3 Opportunities Plan must describe the proposed strategies for achieving the Section 3 training and employment numerical goals, and subcontracting numerical goals (where subcontracting is allowable in the bid/proposal). These questions have been developed to assist you in developing your Section 3 Opportunities Plan. 1) Identify individual(s) responsible for planning, implementing and tracking the projects’ Section 3 training and employment goals. Describe their prior experience in this area. 2) Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate, and hire public housing and other low‐and very low‐income persons. Identify any private or public resources that will be used. 3) Describe contractor’s activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. 4) Describe plans to structure project activities in ways that create opportunities for Section 3 firms’ participation, where applicable. YOUR RESPONSES TO QUESTIONS 1‐4 WILL CONSTITUTE YOUR PLAN; PLEASE ATTACH YOUR PLAN DOCUMENT ON YOUR COMPANY’S LETTERHEAD, AND INCLUDE THE FOLLOWING INFORMATION. • Company Name • Your Name and Phone Number • Bid Number and Name _____________________________________________________________________________________ The following Sample Section 3 Opportunities Plan and responses are provided to serve as an example for your firms Plan. Please re‐type your own firm’s Plan on your firm’s letterhead. QUESTION #1: The individual responsible for planning, implementing, and tracking the project’s Section 3 training and employment goals is John Doe, President (or the appropriate title of this individual), of name of firm. He (or she) will obtain all pertinent information to become thoroughly familiar and ensure contract compliance with the HUD Section 3 Regulation. John Doe is qualified to administer contractor’s Section 3 Opportunities Plan (Plan). QUESTION #2: The employment goal is thirty percent (30%) of the aggregate number of new hires. Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low‐and very low‐income persons, in the event any vacancies occur throughout the duration of the project: 1) Schedule a time and place for qualified residents to complete job applications. Page 215 of 383 City of Miami Gardens Section 3 Plan Page 18 EXHIBIT D (con’t.) 2) Develop a list of “pre‐qualified” Section 3 public housing and other low‐and very low‐income residents who could fill job vacancies that may later become available. 3) Send notices about Section 3 training and employment obligations and opportunities required for this project to labor organizations. 4) Establish a training program to provide public housing residents and other low‐and very lowincome residents with the opportunity to learn basic skills and job requirements. 5) Advertise in major and community newspapers and on job sites for workers who meet the definition of a Section 3 resident. Contractor will establish files to record and retain written documentation of all training and employment outreach efforts and resources from agency representatives and job applicants. QUESTION #3 (Only applicable to firms that subcontract) Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3 business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each City of Miami Gardens project for which Contractor is the successful bidder. Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category, which can perform required project work: 1) Contractor’s Resource Center 2) Small Business Administration 3) Minority Business Development Center 4) Miami‐Dade Public Housing Authority Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility to: 1) Use the contractor’s or firms solicitation letter to advertise to the “greatest extent feasible” to all firms on lists provided to us by the City of Miami Gardens and other organizations about the type of work needed to complete each City of Miami Gardens project, 2) Advise firms of contract’s obligation to seek and award work to qualified Section 3 businesses, where feasible, 3) Clarify the definition of a Section 3 resident and business, 4) Explain how to qualify as a Section 3 business in order to receive a preference from Contractor when subcontractor work is to be awarded, and 5) Provide Section 3 certified firms that are qualified to perform work with an opportunity to submit price quotations for City of Miami Gardens project work, and where financially feasible, hire such firms as subcontractors. Documentation of Outreach to find Eligible Section 3 Subcontracting Firms: 1) Contractor will establish files to record and retain written documentation of all outreach efforts and responses received from organizations and subcontractors who are contacted. 2) Contractor will fax the CITY OF MIAMI Solicitation Letter to all firms that these organizations identify, based on each category of work required for each project. 3) Contractor will provide CITY OF MIAMI with copies of its facsimile receipts to each of the organizations listed in its Plan and their responses. Page 216 of 383 City of Miami Gardens Section 3 Plan Page 19 EXHIBIT D (con’t.) 4) Contractor will provide CITY OF MIAMI with copies of its facsimile receipts and responses received from every firm that is faxed for each CITY OF MIAMI project. 5) Contractor will provide CITY OF MIAMI with an outreach close‐out letter for each project awarded that refers to an attached outreach summary report. If Contractor is unable to meet CITY OF MIAMI’s requirement to contract at least 10% of the award amount to Section 3 businesses, Contractor will include in its close‐out letter an explanation as to why this requirement was not met. 6) The outreach summary report, referred to in No. 5, above, will list all contacts made to each organization or association, the individual firms subsequently contacted, categorized by trade, and the bid amount or other type of responses received from each firm (similar to the sample outreach summary report attached to Contractor’s Plan.) 7) If a firm is non‐responsive, Contractor agrees to make a second attempt at getting them to respond, failing which, Contractor will move on to another company, all of which will be submitted to the CITY OF MIAMI, and referred to in the outreach close‐out letter and summary report. QUESTION #4 (Only applicable to firms that subcontract) Contractor will make every effort to structure project activities to increase opportunities for Section 3 businesses. This will be accomplished by sub‐dividing the work into smaller amounts, or by using multiple firms to complete similar types of work. Page 217 of 383 City of Miami Gardens Section 3 Plan Page 20 EXHIBIT E – SECTION 3 CERTIFICATION TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND THE LOW‐AND VERY LOW‐INCOME AREA RESIDENTS. A. The project assisted under this (contract/agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract/agreement), the (recipient/contractor) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this (contract/agreement). The requirements of said regulations include but are not limited to development and implementation of a Section 3 Opportunity Plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the “Section 3 Clause” specified by Section 135.20 (b) of the regulations in all contracts (subcontracts) for work in connection with the project. The (recipient/contractor) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. The (recipient/contractor) shall provide a status report identifying its progress in meeting the Section 3 goals as established in its Section 3 Opportunities Plan on a monthly basis throughout the (contract/agreement) period. The monthly report shall be submitted no later than 10 days after the end of each calendar month of the contract (i.e., January 10 for December). D. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this (contract/agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (recipient/contractor), its successors and assigns. Failure to fulfill these requirements shall subject the (recipient/contractor), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract/agreement), and to such sanctions as are specified by 24 CFR Section 135. _________________________________ ___ _______________________________ _____ __ ______________________ Signature of Authorized Individual Title Date __________________________________________ Print Name Sworn to and subscribed before me ________________________________ This ___________________ day of Notary Public ______________________, 20____ State of_________________________ Place Notary Stamp Here Page 218 of 383 City of Miami Gardens Section 3 Plan Page 21 EXHIBIT F ‐NEW HIRES SECTION 3 MONTHLY COMPLIANCE REPORTING FORM This form is distributed to the General Contractor (GC) at the Pre‐construction meeting. The GC is also required to provide this form to any subcontractor firms they may hire for this project. Review the information below, check all that apply to: Project Name: _________________________________________________________________________ Project Address: _______________________________________________________________________ Additionally, please review and comply with the following: 1) When you hire* a Section 3 resident in connection with this project, you must complete and submit a MONTHLY report, and hand deliver to: City of Miami Gardens Department of Community Development 1515 NW 167 Street, Suite 160 Miami Gardens, FL 33169 Of fax form to (305) 622‐8046. *This form must be filled out and submitted even if no Section 3 resident(s) are hired. Month __________________________ from: _____________ to: ______________ 􀂆 I have not hired any new employees during the pay period/month specified. 􀂆 I have hired ____ Section 3 employees and/or ____ non‐Section 3 employees during the month shown here. 􀂆 I have taken one or more of the following recruitment steps to hire a Section 3 resident with the highest training and employment priority ranking: (check all that apply) 􀂆 I have advertised to fill vacancy(ies) at the site(s), where work is taking place, in connection with this project. Below, I have checked the steps I have taken to find Section 3 low‐income residents, from the targeted groups and neighborhoods, to fill any vacancies. 􀂆 Place signs or posters in prominent places at each of the above listed developments/project areas. 􀂆 Taken photographs of the above item to document that the above step was carried out. 􀂆 Distributed employment flyers to each of the residents at these developments/project areas 􀂆 Posted employment flyers to each of the residents at these developments/project areas Page 219 of 383 City of Miami Gardens Section 3 Plan Page 22 EXHIBIT F (con’t.) 􀂆 Contacted US HUD State Officer at (305) 536‐4421 to identify any HUD Youthbuild programs currently operating in Miami‐Dade County; then contacted these programs for Youthbuild referrals. 􀂆 Kept a log of all applicants and indicated the reasons why Section 3 residents who applied were not hired. 􀂆 Retained copies of any employment applications completed by public housing, Section 8 certificate or voucher holders, or other Section 3 residents. 􀂆 Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom our firm has a collective bargaining agreement or other agreement. 􀂆 Sent proof of all checked items to the City of Miami Gardens Department of Community Development at the above address. ________________________________________ _______________________________________ Signature of Authorized Representative Print Name ________________________________________ ____________________________ Title Date Page 220 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: 2006 Urban Area rity Init ve t Secu an iati Gr Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Office of the City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN GRANT AGREEMENT WITH THE CITY OF MIRAMAR THROUGH THE FEDERAL DEPARTMENT OF HOMELAND SECURITY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens has been identified by the Federal Department of Homeland Security as eligible to receive funding from the UASI Grant Program as a member of the Fort Lauderdale UASI. The City received $698,000 under the 2006 UASI grant‐funding program for the purchase of emergency preparedness equipment, which includes satellite phone technology, the establishment of a Unified Command Center (EOC), Emergency Generators, and solar powered traffic signals, and police department dual/band radio upgrades. To date, the City has completed all projects associated with this grant year and is awaiting reimbursement from the lead agency. ITEM J-4) CONSENT AGENDA RESOLUTION 2006 UASI Grant Funding Program Page 221 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City of Miramar acts as the lead agency for the Fort Lauderdale UASI and as such, has applied to the State of Florida for the fourth extension of the terms of the State Agreement in order to provide additional time for the completion of procurement and the expenditure of the grant funding available under the FY 2006 UASI Grant Program. The State of Florida subsequently agreed to a contract modification, to extend the State Agreement with the Fort Lauderdale UASI through December 30, 2010. As the sub‐granting agency, City of Miami Gardens City Council must also approve any changes to the grant term. As such, attached please find the fourth amendment to the memorandum of agreement for participating Fort Lauderdale UASI agencies for the extension of the original contract term. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute the grant agreement with the City of Miramar for the the fourth extension of the original 2006 Urban Area Security Initiative Grant Term grant term. Attachment: Attachment A: Extension Agreement Page 222 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN GRANT AGREEMENT WITH THE CITY OF MIRAMAR THROUGH THE FEDERAL DEPARTMENT OF HOMELAND SECURITY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has been identified by the Federal Department of Homeland Security as being eligible to receive funding from the UASI Grant Program as a member of the Fort Lauderdale UASI, and WHEREAS, the City received Six Hundred Ninety Eight Thousand Dollars ($698,000.00) under the 2006 UASI grant funding program for the purchase of emergency preparedness equipment for the City of Miami Gardens Police Department, and WHEREAS, to date, the City has completed all projects associated with this grant year and is awaiting reimbursement from the lead agency, and WHEREAS, the City of Miramar, acting as the lead agency for the Fort Lauderdale UASI, applied to the State of Florida for the fourth extension of the terms of the State Agreement, and WHEREAS, the State of Florida subsequently agreed to a contract modification, to extend the State Agreement with the Fort Lauderdale UASI through December 30, 2010, and 1 Page 223 of 383 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 WHEREAS, as the sub-granting agency, the City Council for the City of Miami Gardens must approve any changes to the grant term, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the City Manager and the City Clerk to execute and attest, respectively, that certain Grant Agreement with the City of Miramar through the Federal Department of Homeland Security, a copy of which is attached hereto as Exhibit “A.” Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with the City of Miramar through the Federal Department of Homeland Security, with one (1) to be maintained by the City, and one (1) to be delivered to the City of Miramar. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR 2 Page 224 of 383 3 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 K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Oliver Gilbert, III (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 31 32 Page 225 of 383 FOURTH AMENDMENT TO MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES This Fourth Amendment to Memorandum of Agreement for Participating Fort Lauderdale UASI Agencies (the “Fourth Amendment”) is entered into this 1st day of July, 2010, by and between the City of Miramar, a municipal corporation of the State of Florida (the “Sponsoring Agency”) and The City of Miami Gardens (the “Participating Agency”). RECITALS WHEREAS, the Sponsoring Agency and the Participating Agency entered into a Memorandum of Agreement for Participating Fort Lauderdale UASI Agencies dated October 25th, 2006 (the “MOA”) related to expenditures of funds subgranted to the Participating Agency under the FY 2006 Urban Area Security Initiative (“UASI”) Grant Program; and WHEREAS, the current term of the MOA ended on June 30, 2010; and WHEREAS, the MOA is subject to all terms, provisions and conditions of the Federally Funded Subgrant Agreement between the Sponsoring Agency and the State of Florida, Division of Emergency Management (the “State Agreement”), the current term of which also ended on June 30, 2010; and WHEREAS, the Sponsoring Agency has applied to the State of Florida for an extension of the term of the State Agreement in order to provide additional time for the completion of procurement and the expenditure of the grant funding available under the FY 2006 UASI Grant Program; and WHEREAS, the State of Florida has agreed, subject to execution of a written contract modification, to extend the State Agreement through December 31, 2010; and Page 1 of 3 Page 226 of 383 WHEREAS, the parties mutually desire to extend the term of the MOA through the same extension date as approved by the State of Florida for the State Agreement, to wit: December 31, 2010, in order to provide additional time for the completion of the procurement process and the expenditure of the grant funding available under the FY 2006 UASI Grant Program. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. In conjunction with the extension of the State Agreement through December 31, 2010, the term of the MOA between the parties shall be extended to December 31, 2010. 2. All terms, provisions and conditions of the MOA not inconsistent with this Second Amendment shall remain in full force and effect. SPONSORING AGENCY THE CITY OF MIRAMAR, a municipal ATTEST: corporation of the State of Florida _____________________________ BY: __________________________ Yvette McLeary Robert A. Payton City Clerk City Manager Date:______________ Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: ________________________ _____ Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., City Attorney Page 2 of 3 Page 227 of 383 PARTICIPATING AGENCY __________________________ __________________________ ATTEST: _____________________________ BY: ___________________________ Name: Name: Title: Title: Date:_____________ APPROVED AS TO FORM AND CORRECTNESS: _______________________________ Participating Agency Attorney 2006 UASI – The City of Miami Gardens Page 3 of 3 Page 228 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: 2007 Urban Area rity Init ve t Secu an iati Gr Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Office of the City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST AMENDMENT TO THE 2007 MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens has been identified by the Federal Department of Homeland Security as eligible to receive funding from the UASI Grant Program as a member of the Fort Lauderdale UASI. The City received $412,745 under the 2007 UASI grant‐funding program for the purchase of Hazmat Response Equipment, Mobile Command Center upgrades, Emergency Generators, the Code Red Emergency Communications Network, and an Emergency Broadcast Radio Station. To date, the City has completed fifty percent of the projects associated with this grant year and is awaiting reimbursement from the lead agency. ITEM J-5) RESOLUTION CONSENT AGENDA 2007 UASI Grand Funding Program Page 229 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City of Miramar acts as the lead agency for the Fort Lauderdale UASI and as such, has applied to the State of Florida for the first extension of the terms of the State Agreement in order to provide additional time for the completion of procurement and the expenditure of the grant funding available under the FY 2007 UASI Grant Program. The State of Florida subsequently agreed to a contract modification, to extend the State Agreement with the Fort Lauderdale UASI through December 30, 2010. As the sub‐granting agency City of Miami Gardens City Council must also approve any changes to the grant term. As such, attached please find the first amendment to the memorandum of agreement for participating Fort Lauderdale UASI agencies for the extension of the original contract term. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute the grant agreement with the City of Miramar for the first extension of the original 2007 Urban Area Security Initiative Grant Term grant term. Attachment: Attachment A: Extension Agreement Page 230 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST AMENDMENT TO THE 2007 MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has been identified by the Federal Department of Homeland Security as being eligible to receive funding from the UASI Grant Program as a member of the Fort Lauderdale UASI, and WHEREAS, under the 2007 UASI Grant Funding Program, the City received Four Hundred Twelve Thousand, Seven Hundred Forty-Five Dollars ($412,745.00) for the purchase of equipment for the City of Miami Gardens Police Department, and WHEREAS, to date, the City has completed fifty percent (50%) of the projects associated with this grant year and is awaiting reimbursement from the lead agency, and WHEREAS, the City of Miramar, acting as the lead agent for the Fort Lauderdale UASI, applied to the State of Florida for an extension of the terms of the State Agreement, and WHEREAS, the State of Florida subsequently agreed to a contract modification to extend the State Agreement with the Fort Lauderdale UASI through December 30, 2010, and 1 Page 231 of 383 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 WHEREAS, as the sub-granting Agency, the City Council of the City of Miami Gardens must approve any changes to the grant funds, 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 the City Clerk to execute and attest, respectively, that certain First Amendment to the 2007 Memorandum of Agreement for Participating Fort Lauderdale UASI Agencies, a copy of which is attached hereto as Exhibit “A.” Section 3. INSTRUCTION TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with the City of Miramar, with one (1) to be maintained by the City, and one (1) to be delivered to the City of Miramar. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _____________________ ____________ SHIRLEY GIBSON, MAYOR 2 Page 232 of 383 3 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 K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Oliver Gilbert, III (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 31 32 Page 233 of 383 FIRST AMENDMENT TO MEMORANDUMS OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES (RE: FY 2007 UASI GRANT PROGRAM) This First Amendment to Memorandums of Agreement for Participating Fort Lauderdale UASI Agencies (the “First Amendment”) is entered into this ______ day of ________________, 2010, by and between the City of Miramar, a municipal corporation of the State of Florida (the “Sponsoring Agency”) and The City of Miami Gardens (the “Participating Agency”). RECITALS WHEREAS, the Sponsoring Agency and the Participating Agency entered into a Memorandum of Agreement for Participating Fort Lauderdale UASI Agencies dated June 9th, 2008 (the “Primary MOA”) related to expenditures of funds subgranted to the Participating Agency under the FY 2007 Urban Area Security Initiative (“UASI”) Grant Program; and WHEREAS, the Primary MOA is subject to all terms, provisions and conditions of the Federally Funded Subgrant Agreement between the Sponsoring Agency and the State of Florida, Division of Emergency Management (the “State Agreement”), the current term of which ends on June 30, 2010, resulting from a First Modification to the State Agreement entered into by the Sponsoring Agency and the State of Florida; and WHEREAS, the Sponsoring Agency has applied to the State of Florida for an additional extension of the term of the State Agreement in order to provide additional time for the completion of procurement and the expenditure of the grant funding available under the FY 2007 UASI Grant Program; and WHEREAS, the State of Florida has agreed, subject to execution of a Second Modification to the State Agreement, to extend the State Agreement through December 31, 2010, which Second Modification has been approved by the Miramar City Commission on June 16, 2010 by adoption of Resolution No. 10-155; and Page 1 of 3 Page 234 of 383 WHEREAS, the parties mutually desire to extend the term of the Primary MOA through the same extension date as provided for in the Second Modification to the State Agreement, to wit: December 31, 2010, in order to provide additional time for the completion of the procurement process and the expenditure of the grant funding available under the FY 2007 UASI Grant Program; and WHEREAS, the parties entered into an additional MOA (the “Secondary MOA”) dated November 6th, 2007, related to certain of the grant funding available under the FY 2007 UASI Grant Program, to wit: funding specifically allocated for the improvement of first responder capabilities and critical infrastructure hardening, which Secondary MOA the parties also mutually desire to extend through the same extension date as provided for in the Second Modification to the State Agreement, to wit: December 31, 2010. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. In conjunction with the extension of the State Agreement through December 31, 2010, the terms of the Primary MOA and Secondary MOA between the parties, both related to the FY 2007 UASI Grant Program, shall be extended to December 31, 2010. 2. All terms, provisions and conditions of the Primary and Secondary MOA’s not inconsistent with this First Amendment shall remain in full force and effect. (Remainder of page intentionally left blank) Page 2 of 3 Page 235 of 383 SPONSORING AGENCY THE CITY OF MIRAMAR, a municipal ATTEST: corporation of the State of Florida _____________________________ BY: __________________________ Yvette McLeary Robert A. Payton City Clerk City Manager Date:______________ Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: _____________________________ City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L PARTICIPATING AGENCY __________________________ __________________________ ATTEST: _____________________________ BY: ___________________________ Name: Name: Title: Title: Date:_____________ APPROVED AS TO FORM AND CORRECTNESS: _______________________________ Participating Agency Attorney 2007 UASI – The City of Miami Gardens Page 3 of 3 Page 236 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Energy Efficiency and Conservation Block Grant BG) Funds & AT Fun (EEC MDE ds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Danny O. Crew 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 CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI GARDENS AND MIAMIDADE ECONOMIC ADVOCACY TRUST TO ESTABLISH THE MIAMI GARDENS/NORTH DADE STIMULUS INITIATIVE, ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The Miami Dade Economic Advocacy Trust (MDEAT), formerly known as the Miami Metro Action Plan (MMAP), wishes to develop an independent program (North Dade Stimulus Initiative) to assist existing small businesses in North Dade with financial and technical assistance in an effort to infuse growth and development for the area. The purpose of the North Dade Stimulus Initiative is to provide assistance by offering certain technical and financial resources to existing small businesses. These resources include, but are not limited to, ITEM J-6) CONSENT AGENDA RESOLUTION MOU with Miami Dade Economic Advocacy Trust Page 237 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 business technical assistance to micro enterprises, façade improvements, marketing assistance, and other improvements. The Program’s activities are based on assisting microenterprises, defined as businesses with 5 or fewer employees including the owner. MDEAT received a general fund allocation of $50,000 which was set aside for economic development efforts. MDEAT intends to issue 10 grants in the amount of $5,000 each. Current Situation In an effort to leverage the City’s resources, City Staff wishes to collaborate with MDEAT on this program by ensuring that the funds received by the City from the Department of Energy grant (EECBG Funds) that have been designated for assistance to local businesses ($145,800) for energy efficiency improvements be used in conjunction with MDEAT’s funds for the creation of the Miami Gardens/North Dade Stimulus Initiative (the “Program”). The Program will establish a collaborative partnership agreement that provides enhanced resources to small businesses located within the City by combining the benefits of both MDEAT’s and the City’s programs . The Program will be administered by the Department of Community Development and will be funded by EECBG funds and MDEAT funds. The funds will be used as a match with MDEAT’s allocated budget of $50,000. The Memorandum of Understanding will expire on September 30, 2011. Proposed Action: That City Council approve the attached resolution authorizing the City Manager to execute the Memorandum of Understanding between the City of Miami Gardens and Miami Dade Economic Advocacy Trust to establish the Miami Gardens/North Dade Stimulus Initiative. Attachment: • Memorandum of Understanding between the City of Miami Gardens and MDEAT Page 238 of 383 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, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE ECONOMIC ADVOCACY TRUST TO ESTABLISH THE MIAMI GARDENS/NORTH DADE STIMULUS INITIATIVE, ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Dade Economic Advocacy Trust (“MDEAT”), formerly known as Miami Metro Action Plan (“MMAP”), wishes to develop an independent Program that will be known as the North Dade Stimulus Initiative, and WHEREAS, the purpose of the North Dade Stimulus Initiative is to provide assistance to existing small businesses by offering certain technical and financial resources, and WHEREAS, these resources include, but are not limited to, technical assistance to micro enterprises, façade improvements, and marketing assistance, and WHEREAS, MDEAT received a general fund allocation in the amount of Fifty Thousand Dollars ($50,000.00) for economic development efforts, and WHEREAS, in an effort to leverage the City’s resources, Councilman Gilbert desires to establish a collaborative partnership agreement to provide enhanced resources to small businesses located within the City by combining the benefits of both MDEAT’s and the City’s Programs, and 1 Page 239 of 383 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, the Program will be administered by the Department of Community Development and will be funded by Department of Energy grant (“EECBG”) and MDEAT funds, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to execute a Memorandum of Understanding between the City of Miami Gardens and Miami-Dade Economic Advocacy Trust to establish the Miami Gardens/North Dade Stimulus Initiative. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Memorandum of Understanding with Miami-Dade Economic Advocacy Trust with one (1) to be maintained by the City, and one (1) to be delivered to Miami-Dade Economic Advocacy Trust. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR 2 Page 240 of 383 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 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY:_____________________ SECONDED BY: _________________ VOTE: _____ 25 Mayor Shirley Gibson (Yes) ___(No) 26 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 27 Councilman Melvin L. Bratton (Yes) ___(No) 28 Councilman Oliver Gilbert, III (Yes) ___(No) 29 Councilwoman Barbara Watson (Yes) ___(No) 30 Councilwoman Sharon Pritchett (Yes) ___(No) 31 Councilman André Williams (Yes) ___(No) 32 33 34 Page 241 of 383 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this ____ day of ______________, 2010, between the City of Miami Gardens (“City”) having an address of 1515 NW 167 Street, Building 6, Suite 200 Miami Gardens, FL and the Miami Dade County Economic Advocacy Trust (the “Trust”) having an address of 19 West Flagler Street -Suite M-106 Miami, FL. RECITALS WHEREAS, the Trust is desirous to provide financial and technical assistance through its North Dade Stimulus Initiative (the “Program”); and WHEREAS, the objective of the program is to identify a business corridor in the North section of Miami Dade County to infuse financial and technical assistance in an effort to infuse growth and development for small businesses; and WHEREAS, the mission of the City of Miami Gardens’ Department of Community Development is to utilize the grant funds it receives to aid in the development of viable urban communities by providing and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City sought to implement a grant program for small businesses in their major economic development corridors; and WHEREAS, the City of Miami Gardens and the Trust have decided to work together to form an independent program to assist existing businesses in the development of sustainability and prosperity; and WHEREAS, the execution of this agreement will establish authorization and agreement by both parties to enter into the said contract. 1 Page 242 of 383 ARTICLE I PURPOSE The purpose of the Program is to assist city-based businesses with assistance by offering certain technical and financial resources to existing small businesses that meet the requirements of the program. Those resources include but are not limited to energy efficiency audits/upgrade/repairs, business technical assistance to microenterprises, façade improvements, and other improvements. The Program’s activities are based on assisting microenterprises, categorically defined as businesses with 5 or fewer employees including the owner. The Program’s area of implementation will focus on the City’s 3 Economic Development Corridors, N.W. 27th Avenue, N.W. 167 Street, and U.S. 441 (N.W. 2nd Avenue). ARTICLE II TERM OF THE MOU 2.1 The term of the MOU shall commence on the last date of execution by the parties and continue until September 30, 2011 unless terminated by either party to pursuant to Article VII below. 2.2 The parties agree that time is of essence in the performance of each and every obligation under this MOU. ARTICLE III RESPONSIBILITIES OF THE PARTIES 3.1 CITY Responsibilities. The City hereby agrees as follows: (a) To provide certain technical and financial assistance to awarded businesses; 2 Page 243 of 383 (b) To regularly and periodically visit the 27th Avenue Corridor, to participate in and monitor program activity and performance at the awarded businesses; (c) To assist in the underwriting of applications to determine program eligibility; (d) Report program activity and performance to the appropriate regulatory agency; (e) To cooperate fully with the parties of this MOU in the implementation in achieving the purposes of the this MOU; (e) To adhere to the strict regulations established by its respective funding agencies and the program parameters that have yet to be established. 3.2 COUNTY Responsibilities. The County hereby agrees as follows: (a) To assist in the marketing and community outreach within the community about the Program; (b) To play a major role in achieving the goals of the strategy outlined herein; (c) To assist in the underwriting of applications to determine program eligibility; (d) To provide certain technical and financial assistance to awarded businesses; (e) To cooperate fully with the parties of this MOU in the implementation in achieving the purposes of the this MOU (f) To adhere to the strict regulations established by its respective funding agencies and the program parameters that have yet to be established. ARTICLE IV PROJECT MANAGEMENT AND NOTICE 3 Page 244 of 383 4.1 The Project Manager for the County is John Dixon, Executive Director for Miami Dade Economic Advocacy Trust, 19 West Flagler Street -Suite M-106, Miami, FL 33127. The Project Manager for the City is Antranette Pierre, Economic Development Manager, 1515 NW 167 Street Building 5, Suite 200 Miami Gardens, Fl 33169. The parties shall direct all matters arising in connection with the performance of this MOU, other than notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this MOU. 4.2 All notices, demands, or other communications to Miami Dade County under this MOU shall be in writing and shall be deemed received if sent by certified mail to: Miami Dade County Att: County Manager 111 NW 1st Street, Suite 2810 Miami, FL 33128 All notices, demands, or other communications to the City under this MOU shall be in writing and shall be deemed received if sent by certified mail to: Dr. Danny O. Crew, CITY MANAGER City of Miami Gardens 1515 N.W. 167th Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 The County and the City shall also provide a copy of all notices to the Project Managers. All notices required by this MOU shall be considered delivered upon receipt. Should any party changes its address, written notice of such new address shall promptly be sent to the other parties. ARTICLE V 4 Page 245 of 383 INDEMNIFICATION 5.1 The County assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the County and the officers, employees, servants, and agents thereof. The County warrants and represents that it is self-funded for liability insurance, or has liability insurance, both public and property, with such protection being applicable to the County officers, employees, servants and agents while acting within the scope of their employment with the County. 5.2 The City assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the City and the officers, employees, servants, and agents thereof. The City warrants and represents that it is selffunded for liability insurance, or has liability insurance, both public and property, with such protection being applicable to the City’s officers, employees, servants and agents while acting within the scope of their employment with with the City. 5.3 The County and the City further agree that nothing contained herein shall be construed to interpret as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the United States or its agents and agencies to be sued; (3) the consent of the State of Florida or its agents and agencies to be sued; or (4) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE VI INSURANCE 5 Page 246 of 383 6.1 The parties hereto acknowledge that the County and the City are self-insured governmental entities subject to the limitations of Section 768.28, Florida Statutes. The County and the City shall maintain a fiscally sound and prudent risk management program with regard to their obligations under this MOU in accordance with the provisions of Section 768.28, Florida Statutes. The County and the City shall collect and keep on file documentation of insurance of any and all contractors contracted to provide the services or product used in conjunction with this MOU in any way. The County and the City as named insured and shall provide the County and the City with a copy of the insurance policy purchased by any contractor prior to commencement of the Services. ARTICLE VII TERMINATION/REMEDIES 7.1 If any party fails to fulfill its obligations under this MOU in a timely and proper manner, the other parties shall have the right to terminate their participation under this MOU by giving written notice of any deficiency. The party in default shall then have thirty (30) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this MOU shall terminate at the expiration of the thirty (30) day time period. 7.2 Any party may terminate this MOU at any time for convenience upon ninety (90) calendar days prior written notice to the other party. Any such termination shall be effected by delivery to the other of a Notice of Termination specifying the extent to which performance of work under the MOU is terminated, and the date upon which such termination become effective. 6 Page 247 of 383 7.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall be impartial, shall be selected by parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 7.4 This MOU has no third party beneficiaries (intended or incidental), who may enforce obligations of any party should the MOU be terminated. ARTICLE VIII RECORDS RETENTION/OWNERSHIP The County and City shall maintain records and each party shall have inspection and audit rights as follows: 8.1 Maintenance of Records. All parties shall maintain all financial and nonfinancial records and reports directly or indirectly related to the negotiation or performance of this MOU including supporting documentation for any service rates, expenses, researching or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration or termination date of this MOU. 8.2 Examination of Records. All parties of their designated agents shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this MOU. Such examination may be only five years from the expiration or termination of this MOU and upon reasonable notice, time and place. 7 Page 248 of 383 8.3 Extended Availability of Records for Legal Disputes. In the event that any party should become involved in a legal dispute with a third party arising from performance under this MOU, the other parties shall extend the period of maintenance for all records relating to this MOU until the final disposition of the legal dispute, and all such records shall be made readily available. ARTICLE IX STANDARDS OF COMPLIANCE 9.1 The County and City, their employees, subcontractors, partners and assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this MOU to which their activities are subject. 9.2 The County and the City shall allow public access to all project documents and materials it maintains in accordance with the provisions of Chapter 119, Florida Statutes. Should the County and/or the City assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be both upon the County and the City. 9.3 All parties assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, sex, marital status, or sexual preference, from participation in, denied the benefits or, or be otherwise subjected to discrimination in any activity under this MOU. All parties shall take all measures necessary to effectuate these assurances. ARTICLE X RELATIONSHIP BETWEEN THE PARTIES 8 Page 249 of 383 10.1 The County and the City are independent contractors. No party is an employee or agent of any other party. Nothing in this MOU shall be interpreted to establish any relationship other than that of independent contractors, between the County and the City, or between their respective employees, agents, subcontractors, partners, or assigns, during or after the performance of this MOU. ARTICLE XI GENERAL PROVISIONS 11.1 Notwithstanding any provisions of the MOU to the contrary, the parties shall not be held liable for any failure to delay in the performance of this MOU that arises from fires, floods, strikes, embargoes, acts of public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for any other cause of same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this MOU shall otherwise remain in effect. 11.2 In the event any provisions of the MOU shall conflict, or appear to conflict, the MOU, including all exhibits, attachments and all other documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of the MOU by the parties, their successors and assigns shall not be deemed a waiver of any rights or remedies, nor shall it relieve the other parties from performing any subsequent obligations strictly in accordance with the term of this MOU. No waiver shall be 9 Page 250 of 383 effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this MOU specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this MOU be held, to any extent invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not effect any other term or provision of this MOU, to the extent that the MOU shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This MOU may be amended only with the written approval of the parties hereto. 11.6 This MOU states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations or agreements previously existed between parties with respect to the subject matter of this MOU. The parties recognize that any representations, statements or negotiations made by the staff of either party does not suffice to legally bind either party in a contractual relationship unless they have been reduced to writing and signed by their authorized representative(s). This MOU shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 10 Page 251 of 383 11 ATTEST: CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida __________________________________ ___________________________ Ronetta Taylor, CMC City Clerk Danny Crew, City Manager Approved as to legal form and sufficiency: ___________________________________ Sonja K. Dickens, Esq. City Attorney ATTEST: MIAMI DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: ________________________________ ___________________________ Harvey Ruvin, Deputy Clerk George M. Burgess County Manager Approved as to legal form and sufficiency: ___________________________________ Assistant County Attorney Page 252 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: Miami Dade County Landscape Committee Grant , Public Works Capital roveme and mwater Imp Stor nt, Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910064 Miami Gardens Drive Landscape Beautification Project (Phase #2) X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH VILA AND SONS, LANDSCAPING CORP., ATTACHED HERETO AS EXHIBIT “A,” FOR LANDSCAPE ARCHITECTURAL SERVICES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND, THIRTY-NINE DOLLARS AND 32/100 CENTS ($383,039.32); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens received a matching grant with a maximum total of $168,880.00 from Miami Dade County Landscaping Committee for median improvements for Miami Gardens Drive from NW 27th ITEM J-7) CONSENT AGENDA RESOLUTION Agreement with Vila and Sons Landscaping Corp. Page 253 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Avenue to NW 47th Avenue. The project includes removal and replacement of trees, installation of an irrigation system, shrubs, sod and plants. Matching funds for this project is budgeted in the Public Works Capital Improvements and Stormwater. Specifications were prepared by Calvin, Giordano & Associates, Inc., under a non-exclusive landscape architectural services contract and the project was advertised on June 3, 2010. A broadcast notice was sent to 751 vendors. Fifty-eight bid packages were requested. A pre-bid meeting was held on June 22, 2010 to discuss the project. The bids were opened on July 8, 2010. Eleven bids were received and publicity read. One bid was declared non-responsive at the bid opening as the bid bond submitted was not the required amount. Staff evaluated the bids for compliance with the specifications and their ability to perform the work. The apparent low bidder, McBayne Construction, Inc., located in Miami, Florida was determined to be nonresponsive as the references received and checked were not for projects of “similar scope and size” as required in the specifications. Also, McBayne Construction did not submit the required Certified Landscape Contractor w/Florida Nursery, Growers, & Landscape Association. Under section titled “Consideration of Bids”, it specifically states that determination of the lowest qualified responsible bidder, in addition to price, shall be considered based on quality of performance on previous contracts and the ability, capacity and skill of the bidder to perform the Contract. Based on the evaluation, the apparent second low bidder is Vila and Son Landscaping Corporation located in Miami, Florida. Reference and background evaluations were conducted and found favorable. A copy of the proposal document and submittals are available at the assistant to the Mayor and Council’s Office for review. Proposed Action: That City Council approve the attached resolution awarding the bid for Miami Gardens Drive Beautification Project Phase #2 in the amount of $383,039.82 to Vila and Son Landscaping Corporation, located in Miami, Florida, and to authorize the City Manager to execute an agreement in accordance with the bid specifications for an amount not to exceed the remaining allocated budget from the $168,880 Miami Dade County Landscape Committee grant, $124,572 from the Capital Improvement Budget and $89,587.82 from Stormwater Budget. Attachment: Exhibit A – Tabulation Sheet Page 254 of 383 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 AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH VILA AND SONS, LANDSCAPING CORP., ATTACHED HERETO AS EXHIBIT “A,” FOR LANDSCAPE ARCHITECTURAL SERVICES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTYTHREE THOUSAND, THIRTY-NINE DOLLARS AND 32/100 CENTS ($383,039.32); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens received a matching grant with a maximum total of One Hundred Sixty-Eight Thousand, Eight Hundred Eighty Dollars ($168,880.00) from Miami-Dade County Landscaping Committee for median improvements, and WHEREAS, the proposed improvements include the removal and replacement of trees and the installation of an irrigation system, shrubs, sod and plants along Miami Gardens Drive from N.W. 27th Avenue to N.W. 47th Avenue, and WHEREAS, the City will match funds from the Public Works Capital Improvements and Stormwater funds, and WHEREAS, ITB #09-10-064 was publicly advertised and eleven (11) bids were received and publicly read, and WHEREAS, the apparent lowest bidder, McBayne Construction, Inc., located in Miami, Florida, was determined to be non-responsive, as it did not submit the required certification along with its bid application, and 1 Page 255 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, based on the submission, staff determined that the apparent second lowest bidder is, Vila and Son Landscaping Corporation, located in Miami, Florida, 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 the City Clerk to execute and attest, respectively, that certain Agreement with Vila and Sons Landscaping Corp., attached hereto as Exhibit “A,” for landscape architectural services in an amount not to exceed Three Hundred Eighty-Three Thousand, Thirty-Nine Dollars and 32/100 Cents ($383,039.32) for median improvements for Miami Gardens Drive from N.W. 27th Avenue to N.W. 47th Avenue. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with Vila and Sons Landscaping Corp., with one (1) to be maintained by the City, and one (1) to be delivered to Vila and Sons Landscaping Corp. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. 2 Page 256 of 383 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 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 27 Mayor Shirley Gibson (Yes) ___(No) 28 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 29 Councilman Melvin L. Bratton (Yes) ___(No) 30 Councilman Oliver Gilbert, III (Yes) ___(No) 31 Councilwoman Barbara Watson (Yes) ___(No) 32 Councilwoman Sharon Pritchett (Yes) ___(No) 33 Councilman André Williams (Yes) ___(No) 34 35 36 Page 257 of 383 Page 258 of 383 Page 259 of 383 Page 260 of 383 Page 261 of 383 Page 262 of 383 Page 263 of 383 Page 264 of 383 Page 265 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: (Enter Fund & Dept) s and Re ation e l Fund Park Gen cre ra s Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X RFP#0910033A Revised Sponsor Name Dr. Danny Crew, City Manager Department: Parks and Recrecation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH COMPLETE HEALTH AND FITNESS CONCEPTS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR FITNESS MANAGEMENT SERVICES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY SEVEN THOUSAND, FIVE HUNDRED EIGHTY NINE DOLLARS AND 89/100 CENTS CENTS ($147,589.89); AUTHORIZING THE CITY MANAGER TO RENEGOTIATE THE TERMS OF SAID AGREEMENT AND RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL TWO YEAR RENEWAL TERMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens Parks and Recreation Department will soon be opening its 54,000 square foot Betty T. Ferguson Recreational Complex. This complex includes a fitness center with state-of-art cardio and weight equipment, and two exercise/dance studios. It is the intention of the department to ITEM J-8) CONSENT AGENDA RESOLUTION Agrement with Complete health and Fitness Concepts Inc. Page 266 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 offer equipment orientation, personal training, fitness consultation and group exercise classes daily to further promote a healthy lifestyle. Current Situation To ensure top quality fitness and health programs, the City deemed it necessary to contract with a qualified firm to provide fitness and exercise management, health promotion, operation, and administration services, on belhalf of the City of Miami Gardens Parks & Recreation Department. The City previously solicited proposals for fitness management under RFP# 09-10-033, but rejected all proposals at the Council meeting of April 14, 2010, as it was discovered that revisions to the scope of work were necessary. These revisions included clarification on the number of fitness related classes offered per week, the usage of City staff to register patrons for additional services, as well as a separate fee, not included in the contract price for personal training sessions. This fee would be be paid by they patron, with 25% of the revenue allocated to the City. In an effort to aquire the services of a qualified management company for the Betty T. Ferguson Recreational Complex fitness center and exercise programs, the City re-solicited proposals. City Staff prepared the scope of work and advertised on May 26, 2010. This contract is for a two (2) year term with City option to renew for two (2) additional, two-year terms. A broadcast notice was sent to 54 vendors. Twelve (12) vendors requested proposal packages. The proposals were opened on June 17, 2010. One (1) proposal was received and evaluated. The proposal was from Complete Health and Fitness Concepts, Inc. (Asbury Park, New Jersey). A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s office for review. The selection/evaluation committee consisted of:Daniel Rosemond, Assistant City Manager; Kara Petty, Parks and Recreation Director; and Christine Carney, Community Center Manager. The committee evaluated the proposal and a committee meeting was held on June 23, 2010 to discuss the evaluation and proposed services. Staff then conducted a reference check and concluded that both the firm and the proposal meet the needs of the City. However, the City and the firm will continue to negotiate services based on the needs of the patrons of the Betty T. Ferguson Recreational Complex. This may include altering the number or types of fitness classes offered. The proposed contract amount will not exceed $147,589.89 for each year of the contract. This includes approximately 72 hours per week of a fitness management representative at the Community Center to assist patrons, along with 12 classes per week (the types of classes will be determined based on customer demand and volume). The City will have the option to renew this contract for two (2) additional two-year renewal terms based upon satisfactory performance and subject to the availability of funds for subsequent fiscal years. Proposed Action: That the City Council approve the award recommendation to Complete Health and Fitness Concepts, Inc. and authorize the City Manager to negotiate and execute an agreement with this company for an amount not to exceed $147,589.89 for each year of the contract. Attachment: • Exhibit A-Evaluation Ranking Sheet Page 267 of 383 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, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH COMPLETE HEALTH AND FITNESS CONCEPTS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR FITNESS MANAGEMENT SERVICES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY SEVEN THOUSAND, FIVE HUNDRED EIGHTY NINE DOLLARS AND 89/100 CENTS ($147,589.89); AUTHORIZING THE CITY MANAGER TO RENEGOTIATE THE TERMS OF SAID AGREEMENT AND RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL TWO YEAR RENEWAL TERMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens will soon open its 54,000 square foot, Betty T. Ferguson Recreational Complex, and WHEREAS, this Complex includes a fitness center with state-of-the-art cardio and weight equipment, and exercise and dance studios, and WHEREAS, it is the intent of the Parks and Recreation Department to offer equipment orientation, personal training, fitness consultation and daily group exercise classes to further promote a healthy lifestyle, and WHEREAS, to ensure top quality fitness and health programs, the City deemed it necessary to contract with a qualified firm to provide fitness and exercise management, health promotion, operation and administration services on behalf of the City of Miami Gardens Parks & Recreation Department, and WHEREAS, the City previously submitted proposals for fitness management under RFP #09-10-033, but rejected all proposals at the City Council meeting held on 1 Page 268 of 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 April 14, 2010, as it was discovered that revisions to the scope of work were necessary, and WHEREAS, in order to acquire the services of a qualified management company for the Betty T. Ferguson Recreational Complex fitness center and exercise programs, the City re-solicited proposals under RFP #09-10-033 A (Revised), and WHEREAS, one proposal was received and evaluated from Complete Health and Fitness Concepts, Inc., located in Asbury Park, New Jersey, and WHEREAS, City staff evaluated the proposed Agreement with Complete Health and Fitness Concepts, Inc., which includes provisions for a two (2) year term with the City’s option to renew for two (2) additional two-year terms, and WHEREAS, the proposed Agreement will be in an amount not to exceed One Hundred Forty Seven Thousand, Five Hundred Eighty Nine Thousand 89/100 Cents ($147,589.89) for each year of the Agreement, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to negotiate and execute that certain Agreement with Complete Health and Fitness Concepts, Inc., attached hereto in substantial form as Exhibit “A,” for fitness management services in an amount not to exceed One Hundred Forty Seven Thousand, Five Hundred Eighty Nine Dollars and 89/100 Cents 2 Page 269 of 383 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 ($147,589.89). The City Manager is further authorized to re-negotiate the terms of said Agreement and renew the Agreement for two (2) additional two-year renewal terms, based upon satisfactory performance and the availability of funds for subsequent fiscal years. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 34 Mayor Shirley Gibson (Yes) ___(No) 35 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 36 Councilman Melvin L. Bratton (Yes) ___(No) 37 Councilman Oliver Gilbert, III (Yes) ___(No) 38 Councilwoman Barbara Watson (Yes) ___(No) 3 Page 270 of 383 4 1 Councilwoman Sharon Pritchett (Yes) ___(No) 2 Councilman André Williams (Yes) ___(No) Page 271 of 383 Comple h d c t I y, ) 18 20 20 RFP#09‐10‐033A Revised EXERCISE AND FITNESS MANAGEMENT AND HEALTH PROMOTION SERVICES June 17, 2010 Complete Health and Concepts, Inc. te Healt an Fitness Con ep s, nc. Evidence of ability, capacity & skill of firm to perform, including timeliness, stability, availability. (Max. 20 points) Clearly demonstrate your understanding of the services to be provided, methodologies for meeting the requirements of this proposal including the hiring of local residents 18 20 20 Services to be provided. (Max. 20 points) Include your detail approach to the City’s services, sample programs, sample brochures, sample schedules, etc. 18 20 20 Successful experience & background in similar services, including financial stability, (Max. 20 points) Background & experience of personnel assigned to City. Include resumes, qualifications, education, certificates (Max. 15 points) 13 15 15 Cost of Services (Max 15 points) Proposer shall submit a not-to-exceed amount for complete execution of the services required in this proposal. Proposer may also include costs for alternate programs or services not covered in this solicitation, alternate programs or services must have a detailed explanation of additional optional services. 15 15 15 Firm(s) with an office located in the City of Miami Gardens for at least 6 months prior to this RFQ. (Max. 5 points) – Copy of Business Tax License required. 0 0 0 Firm(s) who’ve contributed to local school(s) per City Ordinance 2008-20-156 (Max. 5 points) Copy of commitment letter from principal is required. 0 0 0 TOTAL 82 90 90 Page 272 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: 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 Melvin L. Bratton Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JIMMY RAY BURKE TO THE NUISANCE ABATEMENT BOARD FOR A THREE (3) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The attached resolution confirms Councilman Melvin L. Bratton’s appointment of Jimmy Ray Burke to the Nuisance Abatement Board for a three (3) year term, ending July 28, 2013. Proposed Action: The City Council confirms the appointment of Jimmy Ray Burke to the Nuisance Abatement Board by Councilman Melvin L. Bratton for a three (3) year term. Attachment: ITEM J-9) CONSENT AGENDA RESOLUTION Councilman Bratton's appointment to Nuisance Abatement Board Page 273 of 383 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JIMMY RAY BURKE TO THE NUISANCE ABATEMENT BOARD FOR A THREE (3) 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, Councilman Melvin L. Bratton, has appointed Jimmy Ray Burke to the Nuisance Abatement Board for a three (3) year term, and WHEREAS, it is appropriate for the City Council to confirm Councilman Melvin L. Bratton’s appointment of Jimmy Ray Burke. 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 Section 2. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms Councilman Melvin L. Bratton’s appointment of Jimmy Ray Burke to the Nuisance Abatement Board for a three (3) year term, ending, July 28, 2013. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 1 of 2 Page 274 of 383 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ___________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Councilman Melvin L. Bratton MOVED BY: SECOND BY: VOTE: Mayor Shirley Gibson __ (Yes) ___ (No) Vice Mayor Aaron Campbell Jr. _ _ (Yes) ___ (No) Councilwoman Barbara Watson _ _ (Yes) ___ (No) Councilman Melvin L. Bratton _ _ (Yes) ___ (No) Councilman Oliver G. Gilbert III _(Yes) ___ (No) Councilwoman Sharon Pritchett __ (Yes) ___ (No) Councilman André Williams __ (Yes) ___ (No) Page 2 of 2 Page 275 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 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: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: City Manager Office Short Title: A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2010-2011 WITH THE ROLLED-BACK RATE; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On July 1, 2010, the City received the final certification of 2010 taxable value for fiscal year 2011. Pursuant to Chapter 200, Florida Statutes, the City has to provide the Property Appraiser Office no later than August 4, 2010 a proposed millage rate to be levied for fiscal year 2011. The City Manager recommends that the millage rate be the roll‐back rate (generates the same property tax revenue as FY 2010 final taxable value), which is 6.2728. The date, time and place of the first and second public hearings on the proposed millage rate and tentative budget are set by the City Council , it is further recommended that the dates are as follows: Date Time Place First Budget Hearing: _September 8________ 5:30 p.m. City Hall/City of Miami Gardens 1515 NW 167 St., Bldg. 5, #200 Miami Gardens, FL 33169 ITEM K-1) RESOLUTION Fiscal Year 2010-2011 Page 276 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Second Budget Hearing: _September 22________ 6:00 p.m. City Hall/City of Miami Gardens 1515 NW 167 St., Bldg. 5, #200 Miami Gardens, FL 33169 Proposed Action: It is recommended that the City Council approve the attached resolution establishing the proposed millage rate for Fiscal year 2010 – 2011 with the rolled‐back rate. Attachment: None Page 277 of 383 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 OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2010-2011 WITH THE ROLLED-BACK RATE; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 200, Florida Statutes, provides for a uniform procedure for the adoption of ad valorem tax and millage rates associate therewith, and WHEREAS, Section 200.065, Florida Statutes, provides for the adoption of a proposed millage rate, together with the establishment of a rolled-back rate computed pursuant to Section 200.065(1), Florida Statutes, and WHEREAS, on July 1, 2010, the Property Appraiser of Miami-Dade County, Florida served upon the City, a Certification of Taxable Value, certifying to the City its 2010 taxable value and WHEREAS, the City Manager has recommended a budget and a proposed millage that will support the same, based upon the preliminary certified property values provided by the Property Appraiser, and WHEREAS, the provisions of Section 200.065, Florida Statues, require that the City, within thirty-five (35) days of service of the Certification of Taxable Value, furnish to the property Appraiser and Tax Collector the proposed millage rate and the date, time and place at which public hearings will be held to consider the proposed millage rate and the tentative budget, Page 278 of 383 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 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. ADOPTION OF PROPOSED MILLAGE RATE: The City Council hereby adopts and establishes the proposed millage rate for FY 2010/2011 at 6.2728, which is $6.2728 per $1,000.00 of assessed property within the City of Miami Gardens, Florida. Section 3. COMPUTATION OF ROLLBACK RATE: The roll-rate is 6.2728. Section 4. ESTABLISHMENT OF DATE, TIME AND PLACE OF PUBLIC HEARING: The date, time and place of the first and second public hearings on the proposed millage rate and tentative budget is set by the City Council as follows: Date Time Place First Budget Hearing: _September 8________ 5:30 p.m. City Hall/City of Miami Gardens 1515 NW 167 St., Bldg. 5, #200 Miami Gardens, FL 33169 Second Budget Hearing: _September 22________ 6:00 p.m. City Hall/City of Miami Gardens 1515 NW 167 St., Bldg. 5, #200 Miami Gardens, FL 33169 16 Page 279 of 383 Section 4. DIRECTIONS TO THE CITY CLERK: The City Clerk is directed to send the original Certification of Taxable Value and a certified copy of this resolution to the Property Appraiser and the Tax Collector on or before August 4, 2010. 1 2 3 4 5 6 7 8 9 10 11 12 Section 5. EFFECTIVE DATE: This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ______, 2010. 13 __________________________ 14 15 16 17 SHIRLEY GIBSON, MAYOR ATTEST: 18 ______________________ ______________ 19 20 21 22 23 24 25 RONETTA TAYLOR, CMC, CITY CLERK Reviewed by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Danny O. Crew 26 MOTION BY:_________________ 27 28 SECOND BY: __________________ 29 30 31 VOTE: __ 32 33 Mayor Shirley Gibson (Yes) (No) 34 Vice Mayor Aaron Campbell, Jr. ____(Yes) ___(No) 35 Councilwoman Barbara Watson (Yes) (No) 36 Councilman Melvin L. Bratton (Yes) (No) 37 Councilman Andre' Williams (Yes) (No) 38 Councilwoman Sharon Pritchett (Yes) (No) 39 Councilman Oliver Gilbert III (Yes) (No) 40 Page 280 of 383 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 2010 Item Type: (Enter X in box) Resolution Ordinance Other x X Work Order 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: City Hall Financing Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFQ#0809006 Continuing Architectural, Engineering, Surveying & Planning Services – Architectural Services x Sponsor Name Danny Crew, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER IN THE AMOUNT OF THREE MILLION, SEVEN HUNDRED TWELVE THOUSAND, TWENTY-EIGHT DOLLARS ($3,712,028.00) TO URS CORPORATION FOR DESIGN SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF A CITY HALL COMPLEX, IN ACCORDANCE WITH THE AWARD OF A CONTINUING CONTRACT BETWEEN THE PARTIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Last November, staff prepared specifications to retain professional consultants in accordance with The Consultants Competitive Negotiations Act. The Act, Statute 287.055 allows for professional services for ITEM K-2) RESOLUTION Agreement with URS Page 281 of 383 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 work of a specified nature as outlined in the contract required by the agency, the work outlined in the RFQ were projects requiring architectural services which include City Hall, Fleet Facility and Parks. On January 28, 2009, the City Council authorized the City Manager to negotiate and execute a nonexclusive continuing contract with URS Corporation, located in Miami, Florida, for architectural services. On February 25, 2009, the City Council authorized the City Manager to negotiate and execute a nonexclusive continuing contract with URS Corporation, for civil; environmental; structural; electrical and mechanical; and traffic engineering services and planning and surveying services Over the past several months, City staff and City Council’s consultant have been negotiating a work order for URS Corporation to design the New City Hall complex. The work order includes all basic architectural and engineering services and a number of additional services, which may be needed during the design and construction administration period. Attached you will find the detailed work order. The basic cost of the architectural services is $ $2,500,000. This is approximately 6% of the expected construction cost. Other related services that may be needed amount to an additional $852,271. Finally, a 10% contingency is added for a total not-to-exceed amount of $3,712,028. These funds will come from the City’s financing of the City Hall project. Payments are pegged to various phases during the design process. Recommendation: RECOMMENDATION: To award the work order to URS Corporation for City Hall design services. Attachment: Work Order Page 282 of 383 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER IN THE AMOUNT OF THREE MILLION, SEVEN HUNDRED TWELVE THOUSAND, TWENTY-EIGHT DOLLARS ($3,712,028.00) TO URS CORPORATION FOR DESIGN SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF A CITY HALL COMPLEX, IN ACCORDANCE WITH THE AWARD OF A CONTINUING CONTRACT BETWEEN THE PARTIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 25, 2009, the City Council adopted Resolution No. 2009-41-959, which authorized the City Manager to approve a non-exclusive Continuing Contract with URS Corporation (“URS”), located in Coral Gables, Florida for architectural, engineering and related services for the City Hall Complex project, and WHEREAS, the original RFQ for the Continuing Contract included City Hall as a specific project, and WHEREAS, City staff and URS’s architects prepared a scope of services and a schedule of appropriate fees for the proposed City Hall Project, and WHEREAS, the proposed fee for the design services for the stormwater project, which includes Space Planning, design, LEED Services, construction documents and limited construction administration is not to exceed Three Million, Seven Hundred and Twelve Thousand, and Twenty Eight Dollars ($3,712,028.00), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 283 of 383 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue that certain Work Order in the amount of Three Million, Seven Hundred and Twelve Thousand, and Twenty-Eight Dollars ($3,712,028.00) to URS Corporation, for architectural and engineering services for City Hall Project. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _____________________ ____________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 284 of 383 VOTE: _____ Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Oliver Gilbert, III (Yes) ___(No) Councilwoman Barbara Watson (Yes) ___(No) Councilwoman Sharon Pritchett (Yes) ___(No) Councilman André Williams (Yes) ___(No) Page 285 of 383 URS Corporation 7650 Corporate Center Drive Suite 410, Miami, FL 33126 Tel: 305.884.8900 Fax: 305.884.2665 EXHIBIT “A” 20 July 2010 SCOPE OF WORK URS’ Scope of Work consists of architectural and engineering services which include the design and construction administration for a New City Hall complex consisting of a new City Hall, a Police Building, a 500 car multi story parking garage, and public areas. URS understands that it is the City’s goal to obtain a LEED Platinum rating for the new buildings and will employ best practices to achieve a LEED Platinum level during the design process. The LEED Scoring process and practice to be employed during the design and construction process is preliminary in nature, and will be suitable only for accessing the feasibility of obtaining such a rating. Achieving actual LEED certification will depend on several factors, including budgetary decisions by the City, proper documentation by the designer, and the project’s Developer/GC1, as well as acceptance of all documented credits by the USGBC. Because many of the factors are not under URS’ control, URS cannot guarantee that the project will obtain the LEED certification level desired by the City. 1. PROGRAM VERIFICATION: URS will take the preliminary space planning program document provided by the City and proceed to not only validate the preliminary program provided but expand the preliminary program to collect the necessary information required to identify working relationships, space requirements for each department and group, special equipment requirements, furniture requirements, power and data requirements, and any special mechanical or electrical needs within departments and individual spaces. 1.1. URS will use the Preliminary Space Planning Program document provided by the City, dated Revised October 16, 2009, as a starting point. URS will confirm with the City the foundation and supplementary information previously gathered to prepare this document and any additional functional information, but not made part of the the October 16, 2009 document, to be used as part of the Program Verification process. 1.2. After meeting with the City to discuss the foundation of the October 16, 2009 preliminary space planning program document URS will hold a minimum of two “workshops” of which the first will be a series of meetings which the principal stakeholders representing every department within City Hall and the Police group which will occupy the two buildings will attend. The second will be a meeting with the department heads to review the final program based on the information collected and obtain their signoff. 1.3. URS will distribute programming forms to each stakeholder group. Each group will return its completed forms to URS within 5 Working days to prepare a preliminary Program of Requirements (POR). These forms will include space requirements for each individual space requirements for furniture, power, telecommunications, projection, personal filing, department filing, team spaces, and reception area functions among many many other things. 1.4. URS will assist in the preparation of a POR to define functions, FF&E needs and other requirements for the Project. 1 The term Developer/GC is used in anticipation of the City retaining a development team pursuant to RFPCN 10-09-063. In the event that the City does not retain a development team for the project, then this term shall mean Construction Manager (‘CM’). Page 286 of 383 Page 2 of 24 1.5. Review the POR with City to determine current and future goals and functions for their work areas, adjacencies, anticipated growth, aesthetic needs or desires and shall verify completeness of the Furniture requirements. This review includes surveying existing spaces and work methods and documenting file and storage requirements. 1.6. Adjust program accordingly with City’s approval. If the Program results indicate a building size greater than the Preliminary Space Planning Program provided by the City, the City will be advised and provided the opportunity to adjust their space standards. URS will list all potential furniture, power, telephone, and equipment needs for the Project. 1.7. Develop preliminary adjacency and stacking diagrams from the information obtained. 1.8. URS will both meet with the City to review the URS Preliminary Program and submit a signed off copy when the programming phase is complete for their review and approval. 1.9. During the Program Verification phase, URS will provide an assessment and inventory of the City’s existing office furniture with recommendations for relocation, re-use or disposal. Based on this assessment and program requirement review, will provide the City with suggested office/workspace sizes based on need and current industry standards. 1.10. A preliminary LEED worksheet will be prepared at the conclusion of the Program Verification phase and presented to the City identifying the feasibility of attaining a LEED Platinum designation for the project. This document is preliminary and advisory in nature and will be suitable only for accessing the feasibility of obtaining such a rating. Achieving actual certification will depend on several factors, including budgetary decisions by the City, proper documentation by the designer, and the project’s Developer/GC, as well as acceptance of all documented credits by the USGBC. 1.11. URS will submit six (6) copies of the Program Verification Report. 2. SCHEMATIC DESIGN PHASE 2.1. URS will review the approved program and project budget with the City to confirm the requirements of the project and will arrive at a mutual understanding of the requirements with the users. URS will also review with the City and City Developer/GC the alternative approaches to design and construction as they relate to the approved budget and program. 2.2. Based on mutually approved program, budget and schedule, by the City and the Developer/GC, URS will prepare for approval the Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of project components. URS will prepare up to two (2) schemes for presentation. 2.3. As part of the FF&E portion of the services, URS will generate generic office and system furniture layouts and identify potential areas of furniture and equipment procurement. 2.4. In further development of the drawings and specifications during this and subsequent phases of design, URS will rely on estimates of Construction costs which are to be provided by the Developer/GC under the Developer/GC’s agreement with the City. 2.5. The Preliminary LEED worksheet will be reviewed and updated at the conclusion of the Schematic Design Phase and presented to the City identifying the current feasibility of achieving a LEED Platinum designation for the project. 2.6. URS will submit six (6) sets of documents required under this Phase 2.7. Upon completion of the Schematic Design Phase, URS will provide drawings and other documents for the City’s approval and the Developer/GC’s information and pricing per the City’s agreement with the Developer/GC. Page 287 of 383 Page 3 of 24 3. DESIGN DEVELOPMENT 3.1. Before URS starts Design Development, a major review meeting with the Developer/GC will be scheduled to review the Schematic Design program, address on construction methods/costs trade-offs, high value LEED items, the preferred approach to the design and construction of the parking garage and set an agenda to resolve these during Design Development. 3.2. Based on approval by the City of the Schematic Design and any adjustments to the program, construction costs as prepared by the City’s Developer/GC, and schedule approved by the City, URS will prepare for approval of the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the project as to the architectural, mechanical, and electrical systems, materials and such elements which might be appropriate for the Developer/GC’s review and pricing and the City’s approval. The Design Development drawings will be based upon the data and estimates prepared by by the Developer/GC and consist of the drawings and other documents that establish and describe the size and character of the project. 3.3. URS will provide drawings and other documents which depict the current status of the design development for the City’s review and the Developer/GC’s information. 3.4. URS will submit six (6) sets of documents required under this Phase. 3.5. Quality Control (QC) will be performed by independent QC reviewers for each discipline at this phase prior to issuing final Design Development documents. 3.6. The Preliminary LEED worksheet will again be updated at the conclusion of the Design Development Phase and presented to the City identifying the current feasibility of attaining LEED Platinum for the project. This document is preliminary in nature, and will be suitable only for accessing the feasibility of achieving such a rating. Achieving actual certification will depend on several factors, including budgetary decisions by the City, proper documentation by the designer, and the project’s Developer/GC/Contractor, as well as acceptance of all documented credits by the USGBC. 3.7. Upon completion of the Design Development Phase URS will provide drawings and other documents for the City’s approval and the Developer/GC’s information and pricing per the City’s agreement with the Developer/GC. 4. CONSTRUCTION DOCUMENTS 4.1. Based on the approved Design Development documents and any further adjustments authorized by the City in the scope, program, quality of the project or in the construction budget, URS, utilizing product/systems data and estimates prepared by the Developer/GC will prepare for approval by the City, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project. URS will coordinate with the Developer/GC on building systems and materials to be used on the project. As part of the continuing LEED process to attain the Platinum level, URS, along with the enhanced commissioning agent, will continue to offer material suggestions of building systems and materials which will help achieve that level. 4.2. At intervals mutually agreed to with the City, Developer/GC and URS, URS will provide drawings and other documents which depict the current status of the Design Development for the City’s review and the Developer/GC’s information. Page 288 of 383 Page 4 of 24 4.3. URS will provide the Developer/GC progress drawings and other documents at 50% and 85% stages of the Construction Documents for the City’s review and the Developer/GC’s information and pricing per the City’s agreement with the Developer/GC. 4.4. Quality Control (QC) will be performed by independent QC reviewers for each discipline during this phase prior to issuing final Construction Documents. 4.5. Upon completion of the Construction Document Phase, URS will provide drawings and other documents for the City’s review and the Developer/GC’s information and pricing per the City’s agreement with the Developer/GC. 4.6. The Preliminary LEED worksheet will be reviewed and updated at the conclusion of the Construction Document Phase and presented to the City identifying the current feasibility of attaining LEED Platinum for the project. 4.7. URS will submit six (6) sets of 50% documents and six (6) sets of 100% documents including Project Manual. 5. BIDDING 5.1. URS will assist the City and the Developer/GC in attending any pre-bid conferences, responding to bidder’s written questions and issuing any subsequent Addenda required. 5.2. URS will assist the City and the Developer/GC in determining the equality of any suggested substitutions of products prior to the City’s acceptance. 5.3. Issuance of multiple bid packages is not part of the Basic Services. If desired after the Developer/GC is engaged, a detailed fee proposal will be provided for the Additional Service. CONSTRUCTION: 6. CONSTRUCTION ADMINISTRATION URS’ Construction Administration Services will be provided in conjunction with the City’s Developer/GC yet to be designated. URS will submit to the City for approval and the Developer/GC for information, a schedule for the performance of the services below. 6.1 Upon acceptance of the GMP and award of the construction contract, URS will commence their Construction Administration services for the Construction phase. 6.2 URS will provide administration of the contract for construction in cooperation with the City Developer/GC subject to mutually agreeable defined responsibility and scope of work by both parties. Based on URS’ defined role, per section 6.3 and 6.4 below during the Construction Administration Phase, URS will perform periodic on-site construction observation of the Project based on the Construction documents. Their observations shall determine the general progress and quality of work, and whether the work is progressing in accordance with the Construction documents. URS will provide the City with a written report of each site visit in order to inform the City of the progress of the Work. URS will endeavor to guard the City against defects and deficiencies in the work of the Developer/GC, and make written recommendations to the City where the Work fails to conform to the Construction Documents. When notified by the Developer/GC of proposed Substantial completion, URS will conduct a site visit to determine the date(s) of substantial and final completion. A recommendation of final payment will be issued Page 289 of 383 Page 5 of 24 upon successful performance by the Developer/GC of providing complete close out documents according to the Contract Documents. 6.3 URS will visit the site once per month to observe the progress of construction for duration of sixteen (16) months per City’s direction. In addition to the monthly site visit, two (2) additional site visits per discipline are included during construction. 6.4 In addition to the monthly visit, URS will attend milestone inspections, (1) Stakeout, (2) Foundations, (3) Framing, (4) Envelope, (5) Mechanical Systems Commissioning, (6) Interior Finishes installation. Because the City by code is required to obtain a third party, Special Inspector, to attend and certify many of these inspections, and some of these events are on going for extended periods of time, URS will attend one (1) each of these as part of their Construction Administration fee. 6.5 Resident Project Services are not included as part of the Construction Administration fees or scope of work. 6.6 URS will attend a Pre-Construction meeting for the project as well as for LEED issues. 6.6 During the Construction Phase, URS’s LEED team will work with the Developer/GC to review their LEED Implementation Plan and provide a general rating to the City and Developer/GC as “accept/not accept”. The LEED Implementation Plan will be reviewed three (3) times as part of the fee and any subsequent reviews will be considered Additional Services. 6.7 The Developer/GC will be responsible for completing and updating the LEED Letter Templates in LEED online throughout the construction contract. Additional submittals required by LEED 2.2 Documentation Requirements and Submittal Checklists will be uploaded for the applicable credits in LEED Online by the Developer/GC. The LEED Team will review updated LEED Templates, including the additional submittals, and provide comments regarding LEED compliance on a monthly basis. 6.8 The LEED team will also compare documentation progress in LEED Online to the schedule in the Developer/GC’s LEED Project Checklist. This plan will be similar to the LEED Implementation Plan. URS will review up to three (3) credits being changed by the Developer/GC as part of their fee and any additional changed credit reviews will be considered Additional Services. 6.9 URS will prepare a composite punch list after receiving the Developer/GC’s preliminary punch list stating that the project is substantially complete and ready to punch. URS will review the URS completed punch list one (1) time after the Developer/GC has verified the punch list has corrections made. Punch listing will be conducted by each discipline and compiled in a composite document. 6.10 URS will be available by telephone and field visit if required to consult with the Developer/GC on issues which arise in the field. 6.11 URS will not be responsible for verifying or signing the monthly construction payment requisition. 6.12 Commissioning will be done by the City/Developer/GC. 6.13 URS will review and approve shop drawings as called for within the Construction Documents. URS will review two (2) submittals of the same shop drawing as part of the negotiated Construction Administration fee and any additional reviews will be considered an Additional Service. Page 290 of 383 Page 6 of 24 6.14 RFI’s will be responded to within five (5) working days when submitted by the contractor. It is expected that the contractor perform reasonable review of the Construction Documents prior to issuing an RFI. 6.15 ASI’s will be prepared and issued as required as supplemental information to the field when questions arise or as part of response to RFI’s. 6.16 Change Proposals will be reviewed twice if required and upon the City’s approval, Change Orders will be prepared and issued. Any Change Proposal or Change Order which does not directly affect construction cost or contract time, URS will, at no cost, correct the documents and notify the Developer/GC. URS shall only be responsible for those change orders where customary industry standard of care has not been met. 6.17 Review Developer/GC produced Closeout Documents and Record Drawings. ADDITIONAL SERVICES 7. AGREED TO ADDITIONAL SERVICES 7.1 Civil Engineering SCOPE OF SERVICES URS Boca Raton will perform the following scope items. The scope of work will consist of performing professional services as described below and will be coordinated with the project team and designed in an effort to meet the project’s Platinum LEED certification objectives. Task 1 -Paving, Grading and Drainage Plans Paving, grading and drainage design of the access driveway(s), all site areas (except areas within the building envelope, including any at grade or below natural grade parking areas) will be provided based upon preliminary engineering design to meet the minimum elevations for flood protection. No modifications to adjacent roadways (additional turn lanes, etc.) are included in this scope of services. Traffic studies and topographic surveys required to support these improvements are not included in this scope of services. If requested, URS Boca Raton can provide these services under a separate services agreement URS Boca Raton will design the storm water treatment/attenuation facilities to be contained on-site together with an onsite outfall system to a point of of discharge to the City drainage system (if allowed). Additional storm water quality treatment by exfiltration trench and storm water collection system may be required for this development and will be designed under this task. The total required length of exfiltration trench will be determined and the final trench design together with potential underground storm sewer collection/storage systems will be incorporated into the development of the final plan. A Storm Water Management Plan will be prepared in accordance with the requirements of the Miami-Dade Department of Environmental Resource Management and the South Florida Water Management District. The paving, grading and drainage components will be coordinated with the project team and designed in an effort to meet the project’s Platinum LEED certification objectives. Page 291 of 383 Page 7 of 24 Task 2 – Potable Water, Fire Protection and Sanitary Sewer Plans Potable Water/Fire Protection Final Design for potable water and fire protection distribution systems will be provided for the master pipe network required to service the entire site including the points of connection to existing mains within the adjacent street right-of-ways. The lateral extensions to serve the buildings will be incorporated into the development of the final site infrastructure plans in this scope of services. Appropriate DDCVs (fire lines), fire department connections (dry or wet system to be coordinated with City’s MEP Consultant’s) or fire hydrants and BFPs (potable water) with water meters will be provided in the design. All services will be designed to within 5’ of the edge of the proposed buildings. Sanitary Sewer Collection Final design for the sanitary sewer collection system will be provided for the gravity sanitary sewer system to service the entire parcel including the point of connection to the existing gravity sanitary sewer system within the adjacent road right-of-way. It is assumed that the connection will be to an existing gravity sanitary sewer line and/or manhole abutting the property and that the existing sanitary system is adequate to handle flows from the total development. This assumption will be verified with the utility City, prior to beginning design work. The lateral extensions to serve the buildings will be incorporated into the development of the final site infrastructure plans in this scope of service. All services will be designed to within 5’ of the edge of the proposed buildings. The water and sanitary sewer system components will be coordinated with the project team and designed in an effort to meet the project’s Platinum LEED certification objectives. Task 3 – Pavement Marking and Signage Plans URS Boca Raton shall provide final design plans and specifications for all onsite pavement markings and traffic related signage. All directional, entrance and commercial signage is not a part part of this scope of services. Task 4 – Erosion Control Plan URS Boca Raton will develop plans to identify applicable soil erosion control measures to be implemented prior to construction. The soil erosion control plan or storm water pollution prevention plan is intended to be utilized by others to obtain the Florida Department of Environmental Protection (FDEP) National Pollutant Discharge Elimination System (NPDES) permit for construction. Task 5 – Site Civil Opinion of Probable Construction Costs URS Boca Raton shall prepare an opinion of probable construction cost (OPCC) in the preliminary design phase and update the OPCC at the final design phase. Task 6 – Permitting Support URS Boca Raton will provide support for permitting activities with the following agencies or government departments: • City of Miami Gardens Building Department Page 292 of 383 Page 8 of 24 • Miami-Dade County Health Department • Miami-Dade County Water and Sewer Department • Miami-Dade County Department of Environmental Resource Management • South Florida Water Management District • Florida Department of Transportation Permitting Support is limited to attendance at three (3) total permit review meetings and responses to one (1) round of municipal agency permit application review requests for additional information (RAI’s). Any responses to additional RAI’s (after the first set of comments) would be considered as Additional Services. Task 7 – Construction Administration URS Boca Raton will provide construction phase services for the site/civil components of the work, in an effort to meet the project’s Platinum LEED certification objectives, including: • Attendance at the Pre-Construction Meeting • Review Shop Drawings • Conduct no more than 7 site visits, as the activity requires, to inspect site/civil components • Address Contractor RFl’s • Conduct Pre-Final Inspection • Prepare Punch List • Conduct Final Inspection • Review Contractor’s Record Drawings • Construction Completion Documents and Final Certification Letter Additional Services Services not identified in the scope of services and performed at the request of the City will be considered Additional Services. Additional Services are typically resultant from extensive revisions or significant change requests generated by the City or a regulatory agency. If any of the following services are required or any variations in the scope of services, URS Boca Raton will either provide these services on a time charge basis or, if requested, will prepare a separate proposal for the work. These services may include, but not be limited to, items such as: • Surveying services for boundary, topography, elevations and tree surveys; • Special requests by lending institutions or other parties not essential to completing the work described in the scope of services; • Concurrency approval for utilities, storm water, traffic, etc. with municipal agencies including Miami-Dade Water and Sewer, Miami-Dade Department of Environmental Resource Management, Miami-Dade County, the Florida Department of Transportation. • Offsite utility extensions and offsite infrastructure design; • Design of water wells, retaining walls, bridges or signage; • Design of a sanitary sewer lift station; • Easement or right-of-way vacation or dedication services, • Storm water modeling, • Planning or engineering services associated with planning reviews such as an application for development approval (ADA/DRI) or site plan review by the Miami Gardens Development Review Committee (DRC); Page 293 of 383 Page 9 of 24 • Redesign services, including revisions to analysis or plans due to revisions dictated by the City after URS Boca Raton work has been completed; • Services associated with the fast tracking of the planning, design, permitting or construction of the project; this would include extra meetings and coordination, early and/or extra submittals, issuance of separate construction plan packages, etc.; • Variances or special approvals; • Services associated with the preparation, submission, and processing of any permit application. URS Boca Raton will notify the City in advance of any efforts that are outside the scope of services for this project and will provide an estimate to complete the Additional Service task(s). City Responsibilities The City will be responsible for providing the following: • Legal description, boundary and topographic survey (including tree survey) of the property. • Final draft of proposed site plan. • Permit application fees. • Legal services, if required. • Cityship and encumbrances report. • Final coordination and contractual arrangements with the appropriate utility companies as required for the design and installation of telephone, electric, gas and cable television services. • Dimensional plans of proposed building structures. • Program development, project criteria or proposed design requirements. • Available site data, including all relevant site plans (AutoCAD 2005), as-built surveys and soils data if available. • City’s project development schedule/timeline including submittal milestones (see Contract Period below). • Property City name, including individual, corporation name, signatory title, corporate officer, partnership information, etc. as required. • Name of association responsible for common areas, maintenance, etc. • Name of Mortgage holders and names of officers of that institution that are responsible or authorized to execute the mortgages consent. This requires a minimum of one Vice President and one other officer. • Name of attorney and title insurance company representative who will sign the title certification. • All information supplied by the City will be assumed to be complete and accurate. 7.2 Traffic Analysis – PURPOSE The purpose of this document is to describe in general the broad scope of work and the responsibilities of URS in connection with the preparation of a traffic study to evaluate the traffic impact associated with the proposed New City Hall. STUDY OBJECTIVE In order to analyze the traffic associated with the proposed New City Hall we propose to perform the following tasks: 1. Data Collection: Page 294 of 383 Page 10 of 24 a. Four-hour turning movement counts (TMC), including pedestrian movements at selected street intersections, b. Twenty four-hour directional approach counts along selected street corridors, c. Coordination with your office and other members of the city staff, d. Coordination with City for review and permitting requirements, and e. Field review of the site and surrounding areas. 2. Determine the projected traffic growth for the future years using the historic traffic growth patterns and reasonable assumptions. 3. Perform capacity analysis of street links and intersections using Synchro traffic analysis software. 4. Calibrate and refine the traffic analysis by collecting travel time data. 5. Assist with public meeting by preparing and presenting the findings. 6. Prepare a report summarizing our methodology, analyses and conclusions for your use in submitting to Miami-Dade Public Works Department. Note the number of meetings is restricted to ‘three’; attendance at any additional meetings shall be be negotiated as a supplement to this proposal. End Products URS shall submit to the City five (5) copies of the Traffic Impact Study. 7.3 Surveying Services – Boundary Survey 1.0 Horizontal Control & 27.02 Vertical Control • Horizontal Control will be established on the Florida State Plane Coordinate System, East Zone, and North American Datum (NAD) of 1983 /1990 Adjustment. • Vertical Control will be established on NGVD 1929 vertical datum. 2.0 Topographic and Boundary Survey • A boundary survey will be performed as per approved boundary limits. All parcels, easements, etc. as shown on recorded plats will be plotted. All boundary lines will be identified and monumented as per above-mentioned standards. • The topographic portion of the Boundary survey will include all specific items stated on scope of services on attached PDF including all above ground features and improvements will be located including: fences, walls, buildings, and appurtenances, fire hydrants, manholes, catch basins, meters, valve boxes, existing lighting, pavement markings, trees, visible above ground utilities, and drainage structures (including rim elevations), etc. • Tree survey will be performed for all trees with 4” caliper. Tree spread, height and common name (if known) will be shown. 3.0 Cross Sections • Elevations will be established on a 50-ft grid along the entire property and including crown of road on all adjacent streets. The existing building finish floor elevation will be obtained. 4.0 Drainage Survey • Drainage structures will be located. The survey will identify the type of structure, rim elevation, pipe invert elevation, pipe materials, direction, size and condition. Note: In cases were structure is full of water and or sediment, MGV will visit said structures a maximum of 2 visits; if structures is still un-accessible, said structure will be noted as such in survey. Page 295 of 383 Page 11 of 24 Cardno TBE will perform utility designations and locates with the blue boundary as depicted within “Survey City Hall Area pdf” provided by M.G. Vera and Associates. 1.0 Utility Designation • Cardno TBE will horizontally mark and identify known underground utilities that are represented on as-built plans (if available), above ground appurtenances, and other miscellaneous utility records within the project site. Conductive utilities will be marked utilizing geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing radio and audio frequencies. Known nonconductive utilities and/or structures will be marked utilizing 2-d radar, above ground features, professional judgment, utility plats and/or as-builts. 2.0 Utility Locating • Cardno TBE will perform test holes (up to 10) at locations to be determined by the design engineer. Cardno TBE will notify Sunshine One-Call 48 hours in advance of excavation. Vacuum Excavation will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of minimum size (usually 1’ by 1’). These Test holes will provide horizontal coordinates, vertical elevations, size, type, and material (Test Hole Report). Backfill of test holes will be performed utilizing material removed, if suitable. Areas will be restored back as close as possible to their original condition. Test holes performed in the street/parking lot will be patched using cold patch. Basic maintenance of traffic (signs, cones) will be included. 7.4 Geotech – New Miami Gardens City Hall 1.0 INTRODUCTION The URS Boca Raton office will perform a Preliminary and updated Final Geotechnical Investigation for the proposed Miami Gardens City Hall, Miami Gardens, Fl. This proposal is of an initial preliminary nature at this stage of the project development as the nature and the footprint of the new structure is yet undefined. The recommendations to be initially provided will be of sufficient extent so as to allow the project conceptual and preliminary structural design to proceed. This report will be capable of being upgraded to a final report at a later date once the project design, building footprint and structural loading information become well defined. Initial indications are that the structure will likely be no more than 4 stories in height with an attached parking garage. LEED certification may well result in the roofs or the upper levels of the structures being used for green space applications. 2.0 SCOPE OF WORK The purpose of our geotechnical investigation is to explore the subsurface conditions underlying the project site, and to develop preliminary and final recommendations for foundation design for the proposed structures. Our initial preliminary phase study will include the following tasks: 2.1 Field Investigation For the initial geotechnical study, we propose to drill a total of five (5) borings to a depth of 60 feet each. We plan to drill four borings in the corners of the existing site and one in the center of the project area, albeit drill rig access and utility conflicts permitting. Page 296 of 383 Page 12 of 24 The borings will be drilled with a truck-mounted drill rig using rotary wash methods. In each boring, continuous soil samples will be recovered within the upper 10 feet, and every 5 feet thereafter using a Standard Penetration Test (SPT) split-spoon sampler. Soil and rock samples obtained throughout the field program will be examined in order to establish site stratigraphy. Groundwater levels will be measured at the completion of drilling operations at each boring location. Borings will be grouted up upon completion of the drilling and sampling activities. We will administer the drilling subcontract and provide a senior engineering inspector to observe drilling and field classify retrieved soil and or rock samples. Our proposal assumes that the proposed boring locations will be accessible to a truck-mounted drill rig, and that City access to the site and boring locations will be provided to us at no additional cost. We assume also that the right-of-entry to the property has been secured from the present City(s). URS will clear boring locations prior to drilling as required by state FAC regulations. 2.2 Preliminary Engineering Analysis and Report Preparation To begin the engineering portion of the work, URS will review the site Phase 1 report and any other geotechnical related information available for the site. Based upon the results our field investigation, we will perform engineering analyses and develop preliminary engineering conclusions and recommendations regarding the geotechnical aspects of site development and foundation design and construction. The results of our study will be presented in a written preliminary report that will address the following: 􀂃 Subsurface conditions at the site including ground water levels measured at the time of drilling. 􀂃 Preliminary recommendations for feasible foundation types for the proposed building and parking structure, as well as for any associated lightly loaded structures such as privacy walls signage and miscellaneous fountains. 􀂃 Discussions of structural foundation settlement and anticipated foundation performance. 􀂃 Site preparation and grading recommendations including the use of on-site material. 􀂃 Construction considerations such as existing foundation removal, subgrade preparation for floor slabs, dewatering and excavation safety. 􀂃 Dewatering considerations including actions necessary to mitigate dewatering related impacts to any nearby offsite environmental contamination source. 􀂃 Recommendations for pavement designs. 2.3 Final Engineering Report Preparation As the project design evolves and once structural foundation designs and loadings become well defined, URS will review foundation loading and design information provided by the buildings structural engineer and will update our preliminary Geotechnical report to a Final status for the more current data. Based on our extensive south Florida experience, we do not anticipate the need for any additional site borings for the Final report however, we reserve the right to recommend such additional work as a change in scope/cost to this proposal should site conditions uncovered by the preliminary phase work indicate significantly variable conditions exist on the site. We will prepare and submit a Final Geotechnical Report suitable for building permitting support purposes with the applicable building departments. This report will be signed and sealed by a registered Page 297 of 383 Page 13 of 24 professional in the state of Florida highly experienced in the foundation design requirements for such structures 7.5 FF&E – New Miami Gardens City Hall 1.0 FF&E Scope of Work2 1.1 PROGRAMMING AND PROJECT ORIENTATION PHASE 1.1.1 Assist in the preparation of a Program of Requirements (POR) to ascertain functions, FF&E needs and other requirements for the Project. As a part of development of the POR, URS will provide guidance on appropriate office standards for functional configuration, office size, adjacencies, and furniture/equipment standards. The standards will become a part of the Project Planning documentation and will be used in developing and confirming the parameters of the overall Project Program. 1.1.2 Review the POR with City to determine current and future goals and functions for their work areas, adjacencies, anticipated growth, aesthetic needs or desires and shall verify completeness of the Furniture requirements. This review includes surveying existing spaces and work methods and and documenting file and storage requirements. In addition, existing furniture and equipment will be inventoried potential for re-use documented. 1.1.3 Adjust program. List all Furniture needs for the Project. 1.2 SCHEMATIC DESIGN PHASE 1.2.1 Establish overall direction for project furnishings with planning team members. 1.2.2 SD plans consisting of 1/4" or 1/8" scale floor plans and information indicating the planning of all Using Agency functions and design intents. Draft CAD floor plans. 1.2.3 Conduct working sessions with the identified user representatives to review the floor plans and revise the drawings as required 1.3 DESIGN DEVELOPMENT PHASE 1.3.1 Develop the design for the Project and make initial furniture selections for each product type. Conduct working sessions with the identified user representative(s) to review proposed furniture items for the project. A. DRAWINGS • Space planning layouts depicting all furniture items. • Select elevations and other drawings indicating the location of all FF&E items. • Indicate all new versus existing FF&E and all other items needed for planning reference within the interior space. B. FURNITURE SELECTIONS – • Develop recommendations for selections of furnishings including fabrics and finish options for all furniture. • Coordinate with Building materials and finishes. 1.3.2 Develop outline specifications of all new furniture items. The specifications shall indicate all quantities, room assignments, sizes, options, finish selections, and all other pertinent information. 2 The following scope of work assumes URS is involved performing FF&E work as the project is being designed. the City does not exercise this Additional Service at the start of the project, the individual line items will change to reflect the state of the project at that time. Some decisions made in the early stages of design regarding office space standards may have an adverse impact on FF&E selections. Page 298 of 383 Page 14 of 24 1.3.3 Coordinate and organize Furniture presentations including presentation boards, mockups, site tours, manufacturer presentations or combinations of the above or whichever may be necessary to make selections for FF&E. 1.3.4 Provide information to the City regarding furniture cost estimate. 1.3.5 City meeting to obtain signature approval on the final DD documents. *** Per direction provided during the fee negotiation, the City may desire to procure final design services for procurement of the FFE for the Project from another source. As a result the following services are not included in the fee proposal. If desired these services can be provided for an equitable adjustment in fee. 2.1 CONTRACT DOCUMENTS PHASE 2.1.1 FF&E DRAWINGS – Final furniture plans for all new Furniture; reference within the interior space, keyed to specifications. 2.1.2 FURNITURE SPECIFICATIONS -Final furniture specifications started in the DD and shall include all information regarding complete product numbers, options, finishes and materials. 2.1.3 Develop furniture cut sheet and furniture material documentation. 2.1.4 City meetings to obtain signature approval on the final Contract Documents 2.1.5 Issue final Contract Documents 2.1.6 Coordinate with City regarding telephone and communication 2.1.7 Coordinate with teammates regarding data and electrical 2.1.8 Coordinate with teammates regarding all other architectural issues 2.2 BIDDING AND NEGOTIATION PHASE 2.2.1 Issue requisitions for purchase, and distribute Drawings and specifications to prospective bidders. 2.2.2 Respond to questions from bidders. 2.2.3 Preparation of any addenda 2.2.4 Review bids/quotes for compliance with specifications. Check item quantities and parts for completeness on all orders. 2.2.5 Summarize bids and package for submittal to City for City processing of purchase orders. 2.3 CONTRACT ADMINISTRATION 2.3.1 Contract Administration will commence with the award of the Contracts and terminate after the furniture punch list is complete. 2.3.2 Visit Visit the construction site to observe details affecting the later installation of Furniture and to observe finish material installations and other construction details affecting the FF&E work. Communicate and coordinate any conditions and concerns affecting the work. 2.3.3 Review and approve all shop drawings, sample submittals and other submissions of the Vendor and take appropriate action regarding these. 2.3.4 Monitor the status of Furniture orders with each Vendor and shall schedule all installations in accordance with the schedule of the Construction Completion. 2.3.5 Conduct a pre-installation meeting with all vendors prior to the installation. Review the delivery schedule, delivery procedures, access to the site and the building, review of installation drawings, review of conditions at the site, parking and any revisions which have occurred. 2.3.6 Oversee the Furniture installations and check each for conformance with the Contract Documents. Page 299 of 383 Page 15 of 24 2.3.7 Prepare written punch lists showing items that require correction or completion by the Vendor. Upon completion, provide written documentation that the work has been completed and final payment should be approved for each Contract. 2.3.8 Conduct closeout inspections and walk the site with the City for final inspection. 2.3.9 OTHER ADDITIONAL SERVICES 􀂃 Providing special product analysis or post occupancy evaluations. 􀂃 Preparing drawings, specifications and other supporting data in connection with the preparation of Change Orders that are required by causes not within the control of the Interior Designer. 􀂃 Providing professional services made necessary by the default of the Contractor/Vendor in the performance of the work or by major defects or deficiencies in the work of the Contractor/Vendor. 􀂃 Providing services with respect to the project after final payment to the Contractor/Vendor. 􀂃 Providing selection or specification services related to building materials and finishes. 􀂃 Providing professional services regarding equipment and non-furniture items including but not limited to artwork and signage. 7.6 LEED Certification – New Miami Gardens City Hall LEED Certification Process Management Based on direction provided during fee negotiation, URS will provide management and oversight of the process of preparing and submitting the LEED Certification Application for the Miami Gardens City hall project. The LEED Certification Process Management will include the following minimum scope of work: Goal: To establish project design criteria and to coordinate the preparation and submittal of LEED Certification documentation application required to obtain LEED Platinum Certification from the U.S. Green Building Council for the Project. ACTIVITIES: 1.0 ENERGY MODELING 1.1 Assess the energy and economic performance of a number of energy saving design features that could be integrated into the proposed design. These energy saving design alternatives will be identified during the Programming process. Activities will include: a. Create an energy model of the building as a means of defining the baseline energy performance of the building. Page 300 of 383 Page 16 of 24 b. Individually incorporate potentially viable energy saving design strategies, identified during the Project Definition meeting or conference call, and calculate the annual energy savings resulting from these energy saving design strategies. c. Create a number of design “packages” based on the individual measure analysis conducted in previous activity b, and calculate the annual energy savings resulting from each package of energy saving design strategies. d. Organize the results of the individual and package analysis of the energy saving design strategies into a brief report or PowerPoint presentation for presentation to the designated stakeholders in the Project. e. Present the results of the individual and package analysis of the energy saving design strategies, and determine which individual or package of measures is most appropriate for inclusion in the recommended design solution. f. Incorporate the selected energy saving design strategies (from previous activity “e”) into a new energy model and calculate its performance and energy savings compared to the baseline building and to ASHRAE 90.1 – 2004 Appendix G. g. Prepare a report that summarizes the results of the preliminary design of the building. 2.0 PROGRAMMING, SCHEMATIC AND DESIGN DEVELOPMENT PHASES Activities will include the development and refinement of the sustainable design strategies, and the definition /specification of the targeted LEED credits. Inclusion of the selected sustainable design strategies (applicable LEED credits) in the plans and specifications and tracking of individual LEED credit compliance will be initiated. 2.1 Organize and conduct a meeting, or conference call, to address the LEED assessment of the current design; to make recommendations for achieving additional LEED credits; to develop a plan for evaluating and integrating those LEED criteria deemed appropriate and achievable for the project; and to make a presentation of LEED Certification documentation requirements. 2.2 Identify specific Design Team responsible parties/contacts and a delivery schedule for each phase providing documentation demonstrating compliance with each selected LEED criterion. 2.3 Develop a comprehensive LEED task list assigning responsible parties and identifying critical dates, deliverables, actions associated with all targeted LEED credits. 2.4 Conduct assigned special investigations and analyses in support of the sustainable design of the design solutions. 2.5. Assist the Design Team members in understanding where to integrate the targeted LEED criteria into the revised plans and specifications and provide tools to perform preliminary calculations substantiating compliance with the LEED criteria. 2.6 Review plans and specifications throughout each phase to ensure proper implementation and documentation of the selected and integrated sustainable design features. Send comments and recommendations to the Design Team. 2.7 Set up the LEED online webpage for the project. 3.0 CONSTRUCTION DOCUMENT PHASE: The Construction Documents Phase activities focus on the integration of the selected sustainable design and construction strategies into the plans and specifications and the preparation of other documentation--narrative, calculations, templates -which substantiates compliance with the targeted LEED criteria. Additionally, at the conclusion of the Construction Documents Phase, the “Design Phase” LEED Certification Application is prepared and submitted to the USGBC through the LEED on-line submittal process. Page 301 of 383 Page 17 of 24 3.1. Participate in a Construction Documents Phase Kick-off Meeting, or conference call, with the Design Team to review the overall design--architectural, structural, mechanical, electrical, and sustainable design; to confirm the LEED Scorecard and Certification documentation requirements; to assign/review on-going responsibility for providing/revising documentation which demonstrates compliance for each LEED criterion; and to establish a LEED Certification process time-line during the Construction Documents and Construction Phases of the project. 3.2 Review plans and specifications throughout Construction Documents preparation to ensure adequate documentation of the selected and integrated sustainable design features. Send comments and recommendations to the Design Team. 3.3 Assist selected Design Team members to prepare other required LEED Certification submittals, not normally included in traditional construction documents. Provide examples of the LEED Certification documentation to facilitate the efficient preparation of the requested information. 3.4 Assist the design team in assembling final "Design Phase" LEED Certification documentation into the USGBC’s LEED on-line platform, and review for completeness and quality. Where information is found to be missing or quality lacking, contact the responsible individual to resolve the deficiency. 3.6 Prepare a final “Design Phase” LEED Scorecard based on prepared Design Phase Certification documentation which reflects the sustainable design features integrated into the final design solution. 3.7 Officially submit via LEED on-line, the completed “Design Phase” LEED Certification Application to the U.S. Green Building Council. 3.8 Coordinate Design Team responses to questions or clarification requests from the U.S. Green Building Council LEED review team. Where possible, URS staff will formally respond to questions or requests from the USGBC review team. 4.0 CONSTRUCTION ADMINISTRATION PHASE: The Construction Administration Phase activities are concerned with the construction team’s compliance with the LEED criteria and review and submittal of the “Construction Phase” LEED Certification Application to the USGBC through the LEED on-line submittal process. 4.1 Conduct a site visit early during the construction process to meet with the on-site Project Team representative, the DEVELOPER/CM, and appropriate subcontractors to review the targeted LEED criteria and to ensure proper documentation is and will be maintained. Project Team construction administration and design staff will be responsible for gathering all required information from the general contractor (and installing subcontractors) needed to substantiate compliance with each construction related LEED criterion. In particular, the DEVELOPER/CM will be responsible for maintaining and completing the LEED calculator for the Material and Resource credits. However, URS LEED Certification coordination staff will work with the DEVELOPER/CM and other team members to ensure that all required LEED related documentation is being properly collected and documented. URS’ responsibility will be to inform the DEVELOPER/CM and City Representative of non-compliant performance. The DEVELOPER/CM will be responsible for implementing corrective action in this phase. 4.2 Coordinate with the assigned individual from the DEVELOPER/CM all design-related, siterelated and construction-related LEED Certification requirements. The General Contractor will need to establish policies and procedures to capture and record information needed to demonstration compliance with the construction-related LEED criteria. Page 302 of 383 Page 18 of 24 4.3 Respond to subcontractors questions as needed regarding directions for completion of LEED Submittal Cover Sheets and information requested by the DEVELOPER/CM. 4.4 Review preparation by the DEVELOPER/CM of all “Construction Phase” LEED Certification documentation, and advise of non-compliance if necessary. The DEVELOPER/CM will be responsible for corrective action that may be required. 4.5 The DEVELOPER/CM will assemble all "Construction Phase" LEED Certification documentation into the LEED Certification Application on-line platform, and review for completeness and quality. 4.6 The DEVELOPER/CM will submit via LEED on-line, the completed “Construction Phase” LEED Certification Application to the U.S. Green Building Council. 4.7 Coordinate Construction Team responses to questions or clarification requests from the U.S. Green Building Council LEED review team. The DEVELOPER/CM or URS will be responsible for responding to USGBC review comments as appropriate. 5.0 DELIVERABLES: Energy Modeling: 5.1 Prepare a written report or PowerPoint presentation on the individual and package energy saving strategy analysis results. 5.2. Prepare a summary report on the results of the energy analysis undertaken on the preliminary design of the building. Design Development Phase: 5.3. Prepare meeting minutes from all meetings and telephone calls. 5.4. Prepare letter reports summarizing comments and recommendations on plans and specifications in regards to compliance with each LEED criterion and proper documentation of compliance with each LEED criterion. 5.4 Prepare a LEED Design Development Phase task list with responsible parties for Design Phase LEED credit documentation activities. Construction Documents Phase 5.5 Prepare a timeline for LEED Certification documentation preparation, and Project Team responsibilities for preparing and providing documentation demonstrating compliance to each LEED criterion. 5.6 Prepare letter reports summarizing comments and recommendations on plans and specifications in regards to compliance with each LEED criterion, and proper documentation of compliance with each LEED criterion. 5.7. Update the LEED Scorecard and to include recommendations for maximizing LEED credits achievable. 5.8 Submit (via on-line platform) the “Design Phase” LEED Certification Application to the U.S. Green Building Council to formally review documentation for LEED Certification. 5.9 Prepare formal responses to U.S. Green Building Council questions or requests for additional information during the formal LEED compliance review process. Construction Administration Phase Page 303 of 383 Page 19 of 24 5.10 Review general contractor-developed LEED Construction – related documentation to substantiate compliance with the LEED criteria, with specific comments and recommendations back to the responsible project team member. Schedule: 5.11 Prepare a complete schedule for completing all LEED defined activities in cooperation with the City Project Manager. 7.7 Enhanced Commissioning – New Miami Gardens City Hall Scope: Project: Miami Gardens New City Hall/Police Building: LEED Commissioning (“Project”) The Spinnaker Group, Inc. (“Consultant”) is pleased to provide a proposal to provide Professional Services for URS Corporation. (“City”) concerning the Project by providing LEED credit EAc2 -Enhanced Commissioning or LEED Prerequisite Fundamental Commissioning. Commissioning will be performed on the entire Project including, but not limited to, the Project’s systems which are defined as energy using systems by USGBC. The Commissioning Services will consist of the following, which are broken down between Fundamental Commissioning and Enhanced Commissioning. The City can elect whether it wishes to obtain Fundamental Commissioning or Enhanced Commissioning. Such election should be made by not later than Design Development Project Understanding New City Hall: 63, 024 sf. -New Police Building: 58,189 sf. -New Multistory Parking Garage for approximately 500 vehicles. The Fundamental Commissioning Services of the Commissioning Services consist of: 1.0 Develop Commissioning Requirements for the Project. It is not the responsibility of the Consultant to incorporate the Commissioning Requirements into the Project plans. 2.0 Meet with the Project general contractor, design architect and City to explain the commissioning process for the Project, including: (i) Provide written answers to questions from the City, design architect and contractor on commissioning questions prior to City’s execution of the contract of construction for the Project; (ii) Provide answers to questions from the City, design architect and contractor after execution of the contract of construction for the Project. 3.0 Develop a Commissioning Plan for the Project which will incorporate comments from the City, the design architect and all other consultants involved in the design and development of the Project (the “Design Team”) and the Project contractor. 4.0 Verify that Energy Consuming Systems (HVAC, lighting, domestic hot water) Installation of the Project meet requirements of the USGBC, including: (i) Development of Pre-Functional Tests; (ii) Development of Functional Tests; (iii) Observation and acceptance of Pre-Functional Tests; (iv) Observation and acceptance of Functional Tests; and (v) TAB (Test and Balance) reports; Page 304 of 383 Page 20 of 24 5.0 Prepare Commissioning Management Report (Commissioning Final Report). The Report shall include an executive summary, list of participants and their roles, brief description of the Project, and thorough text on each of the following sections: (i) Design Intent; (ii) Basis of design; (iii) Pre-functional checklists are complete; (iv) Functional checklists are complete; (v) TAB (Test and Balance) reports; (vi) System schematics; (vii) Control strategies and set points; and (viii) Deficiency Log. The Enhanced Commissioning Services of the Commissioning Services consist of: 6.0 Document City's Project Requirements and Basis of Design; 7.0 Perform a focused design review which shall include the following: a) input regarding making the Project easier to commission; b) how building maintenance can be made easier (accessibility and system control, etc.); c) are systems consistent with design intent and d) how utility usage and Indoor Environmental Quality can be improved; 8.0 Meet with the Project general contractor, design architect and City to explain the commissioning process for the Project, including: (i) Provide written answers to questions from the City, design architect and contractor on commissioning questions prior to City’s execution of the contract of construction for the Project (ii) Provide answers to questions from the City, design architect and contractor after execution of the contract of construction for the Project. 9.0 Review and recommend for approval, disapproval or conditional approval submittals by the Project general contractor, applicable to systems being commissioned for compliance with Commissioning needs; 10.0 Develop a Systems Manual and deliver same to City; 11.0 Develop Re-Commissioning Manual for future City occupants to ensure systems continue to operate in optimal conditions; 12.0 Verify Training of Systems Operating Personnel and of Tenant Space Occupants; and 13.0 Provide a contract for post occupancy review. (ii) Development of Functional Tests; (iii) Observation and acceptance of Pre-Functional Tests; (iv) Observation and acceptance of Functional Tests; and (v) Observation of Test and Balance. The Consultant agrees to provide the Commissioning Services in a timely manner so as not to cause the Project to be delayed because of the Commissioning Services. Smoke Evacuation system testing and life safety system are specifically excluded from this contract. Page 305 of 383 Page 21 of 24 7.8 Landscape – New Miami Gardens City Hall LANDSCAPE ARCHITECTURAL SERVICES URS landscape architectural staff will utilize principles of sustainable planning and design (e.g.: water and energy conservation; alternative energy sources; natural cooling and ventilation; water re-use; recycled local materials; renewable resource materials; etc.), principles of Crime Prevention Through Environmental Design (CPTED: e.g.: natural surveillance, territorial reinforcement, and glare-free, natural color security lighting, etc.) and principles of universal access (the more stringent mandated Florida Building Access Code requirements) throughout the planning and design process. The scope of the landscape architect’s work may include, but not be limited to: exterior ground plane treatments; plantings, site furnishings (bicycle racks, drinking fountains, bollard, lights, signs, benches, trash receptacles, flag poles, sculpture, food concession facilities, etc.) green walls, green roofs, irrigation, exterior exterior evaporative cooling techniques, rain harvesting, daylight harvesting; channeling of cooling breezes, reduction of urban heat island effect, solar and wind powered lighting, creation of places for people and their desired activities (people watching, sitting, playing, shopping, eating) and public places that symbolize the City’s unique sense of place, and the values of its residents and leaders, and the image and identity ( the diverse vibrancy of a “Miami “and the scale, beauty and ecological sustainability of “Gardens”) that the City wants to project to its guests and visitors. The major phases of the landscape architectural work shall include, but not be limited to: Task 1 -Preliminary Development Program and Site Review URS landscape architectural staff will review the City of Miami Gardens Development Program and assess the site’s physical conditions, utilities, existing vegetation, and relationship to adjacent, or nearby land uses, features and facilities. URS landscape architectural staff will also assess the land development and environmental regulatory opportunities and constraints that relate to the site. During this phase and subsequent phases public area design approaches and standards proposed by the Developer/GC (and adopted by the City) for an cohesive linkage of physical spaces between public and private development areas will reflected in the landscape services to be performed. Task 2 -Schematic Design Development URS landscape architectural staff will collaborate and coordinate with project architect, site civil engineers and the City’s designated Developer/GC to develop, up to three, alternative landscape architectural conceptual plans. Particular attention will be paid to the potential connectors to the adjacent sites, public access points, plans, and overall urban public space design guidelines/standards adopted by the City in conjunction with the anticipated collateral private redevelopment of the adjacent shopping center property. An order-of-magnitude opinion of probable construction costs will be developed for each plan alternation. The alternatives will be presented to the City for review, evaluation and selection. All schemes will incorporate features which try to assist in the goal of attaining the City’s goal of LEED Platinum certification. URS landscape architectural staff will use the approved selected preferred alternative conceptual plan and develop a schematic landscape architectural plan that will begin to establish construction requirements to achieve the desired results illustrated in the conceptual plan. A preliminary outline of specifications will also be developed. The opinion of probable landscape architectural construction costs will be updated. The schematic package of drawings and cost estimate will be submitted for review and approval in coordination with all other URS services. Page 306 of 383 Page 22 of 24 Task 3 -Landscape Architectural Design Development Using the approved schematic plans, URS landscape architectural staff will develop the final 100% complete Design Development plans, details and specifications, and prepare an updated opinion of probable landscape architectural construction costs. The 100% complete package will be submitted for review and approval in coordination with all other URS services. Task 4 -Landscape Architectural Construction Documents Using the approved Design Development plans, URS landscape architectural staff will develop the final 100% complete Construction Documents, details and specifications, and prepare an updated opinion of probable landscape architectural construction costs. The 100% complete package will be submitted for review and approval in coordination with all other URS services. Task 5 – Permitting It is our understanding no specific landscaping permit is required. URS landscape architectural staff will, if such additional services are required and authorized: by the City, collaborate and coordinate with project team members and assist, as required, with scoping meetings; preparation of permit applications; pre-submittal meetings; and respond to agency Requests for Additional Information (RAIs). Task 6 -Landscape Architectural Construction Services URS landscape architectural staff will provided responses to landscape architectural questions that may be raised at a pre-bid conference (8 hours). The bids received shall be reviewed and recommendation submitted (8 hours). A pre-construction meeting for the selected contractor awarded the work will be attended by one of URS’ landscape architectural staff (8 hours). Approved suitable plant material will be tagged at nurseries (24 hours). Shop drawings for landscape architectural elements shall be reviewed (40 hours). The testing of the irrigation system will be observed (8 hours). The location, depth and condition of planting pits and beds will be observed prior to plant installation (8 hours). Installed plant materials shall be observed (24 hours). Prepared pavement sub-bases will be observed prior to paving (24 hours). The staked location of site features and furnishings will be observed prior to installation (24 hours). Landscape architectural work punch lists will be prepared (24 hours). Landscape architectural project close down will be completed (24 hours). Additional Services Professional services that are not specifically identified in the above scope of professional services are not covered under this agreement, but may be authorized in writing to be provided as additional services. If any of the following services are required or any variations in the scope of services, URS will either provide these services on a time charge basis or, if requested, will prepare a separate proposal for the work. These services may include, but not be limited to, items such as: • Scoping, preparation and processing of an Application for Development Approval for a Development of Regional Impact (ADA/DRI); • Development Review Committee (DRC) process (preparation of preliminary site plan, existing site conditions, and proposed development exhibits; and participation in informal preliminary DRC meeting and formal DRC presentation); Page 307 of 383 Page 23 of 24 • LEED certification services and the design of any non-standard, innovative, sustainable facilities and/or systems; • Community Involvement Program (CIP) development, implementation, and/or facilitation; • Florida Department of Transportation (FDOT) permit applications and/or processing for landscape, irrigation, lighting, utility, driveway and/or drainage; • South Florida Water Management District (SFWMD) permit applications and/or processing for storm water drainage and/or consumptive water use. • Miami-Dade County (MDC) Department of Environmental Resources Management (DERM) permits for storm water drainage, wells, and/or tree removal; • Meeting and coordination with highway and transit professionals regarding the integration of traffic and transit facilities with the project; • Work outside the property’s legal boundaries; • User Identification, user needs identification, program development; and • Overall conceptual plan development. • Surveying services for boundary, topography, elevations and tree surveys; • Special requests by lending institutions or other parties not essential to completing the work described in the scope of services; • Easement or right-of-way vacation or dedication services, • Mechanical, electrical, or structural engineering services, • Wetland related services; this could include actual delineations and surveys for agency review/approval as well as any mitigation design/permitting; • Redesign services, including revisions to analysis or plans due to revisions dictated by the City, URS, or other consultants (MEP engineer, etc.) after work described above has been completed; • Services associated with the fast tracking of the planning, design, permitting or construction of the project; this would include extra meetings and coordination, early and/or extra submittals, issuance of separate construction plan packages, etc.; • Variances or special approvals; • Services associated with the preparation, submission, and processing of any permit, that includes, but not limited to tree removal permits; driveway permits; utility permits, environmental resource permits and building permits. URS will notify the City in advance of any efforts that are outside the scope of services for this project and will provide an estimate to complete the Additional Service task(s). City Responsibilities The City will be responsible for providing the following: • Legal description, boundary and topographic survey (including tree survey) of the property. • Permit application fees. • Legal services, if required. • Final coordination and contractual arrangements with the appropriate utility companies as required for the design and installation of telephone, electric, gas and cable television services. • Available site data, including all relevant site plans (AutoCAD 2005), as-built surveys and soils data if available. All information supplied by the City will be assumed to be complete and accurate. Page 308 of 383 Page 24 of 24 7.9 Local Artist Allowance Account – New Miami Gardens City Hall An Account Allowance has been set up in the event the City wishes to engage a local artist to design a piece of art which would be incorporated into the final building design. URS will coordinate with the artist to the extent the piece is incorporated into the final design. This account is drawn upon only with the City’s permission. 7.10 Radon Testing Allowance Account – New Miami Gardens City Hall An Account Allowance has been set up in the event the City wishes to have the buildings tested. This account is drawn upon only with the City’s permission. PROJECT MANAGEMENT 8. PROJECT MANAGEMENT ADMINISTRATION 8.1 URS’ Project Management Administration is provided with one concise point of communication. The URS Project Manager will be the focal point of communication between the City and the Developer/GC for the entire project. Each design entity has a specific department head who reports to the Project Manager. 8.2 The project Management Team will be as follows: Project Manager, Ty Shinaberry, Lead Designer, Jim Brennan, Project URS, Phil Paulin, Structural Engineer, Mark Zimpelman, Mechanical Engineer, Mike Wood, Electrical Engineer, Ashok Maheshwari, Civil Engineer, Brett Oldford, Landscape, Chris Masey, and Geotech, Tom Mullin. 8.3 The URS Project Management Administration team shall be vested with the authority to act on behalf of URS. If any person is unfit for their duties, or the City, in its reasonable discretion, deems any person unfit for their duties, then URS will remove that person from the project upon demand from the City. The replacement for person(s) so removed shall be subject to City’s prior written approval, which shall not reasonably be withheld. Page 309 of 383 4 EXHIBIT "B" 20-Jul-10 Fee Schedule Overall Design Fees Work Phases Programming/Due Diligence Phase $ 168,000.00 Schematic Design Phase $ 315,000.00 Design Development Phase $ 525,000.00 Construction Documents Phase $ 1,050,000.00 Bidding Phase $ 42,000.00 Construction Phase $ 400,000.00 Total Fees $ 2,500,000.00 Direct Cost $ 22,300.00 Conditions/Terms: 1. Fees are to be invoiced and paid by Phase. Any Phase extending past 30 days will be invoiced monthly, pro rata to work then completed. 2. The City shall retain 10% of each invoice, until completion of each specicifed Phase of the Scope of Work. 3. Once a Phase has been completed and the City has accepted the work product, URS will invoice for the retention. 4. Direct costs will be invoiced pro rata monthly by Design, $1,250/month for 10 months and Construction, $595/month for 16 months. 5. Fees for "Additional Services" are to be invoiced and paid consisent with 1-3 above, except where there are specific work products to be provided (e.g. Traffic, Site Survey, and Geotechnical); where specific work products are to be provided, invoicing and payment, without a retention, shall occur after submission and acceptance of the work product. 6. Direct Costs include Internet Document Control WebSite, printing, reproduction plots, scans and standard form documents except six sets at milestone events, postage handling and delivery, and project related expences. 7. E&O Insurance will be increased from $1M to $2 M. Additional Services Traffic Study/Signalization $ 35,000.00 Civil Engineering $ 221,600.00 Security/EOC Technology Design $ 62,000.00 LEED Certification (Platinum 80 points +) $ 87,000.00 FF&E $ 106,000.00 Landscape Design $ 135,300.00 Enhanced Commissioning $ 69,471.00 Site Survey $ 13,400.00 Geotechnical work $ 18,500.00 Local Artist (Allowance Account) $ 100,000.00 Radon Testing (Allowance Account) $ 4,000.00 Total $ 852,271.00 Page 310 of 383 4 5 ti tart ti ti ti pa d d tion) Thi EXHIBIT "B" 20-Jul-10 Fee Schedule 1 This fee schedule is based on the following assumptions: The hard construction budget for the Project has been defined by the City as a maximum of $36,500,000. In the event that a higher level of design and associated increase in construction cost is desired and approved, and to the extent that those increased budget criteria affect the AE effort, an equitable adjustment in fee will be negotiated. The City has also indicated that the Design Phase should be 40 weeks (10 months) in duration and Construction will be 64 weeks (16 months) in duration. All fee elements that include periodic meetings or site visits are based on those durations. We have included fees for attendance by AE design staff at a weekly coordination conference call, during design, with a duration of 2 hours. We have included fees for site visits during construction based on a single person one day observation visit per month, two single person visits per discipline to review construction progress and one single person, two day punch list visit per discipline. 2 It has been assumed that the Contract Documents will be issued as a single "For Construction" set. If multiple bid packages are required (Mass Excavation/Site Prep, foundations, long lead equipment, etc.) there are additional tasks, packaging and document control efforts that will be required. In the event that the City's Developer/GC determines that multiple bid packages are required, URS will evaluate the additional effort required and prepare a detailed proposal of additional labor and direct costs for review by the City. It is assumed that an equitable adjustment will be made to the Work Order to accommodate any additional effort associated with these tasks. Depending on the size, scope and complexity of these packages the additional costs could range from $10k to $30k. 3 URS has included effort for estimating/quantity take offs in support of a third party Developer/estimating process. We have assumed that URS will provide estimates (with appropriate levels of contingencies) at the completion of Program Validation and an 85% level of completion of the CD submittal. It is assumed that major design revisions will not be required after the DD level of completion as a result of any on-going developer budget validation process. After that level of design completion, the estimated construction cost reductions will include the costs of the associated changes in design work or redesign. 4 It is assumed that weekly team meetings will be held by conference call during design and construction phases. The PM will be available for all conference calls. Additional architectural and engineering attendance will be available if required. Milestone reviews (Concept, SD, DD and CD) will be held in the URS Miami office. URS will attend a Kick-off meeting site visit. To facilitate coordination, reviews and team coordination, URS proposes use of an internet project management and document control system. To that end, we have included costs (in the Estimated Direct Costs page) to cover costs of a file server such as Prolog or Buzzsaw for the duration of the Project. This duration from start of design to dura on, s completion of construction is anticipated to be 26 months. (10 months of design and 16 months of construction). This is shown as a line item in the Direct Costs summary. In the event that this service is not desired or will be provided by the Developer/GC, this item will be deleted. 6 Traffic Study is limited to impacts caused by the Project under this scope of work 7 Items listed as Allowance Accounts are estimates only, to be confirmed with additional definition of scope. These costs will not be expended or exceeded without prior approval by the Client Page 311 of 383 4 by the site EXHIBIT "B" 20-Jul-10 Fee Schedule 8 For the purposes of developing this fee schedule, the design fees indicated include design of parking control components consisting of ticket dispenser, traffic control arms and parking attendant booth. Additional automated parking controls are considered an additional service and can be provided with an equitable adjustment in the fee, if required. 9 Fees presented here include efforts associated with the design of LEED Platinum components of the Project. A LEED Checklist will be developed in the Concept Design Phase defining credits targeted by the design to achieve the 80 credits necessary for Platinum Accreditation. As not all checklist items are approved by USGBC upon their review, an additional number of credits "targets" will be identified. While URS will work diligently with the Developer, Contractors, the City and USGBC, this proposal does not constitute a guarantee of LEED Platinum Accreditation 10 In the interest of providing the most economical design fee possible, URS anticipates that the parking garage will be a precast structure and design will include functional layout, geometry , and performance specifications for the precaster. Detailed design of CIP superstructure and PC elements will be a part of the performance specifications. Detailed design for foundation and grade supported structures/pavements will be included in the URS Contract Documents. 11 The fee for FF&E covers preparation of office planning standards for use in Programming with regard to efficient office layouts by function. The FF&E work will include concept development for generic systems furniture layouts and identification of necessary equipment acquisition. An assessment and inventory of existing furniture will be performed along with recommendations for relocation./reuse of suitable existing furniture. It is understood that the City may want to contract with a 3rd party for completion of FF&E procurement documentation. In the event that the City decides to request the completion of these design services from URS, a detailed proposal will be prepared for review and an equitable adjustment in AE fees will be made. 12 The additional services itemized above as "Additional Services" are anticipated to be included in the URS Contract. Compensation for those services with a approved written scope and fee will be added to the Work Order with a 5% processing fee added for only subconsultants. For those additional services which are noted as Allowance Account, any work listed under those will be done with express direction not to be exceeded without prior written approval City The Civil Engineering fee is based on the assumption that adequate utility infrastructure is available at the boundaries of the site. Sanitary, storm, water and other utilities extensions design beyond the limits of work are not part of the scope. 13 The current URS Contract with the City of Miami Gardens (Nonexclusive Continuing Professional Agreement) includes requirements for Resident Project Inspection Services as defined by paragraph 2.12. This fee schedule is based on the description of Construction Administration support services described in the proposal and includes periodic site observation services in the frequency described in this Scope of Work. Resident Engineer Inspection Services are not included in the fee schedule. 14 The fee proposal includes estimated amounts for Direct Costs (reproduction, travel, etc.) itemized below the fees. Exact quantities are not known at this time. These direct costs are an estimate and will not be exceeded without prior written approval 15 We have no known program requirement, at this time, for provision of any food service facilities. As a result we have not included fees associated with providing design for any concession/food service facility or associated specialty design. If this should be required, we can provide an appropriate fee proposal based on some additional definition of scope. 16 We have no known requirement for supplemental Project support associated with with Public Hearings, Community presentations, etc. that might be associated with a Public outreach effort. If this is required, we can provide an appropriate fee proposal based on some additional definition of scope. The scope of work does include up to four (4) presentations to City Council as requested by the City. Page 312 of 383 Page 313 of 383 Page 314 of 383 Page 315 of 383 Page 316 of 383 Page 317 of 383 Page 318 of 383 Page 319 of 383 Page 320 of 383 Page 321 of 383 Page 322 of 383 Page 323 of 383 Page 324 of 383 Page 325 of 383 Page 326 of 383 Page 327 of 383 Page 328 of 383 Page 329 of 383 Page 330 of 383 Page 331 of 383 Staff Monthly Report June -July 2010 CITY MANAGER • Finished preparing the proposed FY-11 budget document. • Met in negotiation session with the City’s consultant and URS to work on the architectural contract for City Hall. • Met with ATS regarding new red light camera locations. • Worked on closing the 2010 budget gap. Like other cities, we have been facing a significant reduction in revenues this year and are working to reduce expenditures to match. • Met with Area City Managers and the County Manager for our quarterly meeting in North Miami Beach. • Reviewed Branding campaign with staff to determine the next step. • Attended pre-bid meeting on City Hall developer Proposal. • Began work on the briefing document for Moody’s and Fitch rating agency visits in late July and early August. • Attended pre-deposition hearing on a traffic death case. • Met with Jay Fiedler & others of concerning the future of Jazz in the Gardens. FINANCE DEPARTMENT (Patty Varney) 1. Assisted City Manager in balancing the FY 2011 proposed budget. 2. Assisted City Manager in preparing the FY 2011 proposed budget documents to the Council. 3. Worked with Police Department in establishing dynamics and set up for their new software “Telestaff” to be able to import to the City’s payroll system. When this software is fully implemented it will provide better accountability and control in police payroll processing. 4. Worked with Code Enforcement division to try to establish a tracking mechanism by Eden system on Code Enforcement daily fines. 5. Reported all ARRA required financial reports at the beginning of July. ITEM M-1) REPORT City Manager's Monthly Report Page 332 of 383 1 Attached is the financial report and analysis for the month of June. Revenue and expenditures should reflect a 75%. 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. On July 1, 2010, the City received the final certification of taxable value for calculation of 2011 ad valorem tax revenue. This certification also reflects the final taxable value of the City for FY 2010 after any adjustments due to error and appeals made to the Valuation Adjustment. The final value for FY 2010 is $324,039,060 a reduction of close to $180 million reflecting a loss of approximately $930,000 in ad valorem tax. The proposed budget submitted by the City Manager for FY 2011 reflects that the City General Fund may recognize a deficit of $1.3 million. Finance will continue to close monitors the revenues received and the expenditures of the departments for the remaining of the fiscal year. As of June 30, 2010, the City has total investments in the amount of $9,404,291. Of this amount, $3,804,291 is with Wachovia which is available cash to fund for the operating expenses. The City holds a CD with the Bank of America in the amount of $2.6 million earning 0.16%. This is a requirement from our bond requirement and that is the highest and safest rate of return the City can obtain. The other investment is with Community Bank of Florida, a $3 million certificate of deposit earning 1.18%. The City still has approximately $44,942.25 in market value with the State Board of Administration and $142,313 in tax certificates with Dade County. FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Property Tax 1 23,089,178 20,599,261 89.22% 23,608,249 21,326,527 90.34% Utility Tax 2 11,276,242 6,241,236 55.35% 9,890,000 6,271,482 63.41% Franchise Fees 3 5,809,802 793,604 13.66% 5,476,428 796,896 14.55% Permits/License Tax/Other Fees 4 1,925,000 1,510,715 78.48% 1,830,000 1,418,954 77.54% Intergovernmental Revenue 5 11,624,716 6,277,805 54.00% 10,739,309 6,224,081 57.96% Charges for Services 6 3,231,509 3,444,204 106.58% 2,955,046 2,212,480 74.87% Fines & Forefeitures 7 2,537,000 2,902,079 114.39% 1,251,000 1,459,825 116.69% Miscellaneous Revenues 7 1,535,000 1,412,892 92.05% 1,010,000 836,494 82.82% Non-Operating Revenues 11,150,450 1,171,709 10.51% 18,442,948 7,602,878 41.22% TOTAL 72,178,897 44,353,506 61.45% 75,202,980 48,149,617 64.03% 1 July 1 certification from Property Appraiser office reflects the final taxable value for FY 2010 drops by $179 million, reducing revenue by $940K. 2 Telecommunication and Electricty utility tax are coming in lower than budgeted as well as lower than the same period of time in the last fiscal year. May recognize a shortfall of $740,000 for this fiscal year. 3 Electric franchise fees which consists of 71.5% of the budget in this catgeory is received once a year in around August. Due to shortfall in electric utility tax, the City may also experience a shortfall in Electric franchise fee by approxmiately $400,000 4 Increase in Permits/License revenues when compared to FY 2009 is mainly attributed to increase in revenue generated under Certificate of Use, and the new fee established for Certificate for Re-occupancy. 5 Revenue dervied from State Revenue Sharing and half cents sales still lagging compared to budget. Recent state projection for State Revenue Sharing effective July 1, 2010 reflects an increase of approximatley $29,000 per month. Revenue received in FY 2010 is higher than FY 2009 which is mainly attributed to the reimbursement of police overtime by the Byrne Grant. 6 This category reaches over 100% which is mainly attributed to Jazz in the Gardens. This revenue received exceeds the budget by approximately $598,000 7 Increase in this category is mainly attributed to the fines collected for the "Red Light Camera". 8 Miscellaneous revenues is much higher in FY 2009 due to the loan proceeds of $7,300,000 for the purchase of the Warren Henry property. GENERAL FUND Revenues as of June 30, 2010 Page 333 of 383 2 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 39,685,639 30,912,880 77.89% 37,437,696 28,465,750 76.03% 2 6,581,205 5,177,524 78.67% 8,012,926 5,460,962 68.15% 3 225,817 148,536 65.78% 8,536,294 8,034,449 94.12% 93,730 39,051 41.66% 0 0 0.00% 16,378,120 11,904,195 72.68% 11,337,147 8,052,485 71.03% 9,214,386 0 0.00% 9,879,517 0 0.00% TOTAL 72,178,897 48,182,185 66.75% 75,203,581 50,013,646 66.50% 1 There is 7 remaining pay period for FY 2010. The percentage expensed should be73%. The higher percentage being expensed is attributed to under estimate of police salaries and overtime, and two full time positions in the Recreation department. 2 Expenditures are higher than than 50% is attributed to the expenditures spent for Jazz in the Gardens. When compared to FY 2009, the expenditure for the same period of time is actually is little bit lower in FY 2010 3 Expenditures was higher for FY 2009 than FY 2010 is mainly attributed to the purchase of the Warren Henry property. Other Uses Emergency Reserve Build Up Expenditures as of June 30, 2010 GENERAL FUND 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 1,471,233 63.01% 2,295,000 1,440,890 62.78% Permits/License Tax/Other Fees 95,000 46,158 48.59% 5,000 3,510 70.20% Intergovernmental Revenue 2 1,008,514 529,543 52.51% 754,750 541,031 71.68% Charges for Services 5,200 1,346 25.89% 282,082 208,056 73.76% Miscellaneous Revenues 3 29,969 4,909 16.38% 26,000 9,497 36.53% Non-Operating Revenues 986,166 377,606 38.29% 970,814 33,834 3.49% TOTAL 4,459,849 2,430,794 54.50% 4,333,646 2,236,817 51.62% 1 Local Option Gas Tax distribution is lagging by one month. The revenue is slightly lower than projected as it should reflects 66.66% of budget. May experience a shortfall of $95,000 for year-end. 2 State fiscal year ends June 30. The State will have to performed a true up for State Revenue sharing, which means a reconciliation of what the State received and the actual amount the City should receive. Usually, City will be receiving the June distribution and any true up in late July or early August, therefore, reflecting a lower percentage of collection in this category. Currently, staff is projecting a shortfall of approximately $50K in State Revenue Sharing 3 Miscellaneous revenues is lower than FY 2009 due to lower cash flow and interest rate of return. TRANSPORTATION FUND Revenues as of May 30, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget $1,992,146 1,464,826 73.53% 1,764,107 1,306,714 74.07% 1 $604,626 482,308 79.77% 892,096 564,483 63.28% $119,804 15,418 12.87% 46,346 15,599 33.66% 2 $0 0 0.00% 298,878 298,878 100.00% $1,743,273 1,078,922 61.89% 1,332,220 778,538 58.44% TOTAL $4,459,849 3,041,474 68.20% 4,333,647 2,964,212 68.40% 1 Higher expenditure percentage is mainly due to purchase of road and landscape materials. 2 QNIP debt payment is budgeted in the Debt Service Fund for FY 2010, therefore, no debt payment is being reflected. TRANSPORTATION FUND Other Uses Debt Service Expenditures as of June 30, 2010 Personnel Expenses Operating Expenses Capital Outlay Page 334 of 383 3 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 2,345,034 1,707,998 72.83% 2,613,919 2,016,232 77.13% 247,949 140,581 56.70% 236,449 165,794 70.12% 13,189 1,478 11.21% 19,377 2,594 13.39% 1,642,139 835,240 50.86% 1,005,477 749,012 74.49% TOTAL 4,248,311 2,685,296 63.21% 3,875,222 2,933,631 75.70% 1 Expenditures in this category is lower than FY 2009 is mainly attributed to the re-organization of the department in the FY 2010 budget with staff reduction. Expenditures as of June 30, 2010 Personnel Expenses Operating Expenses Capital Outlay Other Uses DEVELOPMENT SERVICES FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1,416,245 1,017,162 71.82% 1,329,131 955,473 71.89% 4,641,778 3,041,673 65.53% 3,307,137 2,384,562 72.10% 1,468,339 1,256,103 85.55% 1,828,554 1,033,423 56.52% 1,664,741 1,119,930 67.27% 1,989,344 879,668 44.22% TOTAL 9,191,103 6,434,868 70.01% 8,454,166 5,253,126 62.14% All categories of expenditures are within budget allocation Other Uses Expenditures as of June 30, 2010 GENERAL SERVICES FUND Personnel Expenses Operating Expenses Capital Outlay 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 2,322,093 95.60% 1,724,000 1,758,175 101.98% Charges for Services 2 0 2,109 100.00% 222,000 60,680 27.33% Miscellaneous Revenues 6,100 1,268 20.78% 38,626 9,322 24.13% Non-Operating Revenues 1,813,211 1,181,213 65.14% 1,890,496 1,123,909 59.45% TOTAL 4,248,311 3,506,682 82.54% 3,875,122 2,952,086 76.18% 1 More permit activities in FY 2010 reflecting in higher revenues, especially permits issued for Calder's construction and over $200,000 permit fees received from the City of North Miami Beach for their water treatment plant. 2 Charges for services in FY 2009 is for the surcharge by the State and the County. This is not a revenue source for the City as the amount collected has to be remitted to the County or State. In In FY 2010, fees collected are recognized at the balance sheet and not as a revenue. DEVELOPMENT SERVICES FUND Revenues as of May 30, 2010 Page 335 of 383 4 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 471,551 341,661 72.45% 347,719 218,578 62.86% 1 335,858 189,306 56.36% 190,001 59,288 31.20% 25,150,722 5,169,319 20.55% 67,696,191 14,764,319 21.81% 818,606 140,721 17.19% 666,106 490,956 73.71% TOTAL 26,776,737 5,841,007 21.81% 68,900,017 15,533,141 22.54% All expenditures are within budget allocation CAPITAL PROJECTS FUND Expenditures as of June 30 2010 Personnel Expenses Operating Expenses Capital Outlay Other Uses 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 46,160 115.40% 300 16,075 5358.33% Grant 163,275 0 0.00% 100,000 0 0.00% Charges for Services 2 3,395,000 1,812,739 53.39% 3,395,000 1,887,359 55.59% Miscellaneous Revenues 74,643 35,112 47.04% 25,000 32,793 131.17% Non-Operating Revenues 3 1,399,331 76,290 5.45% 0 0 0.00% TOTAL 5,072,249 1,970,301 38.84% 3,520,300 1,936,227 55.00% 1 More permitting fees were issued in FY 2010 2 Due to current economy collection of stormwater fees is lagging. 3 This category includes the drawdown of bond proceeds for the purchase of a front-end loader. Revenues as of May 30, 2010 STORMWATER FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 862,495 617,720 71.62% 639,738 439,862 68.76% 1,015,617 661,100 65.09% 1,352,503 495,284 36.62% 617,263 189,172 30.65% 308,485 398,852 129.29% Debt Service 665,889 250,358 0.00% 657,474 209,064 31.80% 1,910,985 490,583 25.67% 562,100 241,273 42.92% TOTAL 5,072,249 2,208,933 43.55% 3,520,300 1,784,336 50.69% Expenditures as of June 30, 2010 Personnel Expenses Operating Expenses Capital Outlay Other Uses STORMWATER FUND Page 336 of 383 5 HUMAN RESOURCES (Taren Kinglee) • Completed re-orientation of Policies and Procedures for employees. • Staff assisted Parks & Recreation with fitting of Personal Protection Equipment. • Consultation with outside council through Florida League of City regarding pending litigations including deposition for cases. • Responded to several public records request. • Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Crichton) MAJOR INITIATIVES MANAGED FY 11 Budget Prep: • Revised Departmental Budgets for Police Department, School Crossing Guard, Information Technology, Building and Code Compliance. Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 704 366 371 250 139 67 209 279 968 443 Positions Advertised 7 5 5 2 2 3 1 1 5 9 4 Interviews Conducted 60 54 37 68 61 15 29 16 18 90 Pre-employ Physicals 27 8 18 9 18 6 10 7 53 15 Background/Reference Checks 10 9 4 167 103 13 13 46 5 8 New Hires 13 8 2 2 7 6 1 1 48 4 Workers Comp Claims 22 18 7 15 16 14 23 21 17 18 Exit Interviews 1 2 1 1 1 1 2 1 1 0 Promotions 4 1 0 0 0 0 0 1 2 0 Page 337 of 383 6 • Met with Commissioner Jordan to provide status on the City’s negotiations for the CITT funds in FY 11. Urban Area Security Initiative Administration: • Completed 2006 -2009 UASI project status review and prepared revised status worksheet for lead agency. • Attended Urban Area Security Initiative National Conference in New Orleans. Red Light Camera Program Transition • Meet with County Clerk of Courts staff to address the transition to Uniform Traffic Citation System of processing. • Work with ATS to negotiate new contract for City Council consideration • Prepared agenda item for New Dangerous intersections Ordinance • Prepared agenda item for Addendum to ATS contract Education Compact/Miami Gardens Excellence in Education 501C3 • Completed timeline and scope of services for consultant to the Miami Gardens Excellence in Education Council 501-c-3. • Held preliminary conversations with consultant, city attorney and finance director re: the startup structure and administration for the 501 c-3 Capital Projects • Worked with Commissioner Jordan’s Office to secure the transfer of funds for the Betty T. Ferguson Recreational Complex • Researched the feasibility of obtaining Historic preservation general obligation bond funds to support the renovation of the proposed Miami Gardens Historical Society Building. Code Compliance • Established budgets and scope and timeline for the job creation through lot clearing and board program. LEGISLATION PREPARED (NON LEGAL) • AvMed Medical Insurance Renewal • 2006 UASI Grant Extension Page 338 of 383 7 • 2007 UASI Grant Extension • Lien Amnesty Program Caps • Vacant Property Registry program –Revised MISCELLANEOUS PROJECTS ASSIGNED • Jazz in the Gardens Negotiations • Community Garden Research • Online Credit Card Payment Web Extension • Business Improvement District Research • Staff Communications Forum • Branding Campaign • Conducted 6 Our Promise Orientations EXTERNAL MEETINGS • SFWMD Tour of City • UASI Work Group Meeting • ATS re: Red Light Camera Contract • Real Estate Investor Meeting • Commissioner Jordan re: CITT • Saunders Entertainment Group and JBF Entertainment POLICE DEPARTMENT (Chief Matt Boyd) TOTAL BUDGETED POSITIONS: 258 TOTAL HIRED TO DATE: 254 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 28 Sergeants • 158 Police Officers (1 vacant position) • 10 Community Service Aides (1 vacant position) • 16 Telecommunications Operators • 2 Telecommunications Supervisors • 1 Telecommunications Manager • 1 Records Supervisor • 3 Records Clerks (1 vacant position) • 1 Executive Secretary • 6 6 Administrative Assistants • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 1 Crime Analyst (1 vacant position) • 1 Administrative Analyst Page 339 of 383 8 • 1 Investigative Assistant • 1 Crime Scene Supervisor • 5 Crime Scene Technicians Dr. Danny O. Crew July 15, 2010 Page 2 The monthly activity for the Operations Division for the month of June 2010 is as follows: ARRESTS: • FELONY 74 • MISDEMEANOR 212 • TRAFFIC 354 • DUI 07 • WARRANT 39 TOTAL ARREST 686 CITATIONS: • MOVING 530 • NON-MOVING 1093 • PARKING 117 TOTAL 1740 FIELD INTERVIEW CARDS 1977 TOTAL CALLS RESPONDED TO 7664 REPORTS WRITTEN 1941 TRAFFIC CRASHES 361 The monthly activity for the Support Services Division for the month of June 2010 is as follows: Property and Evidence, Number of property items processed: 378 -Property Receipts Processed 18 -Property Receipts Rejected 14 -Property Released 71 -Property out to Lab 0 -Property to be Disposed Page 340 of 383 9 6 -Lab Runs to MDPD $2,168.00 -Cash Impounded 26 -Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,251 /Walkup Requests at Window 972 /Mail Logged In 544 /Fingerprints 29 /Background Checks 100 /Amount Collected At the Window $110,055.82. Number of calls received by dispatch: CAD Calls = 10,616 /Phone Calls = 3,058 (possible issue with reporting software/reported to Chaz in IT)/FCIC Entries = 245 /Training hours = 70 hours. Overtime Hours = 354 Temp Hours = 0 Court Liaison and Off-Duty 738 subpoenas stamped and placed in the officers’ mailboxes. 306 off duty personnel processed and entered into Eden for payroll processing. 2 off duty vendor requests processed. 78 dispositions stamped and placed in the officers’ mailboxes. The monthly activity for the Investigations Division for the month of June 2010 is as follows: Arrests – Total: 428 Felonies – 132 Misdemeanor – 168 Truants Returned-0 U.S. Currency Seized – $0 Vehicles Recovered – 19 Vehicles Recovered Value-$454,000.00 Vehicles Processed-5 Property Recovered Value-$2,400.00 Firearms Seized – 11 Search Warrants 1 Total Cases Assigned 425 Closed 198 (+43 UNF) Rate 51.8% Scenes Processed by Crime Scene Investigations Unit-129 Capital Improvement Projects (Brandon DeCaro) Page 341 of 383 10 Administration Items: • V. Nelson and B. DeCaro submitted all required information to the County Staff for transfer of GOB Grant Funds into appropriate active project. Letter requesting GOB transfer was sent from the City Manager. County requested additional information and a revised letter was issued. New GOB contracts are pending. • V Nelson and B. DeCaro submitted all required information to the County Staff for transfer of GOB Grant Funds for the FF&E for the MG Community Center. Additional information was submitted to the County on 4/13/10. County distributed proposed contract to City with some unacceptable terms. Meeting with Commissioner Jordan was held on 5/25/10 to resolve contract issues. New GOB contract were approved by the City Council during the June 23rd meeting. Public Meetings: • Brandan DeCaro attended the Miami-Dade Board of County Commissioner’s meeting on 7/08/10 to answer questions regarding the new GOB contracts. Art in Public Places (AIPP): Planning Phase – Christina Goetzman • Miami-Dade County Art in Public Places Staff has submitted letter designating funds to be released to the City for Scott Park ($3,900.00), Brentwood Park (11,494.36) & A. J. King Park (11,997.40). Meeting will be held with Vernita Nelson and staff to discuss options for allocation of funds. • Miami-Dade County AIPP Staff has submitted proposal for assisting the City in the implementation of AIPP at Miami Gardens Community Center. Meeting with staff to discuss terms of proposal took place on 11/23/09. Revised proposal submitted by County on 11/30/09. An agenda item was approved by the City Council at the meeting on 01/13/10. • Item was approved by the City Council during the 01/13/10 Council Meeting. Acceptance Letter mailed to Miami-Dade County AIPP on 05/03/10. • Kick-off meeting with Miami-Dade County AIPP staff for AIPP implementation at Betty T. Ferguson Community Center took place on 05/27/10. CMG AIPP schedule was created and submitted to MDC AIPP for review on 06/04/10. Site visit with artists conducted conducted on 7/07/10. • AIPP meeting for CMG staff to discuss Miami Gardens Community Center Phase II – Amphitheatre was held on 06/16/10. • AIPP meeting for CMG staff to discuss the Miami Carol City Park Recreation building was held on 7/13/10. • Agenda item for Miami Gardens AIPP Program is scheduled for 7/28/10 City Council Meeting. CAPITAL IMPROVEMENT PROJECTS: New City Hall: Planning Phase – Jimmie Allen & Brandan DeCaro • Preliminary Program and cost estimate reviewed by CIP Director and City Manager. • Review of Space Allocation & Building Program occurred 09/14/09, 09/15/09 & 9/16/09. Page 342 of 383 11 • 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. • Workshop held on 3/02/10 to study the city planning for the project. • City Planning Concept presentation was given during the 4/14/10 City Council Meeting. • City Council approved preparation of RFQ for construction of City Hall and development of City Center during 4/28/10 meeting. • Staff working on the assemblage of documentation to establish a desk top draft of the RFQ RFQ based on discussions with City Staff. Staff scheduled to deliver Criteria Documents to City Manager on 5/24/10. • The final Criteria Documents have been assembled. Several City Departments have been consulted to provide standards criteria into the document. Staff scheduled to deliver Criteria Documents to City Manager on 6/18/10. • The Criteria was completed and delivered to the City Manager on 6/18/10 by J. Allen Demolition of Wachovia Building Site: Bid Phase – Brandan DeCaro • Bid advertised on 9/8/31/09; Pre-bid meeting on 09/09/09; Bids were opened on 09/26/09. • Award of Demolition is on hold pending decision by City Council regarding the options for the proposed City Hall & Police Building. • Demolition will be included in City Hall construction to coordinate LEED qualifications. 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. • Staff met with with the contractor and submitted requests for pricing to perform required electrical changes to A/C Units at the roof and services to label and tag all building panels on 3/26/10. • The contractor is pricing the work requested as of 4/16/10. • Direction was been provided to the contractor to make adjustments to an accessible window in the facility on 4/1/10. • On 4/1/10, the contractor prepared permit applications to renew open permits for project close out. Meeting between Building Department, Police Department and CIP staff occurred 4/15/10. • The Building, Electrical and Plumbing building permits were renewed on 5/07/10. • Staff met with the Contractor 5/12/2010 regarding electrical repairs and upgrades to the Police Building rooftop units. Also met on 5/12/2010 regarding lowering the Page 343 of 383 12 window at the lobby access to the Records Unit. The window work is required to be performed between Friday evening & Monday mornings to avoid public access impact and disruption. The electrical repairs and upgrades to the rooftop units can be independently scheduled concurrent with the window work. • A proposal for the work has been negotiated and approved by staff the week of 6/14/10. • During the Holiday weekend of July 4th, the accessible window at the records unit was lowered and completed prior to start of business on 7/05/10. The Building Department inspected the installation and approved the work in place 7/06/10. • The electrical work to install 20 amp service receptacles at the roof top A/C units began 7/12/10 and was completed by 7/16/10. Receptacles, supports and fastenings have been completed along with service up grades at the roof. Electrical Panel labeling is expected to begin the week of 7/19/10 and should be completed on or before 7/23/10. At the completion of the work final inspections of the electrical system can be scheduled. • Plumbing and Electrical “As Built” drawings are pending the completion of the work. • Miami Skyline Construction is still pending final negotiations for the final payment along with the settlement of the current issues being performed by the contractors. Fueling Facility & Storm Drainage: Construction Document Phase 85% – Jimmie Allen • WASD and DERM review for original scope completed June 2009. • A/E responded to the three environmental concerns from DERM. Portion of new storm drainage system will have to be re-designed as a result of DERM review. • A/E has provided fee proposals for revising the scope of the work for storm drainage. • The Report of the testing submitted to DERM was responded to 1/20/10. Two letters were forwarded reflecting the status of the review with conditions. The City will be required to issue to DERM within 60 days a mitigation plan along with additional testing specified in their letters dated June 19, 2009 and January 11, 2010. DERM has briefly indicated that the drainage portion of the project can run concurrently with the required clean up of the contaminated soil on site. • City Staff prepared a letter for the City Manager, which was sent to DERM on 3/05/10. The City would prefer to conduct the additional testing required by DERM before proceeding with the removal of the contaminated soil. DERM accepted the response from the City on 3/09/10. • Purchase Order was issued and the sampling conducted the week of 4/15/10. • On 4/16/10, URS the consultant provided preliminary findings for staff review resulting from the recent testing performed. Additional sampling will be taken due to the negative test results and this will require a time extension from DERM. • CIP is awaiting a formal response from DERM regarding the recent submittals related to the environmental testing conducted in May, 2010. • Drums containing excavated material from the testing was removed from the site on 7/09/10. Page 344 of 383 13 • The Environmental Assessment Report Addendum has been prepared regarding the additional contaminant assessment required by DERM. The Addendum was submitted to DERM on 5/11/10. • URS submitted spreadsheet with all costs associated for the project so the City can decide how to move forward with the various aspects of the project. The City will defer the redesign for the Fueling Facility until the issues with the contaminated soil removal have been resolved. • A Fuel Management System has been proposed and the CIP office has reviewed the system. CIP staff has requested URS to provide cost impact to incorporate an equivalent system into the project that will provide the City with a method of managing fuel use and consumption. • Staff will shortly engage URS to begin the project re-design to incorporate all new programmatic issues associated with the proposed Fuel Management system and the DERM environmental issues. Miami Gardens Community Center (MGCC): Construction 99.99% complete – Jimmie Allen • The week of 7/12/10 the final fire inspection was conducted by Miami Dade County Fire department and was approved. Final Electrical Inspection by the CMG Building Department was approved. The Final WASD Conveyance documentation was submitted to MDWASD and all required fees paid by the CMG to MDWASD. Permanent water Meters were scheduled for installation the week of 7/12/10. Currently awaiting final meter taps to secure permanent water. Once the water meters are in place the Final Plumbing Inspection can be secured, which will release the CMG Building Department to process the “Certificate of Occupancy”. o CMG Final Plumbing Inspections -Pending • The final Department of Health inspected for the Pool regarding the self locking fence gate at the slide. The issue has been resolved pending securing the pad lock to the post with a chain. • NFL Grant for $250,000 was requested now that the sports surface and lighting installation is complete. The City received a check for $200,000 from the NFL Grant. The remaining $50,000 will be reimbursed once the bleachers are completed. • Bleachers and Press Box Contractor received the Notice to Proceed on 10/26/09 and the firm has begun the design and preparation of the Construction Documents for permitting and installation. The Firm has 135 days to complete the work from the NTP date. Staff met with Bleacher contractor on 11/06/09 and the construction documents were submitted for Internal Departmental review during the week of 11/16/09. • Building Permit for the bleachers was issued. Contractor submitted a revised schedule and began construction on 5/24/10. • East Bleacher slab was installed on 6/16/10. The east bleachers have been completed. • The West Bleacher slab was constructed and concrete cast on 7/15/10. Gibbons Fence Inc. has been contacted to reinstall the fencing and that work should commence the week of 7/1910. The West Bleachers are scheduled for installation beginning the week of 7/19/10. The press box is Page 345 of 383 14 expected to be on site 8/02/10 and will be assembled and installed thereafter. • The FF&E List was developed and the 3,000,000 for the FF&E funding was submitted to the County in December 2010. The contract with the County GOB Office for the FF&E funding was executed by the City in July, 2010 and will be completed by the County shortly. • Data Center installation: Electrical and Mechanical was completed and final inspections approved on 3/16/10. The Miami Dade Fire Department approved the fire suppression system for the data system on 4/9/10. The installer submitted the approved plans for CMG installation permits on 4/14/10. The building permit was issued on 5/13/10. The data system fire suppression is awaiting final Fire Department review & approval of the main building before the final interface can be achieved. • Sound System: The system is 100% complete and has been reviewed by the sound consultant and a final Punch List has been issued. The installation was completed and training of the staff was performed on 5/11/10. On 6/14/10 the sound system and paging interface was installed and tested for operation by the City staff and the Installer NDR Corp. The sound system is complete. • Access control, intrusion and cameras systems: The work is 99% completed. All hardware is installed and functioning. The hardware was programmed at the site and is currently being monitored by the City’s PD systems. Several attempted intrusions have occurred over the past weeks and recorded images have been obtained. This work is completed and has received CMG Building final approval. Miami Gardens Community Center Amphitheatre: Design 95% completed – 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 A/E for design of Amphitheatre was completed 11/10/09. • The A/E contract for the Amphitheatre was approved during the 12/09/09 City Council Meeting. • The Notice to Proceed for the A/E was issued on 2/08/10. • The Schematic Design Review Meeting was held on 2/22/10. • The A/E’s Design Development documents were submitted 4/9/10. • The A/E 100% Construction Document submittal was made 5/7/10. Staff review was performed and comments forwarded back to the A/E. • The Construction Doc’s were submitted to the County agencies for review on 5/10/10. The Construction Doc’s were submitted to the Miami Gardens Building Department on 5/12/10. • The Construction Doc’s were reviewed by CIP Staff. Comments were sent to the A/E 6/11/10. • The bid advertisement was distributed on 6/22/10. Bids scheduled to be opened on 7/30/10. Page 346 of 383 15 • Staff met with Miami Dade County Fire Department 7/15/10 on final approval issues with the plans and received tentative approval. Awaiting final Fire Dept signatures on the drawings. • Staff met with DERM 7/15/10 regarding review comments. Will have to secure one final clarification document from MDWASD so DERM can provide approval for the project. • Expect outside agency and CMG Building Department approvals during the week of 7/19/10. Rolling Oaks Park: Design Phase 60% completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new entrance and turn-around, new parking and overflow parking lots, fencing, and concession/restroom facility. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised CDs submitted to CIP staff for review 4/15/09. • DERM -Tree removal permit approved. • Miami-Dade County Fire -Plans approved for permitting. • Department of Health -Plans approved for permitting. • MDWASD & North Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not be required. DERM approval received in June, 2009. • Miami Gardens Building Department submittal pending. • Negotiating Additional Service with A/E for completion of Construction Documents. • Terminated A/E during 11/10/09 Council Meeting. • Negotiated conducted with new A/E to assume design and construction admin for project. • Agreement with new A/E will be presented to the City Council for approval. • Purchase of additional land for new main entrance from Miami Gardens Drive is in progress. Bunche Park & Pool: Design Phase 80% completed – Brandan DeCaro • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised Construction Doc’s submitted to CIP 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. Page 347 of 383 16 • Negotiations conducted with new A/E to assume design and construction admin for project. • Agreement with new A/E will be presented to the City Council for approval. North Dade Optimist Park: 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/kitchenett e, 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 was approved by the MG Building Department on 11/10/09. • The Construction Documents for Lift Station approved by the MG Building Dept on 12/29/09. • The Construction Documents for the Recreation Building were denied approval by the MG Public Works on 1/06/10. AE currently addressing comments. • The Construction Documents were re-submitted to the MG Building Department to address MG Public Works Department comments on 02/10/10. • The Construction Documents for the Recreation Building were approved by the MG Public Works on 2/23/10. • The A/E submitted final additional services proposal to revise the construction construction documents to include security system and phasing of construction on 6/30/10. • The new ordinance letter, for water connection, was approved by Miami-Dade WASD on 6/29/10. (The original letter expired on 5/7/10.) • The bid advertisement will be scheduled for August 2010. • The construction commencement date will be coordinated to start immediately after the Youth Sports Program football regular season ends. Norwood Park & Pool -Pool Building Renovation: Close-out 100% –– Anthony Smith • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined. • Change request and proposal for additional work was approved 5/4/09. Repair work for the Pool Building commenced 5/14/09. Painting completed 6/05/09. Page 348 of 383 17 • Punch List Inspection on 09/15/09; re-inspected on 10/15/09. Punch List complete 12/10/09. • Building Department approved final inspection for door replacement on 12/10/09. • All Pool House work has been completed. • The reimbursement from the Grant Agency (SNP) is pending. Norwood Park & Pool-Pipe Replacement Project: Construction 99% complete -Anthony Smith • Design Kick-off Meeting for Piping Replacement Project on 6/18/09. • Final Construction Doc’s completed and submitted to CIP staff on 7/31/09. • Construction Doc’s submitted to MDWASD, MD Fire, DERM & Miami Gardens Building Department for review on 7/31/09. MD Fire and DERM approval received in August. • Construction Doc’s submitted to Health Department on 8/13/09. • Resubmitted to MG Building Department on 09/10/09, 9/24/09 & 10/08/09. • Plans were approved by the Health Department on 11/09/09. • The revised plans with Health Department approval were re-submitted to the MG Building Department on 11/12/09. Plans were approved by the MG Building Department on 11/17/09. • Project advertised for Bidding on 11/9/09. Bids were opened on 12/10/09. • City Council approved and awarded construction contract on 1/13/10. • Pre-Construction/Kick-off meeting was held on 1/21/10. • The Construction renovation and pool piping replacement construction commenced on 1/28/10. • The installation of the domestic plumbing & pool piping is completed. Punch List work is underway. • The revised construction documents for the pool grounding system have been approved by MG Building Department and the work has been completed. • The existing main drain for the pool was found to be leaking when the pressure test was conducted. The Health Department approval for the new drain detail & pipe replacement was received 4/19/10. • Revised drawings for the new main drain were approval by the MG Building Department on 4/27/10. • City staff will look at potential areas of concern for electrical deficiencies in the Pool House that will prevent occupancy of the facility. This work shall be be done under a separate contract in order for the MG Building Department to finalize all associated permits and issue a Certificate of Completion for the piping replacement. (See Norwood Poolhouse Electrical Modification project below) • The change order for the new work for the main drain was approved by City Council at the Meeting on 6/09/10. • City staff performed inspections of the construction for the new main drain to determine if project has achieved substantial completion. The project was declared substantially complete on 7/1/10. • The contractor had a final inspection and partial approval for the main drain with the CMG Building Department Department on 7/1/10. Final CMG Building Department approval pending final Health Department approval. Page 349 of 383 18 • The contractor will schedule a final inspection with the Health Department after the City has the pool painted, which will start on 7/15/10. Norwood Park Poolhouse – Electrical Modifications Project: Design 95% complete – A. Smith • Negotiated scope & fee with URS for electrical modifications required by CMG Building Dept. • Construction Documents started 7/05/10 and completed 7/16/10. • Construction Documents submitted to CMG Building Department for dry-run review 7/19/10. Miami Carol City Park: Construction 73% completed – Anthony Smith • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. Revised Water & Sewer Agreement accepted by WASD on 6/04/09. • MDWASD, DERM and Miami-Dade Public Works approval received week of 9/9/07/09. • Final submittal to MG Building Department on 9/18/09. Construction Documents approved by Miami Gardens Building Department. Miami Gardens Public Works approval pending. • Kick-off meeting held with contractor, Portland Construction. Miami Gardens Building Permit issued 10/15/09 and construction began on 11/02/09. • The underground plumbing and electrical were underway December 2009. • The property address of the new Recreation Building has been changed by the MG Planning & Zoning and Miami-Dade County’s Property Appraisal Departments to reflect accurate location. Certified copy of sheets submitted to Miami-Dade as a revision for review on 1/8/10 because the County permit number had expired. Miami Dade-Fire Dept. approved the drawings on 1/12/10. • A Preconstruction meeting with Miami Dade County Water and Sewer (MDWASD) and MG Public Works Department for the sewer line installation was held on 2/09/10. Miami Dade Public Works has postponed planned county roadway improvements to the right-of-way until after the MG General Contractor completes all off-site work associated with this project. • Sewer line and manhole installation is completed and the roads have been repaved. • Shell of the Recreation Building was completed March, 2010. • The installation of the exterior doors is complete. • The installation of the Security Gate & Grille is complete. • The installation of the building insulation is underway. • The application of stucco finishes to the exterior of the building underway. • The priming and painting of the exterior of the building underway. • The installation of the conduit for the security system underway. Page 350 of 383 19 Miami Carol City Park Sports Lighting: Bid Phase 100%, Construction phase started -Anthony Smith • Replacement of existing Sports Lighting for baseball and football fields identified in Federal Energy Block Grant. CIP developed cost estimate and schedule for light fixture replacement. • Miami Garden's staff met with Musco Sports Lighting at the park to review scope and schedule on 2/02/10. Cost proposal received from Musco on 2/05/10. • Light replacement cost proposal approved during the City Council Meeting on 2/24/10. • The Musco contract was signed and returned to the City. • The Construction Drawings (CD’s) have been approved by CMG staff. • The Construction Drawings (CD’s) were approved by the MG Building Department on 4/12/10. • The project was advertised for bid on 5/11/10. The bid opening took place 6/10/10. The low bid is below the budget. Staff has reviewed the bid for compliance with the bid requirements. The Purchase Order for the lighting fixture installation contractor has been initiated. • • The contractor commenced construction work on 7/6/10. • The installation of the new fixtures for the baseball and football fields is scheduled to begin during the week of 7/19/10. Generator Installation at various Parks: Construction Phase started – Anthony Smith • Developing scope for the installation of transfer switch for emergency generators at several Parks. • Projects advertised for bid on 1/20/10. Pre-bid and site visit with contractors held on 1/27/10. • Bid opening for electrical work for transfer switches for portable generators held on 2/11/10. • The Purchase Order has been issued. Construction Kick-off Meeting was held on 3/30/10. • Construction Doc’s submitted to the MG Building Department for review on 4/27/10. The revised plans were re-submitted to the MG Building Department on 5/26/10. • The Construction documents for AJ King and Scott Parks were approved by the MG Building Department on 6/3/10. • The permits for AJ King and Scott Parks were issued on 6/9/10. • The contractor was notified by the CMG Purchasing Department on 6/15/10 that they were in default of the City Contract. Revised schedule to cure default is pending from the contractor. The City declared the contractor to be in default of the contract on 6/17/10. • The city staff picked up the three transfer switches and cables from the contractor on 7/2/10. • Purchase Order was issued to the new contractor to install the transfer switches on 7/7/10. • The new contractor commenced working on Building Department submittal 7/12/10. Page 351 of 383 20 A.J. King Park Playground Replacement: Planning Phase 100% – B. DeCaro /A. Smith • New playground proposal received for SNP Grant application. • V. Nelson and B. DeCaro attended the Safe Neighborhood Parks (SNP) Oversight Committee Meeting on 1/29/10 and received approval for funding for the new playground installation. • SNP Grant Contract for matching funds was approved by City Council during 5/12/10 Meeting. • Project planning and scheduled has been coordinated with Parks Department. Schedule developed by CIP Department. Playground design has been finalized. Cost proposal was presented to City Council for approval at the 6/23/10 meeting. • Purchase Order was issued to contractor. • City staff conducted the kick-off meeting with the contractor on 7/19/10. • The contractor submitted the application for the CMG building permit on 7/19/10. • Contractor will commence construction after Parks Dept’s summer camp ends on 8/13/10. Brentwood Park Sports Lighting Football Field: Planning Phase 90% -B. DeCaro /Jimmie Allen • CIP & Parks Staff met with Electrical Engineer & representatives from Musco Lighting at Park on 4/14/10 to discuss the proposed project. Engineer determined there is enough existing electrical power for Musco light fixtures for football field & future basketball courts. • CIP staff has developed Master Site Plan to coordinate location of football field, new light poles, future basketball courts and all future components for the Park. Master Site Plan completed on 5/01/10 for staff review. • Musco Lighting has developed design for sports fixtures. Musco provide cost proposal for fabrication of fixtures and electrical design on 5/28/10. • The Musco cost proposal for the electrical design drawings & the fabrication of the fixtures will be presented to the City Council for approval at the 9/22/10 Council Meeting. The project will be funded by a Community Development Block Grant (CDBG). BUILDING AND CODE ENFORCEMENT (Sharon Ragoonan) REVENUES: Building Permits $ 98,270.53 Certificate of Occupancies (CO) 274.29 40 Year Recertification 2,700.00 TOTAL $ 101,244.82 EXPENDITURES: Salaries & Wages $ 102,867.20 Personnel Benefits 26,770.95 Page 352 of 383 21 Contract Services 390.00 (Professional Services) Operating Expenditures/Expenses 1,253.03 (Travel & Per Diem; Postage & Freight Utilities; Rentals & Leases, etc.) Operating Expenditures/Expenses 482.46 (Supplies; Other Operating Expenses; Uniforms; Books; Education & Training, etc.) Capital Outlay 0.00 Internal City Expenditures 346,496.80 TOTAL $ 478,260.44 PERMIT APPLICATIONS SUBMITTED: Building 240 Certificate of Occupancies 13 Demolition 12 Electrical 90 MDC Permit Closures 2 Mechanical 50 Plumbing 35 Zoning 14 TOTAL 456 INSPECTIONS PERFORMED: CITY STAFF Building 564 Electrical 125 Mechanical 53 Plumbing 210 PROFESSIONAL SERVICES Electrical 13 Plumbing 0 TOTAL 965 UNSAFE STRUCTURES CASES: Issued 5 Board Hearing 0 TOTAL 5 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Page 353 of 383 22 Residential Permits 0 Total – Construction Value $ 0.00 MAJOR PROJECTS: 1. Taurus Project: inspections performed on a timely basis 2. D R Horton Coconut Cay: plans, permits and inspections performed on a timely basis. 3. EDEN Overhaul in progress 4. Homeowners – Bill of Rights concierge procedures established and added to website 5. Permitting Guide 6. Mercedes Benz: inspections performed on a timely basis 7. Jesus People Ministries Development – Phase 1 plans submitted for review 8. FMU Dormitory – Foundation only permit plans submitted. CODE ENFORCEMENT (Roderick Potter) • Participated in Code Enforcement appreciation week and received a proclamation from the Mayor and council. • Conducted the monthly management field zone review. • Conducted special operation night details from 10pm – 2am targeting illegal activities in the City. • Attended Nuisance Abatement Board Hearing. • Code management staff met with Vista Verde & Miramar Gardens HOA Presidents and Property manager to discuss issues in the area. area. • Code Compliance power users attended Eden training for system rebuild and permits module. • Conducted periodic vehicle inspections of Code vehicles. • Held a meeting to stream-line the board-up /lot clearing procedures and bid requirements. • Held a meeting to resolve issues with the lien amnesty program procedures. • Met with lot clearing vendors concerning the City’s Job Creations Project. • Participated in the Talk & Tour with South Florida Water Management District. Page 354 of 383 23 • Completed phase II of outreach for the Law Beat 34 project. • Initiated the first sweep of Law Beat 34 for vacant /abandoned properties. • Code Compliance area Supervisor or Officer attended a total of 3 Community Association and Neighborhood Crime Watch meetings for the month. • Code Compliance Guest Satisfaction Committee held its monthly customer service improvement meeting. • Code Compliance continued co-op meetings with Miami Dade County Solid Waste • representatives to resolve issues and expedite bulky waste pick-up. • Conducted the monthly Housing Division meeting. • Conducted monthly general staff meeting and weekly management staff meeting. • Code Division Director and Licensing Manager attended the KAPOW end of the year celebration for the kids. • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • Code Supervisor Vidal Garcia attended the Underground Facility Damage Prevention and Safety training. • All staff attended re-orientation training from from the Human Resources Department. Page 355 of 383 24 CODE Stats: Mar 10 Apr 10 May 10 June 10 Business Tax Receipt Inspections 79 45 45 55 Certificate of Use Inspections 79 45 44 55 Landlord Permit Inspections 464 31 14 41 Warning Notices Issued 364 189 334 355 Civil Violation Notices Issued 188 468 99 102 Re-Inspections 598 288 360 404 Special Master Hearings 17 19 28 26 Massey Hearings 73 45 42 62 Lien Reduction Amnesty Request Hearings 9 12 13 24 Extension Requests 50 33 27 20 Complaints Received 193 153 158 198 Proactive Cases 387 162 217 204 Cases Closed Within 30 Days 170 124 167 136 Cases Closed Within 60 Days 14 1 4 0 Cases Closed Within 90 Days 14 5 12 3 Special Operations-Code 4 18 11 0 Special Events 2 2 1 1 Illegal Signs Removed 839 793 642 657 Phone Calls Received by CEOs 359 212 245 271 Parking Tickets Issued 25 12 7 4 Lien Searches 144 152 186 131 Joint Operations-MGPD 0 0 4 0 PD Requests for CE 18 26 8 2 Storm water Postings 0 0 0 0 Abandoned Vehicles -Tagged 35 15 25 2 Abandoned Vehicles -Towed 7 0 0 0 Page 356 of 383 25 Licensing Stats Mar 10 Apr 10 May 10 June 10 New Business Tax Receipts 100 42 50 47 New Certificates of Use 49 30 33 36 New Alarm Permit Accounts 52 53 63 46 New Landlord Permit Accounts 7 12 6 3 Business Tax Receipts Issued 188 135 58 31 Certificates of Use Issued 169 121 37 24 Alarm Permits Issued 21 18 39 14 Landlord Permits Issued 307 94 37 0 Housing Stats Mar 10 Apr 10 May 10 June 10 Re-occupancy Inspections Re-occupancy Certificates issued Administrative Foreclosure Inspections 47 55 15 58 57 0 37 56 10 60 67 28 Note: All totals are from beginning to end of month. SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • Uniform Collection-June 16, 2010 • Summer School-Begin-June 22, 2010 Ended-July 20, 2010 • Inventory-Uniform/Equipmen t Meetings Attended: • Departmental Mtg. w/DCM Renee Farmer – • Director’s Mtg.-• SCG Employee Staff Mtg.-• Agenda Review/Staff Meeting – • CTST Meeting-Cancelled Meetings scheduled: • CTST Coalition Meeting – Cancelled • School Crossing Guard Supervisor Training-August 2nd & 3rd 2010 Misc: Page 357 of 383 26 Employee Incident Reports: • Total: 0 Terminations: 0 Resignations: 0 New Hires: 0 ASSISTANT CITY MANAGER (Vernita Nelson) • Media & Events Division – Assisted with preparing Miss Miami Gardens for the 2010 Miss Florida Pageant; Embarked on Stage Three of branding initiative. • Capital Improvement Projects Department – Continue to assist with capital improvement projects; assisted in preparation of agenda items; leading efforts, with the Assistance of Commissioner Barbara Jordan, to navigate through the county’s Safe Neighborhood Parks and Building Better Communities Bond processes to secure funding contracts. • Miami Gardens /Opa Locka Youth Violence Initiative – o Working with program staff to instill “best practice” case management procedures using developed Daily Outreach Log and Weekly Contact Reports; o Worked with Coalition members to develop a Truancy Service Partnership application and a Youth Violence Prevention application in response to The Children’s Trust recent RFP; o Attended Ounce of Prevention –Developed a collaborative application to the Department of Education Promise Neighborhood RFP with the Ounce of Prevention and other communities throughout Florida. • Public Works Department – Assisted in preparation of agenda items • Weekly Department/Division Meetings • City Manager’s Office – Oversight of the Employee of the Month Program; Assisting with FY 2011 budget preparation; Assisted with Staff re-orientation of the revised CMG Employee Policies and Procedures Manual; Conducted Tour with Representative Braynon and the South Florida Water Management District. Additional Meetings: • 6/16 – Youth Violence Prevention Coalition Strategic meeting • 6/23 – CMG Council Meeting • 6/29 – Jazz in the Gardens Site Visit at Sun Life Stadium • 6/30 – South Florida Water Management District Tour of MG COMMUNITY OUTREACH (Lillie Q. Odom) • Continuing to collect and organize articles, artifacts and stories in reference to the history of the city. Page 358 of 383 27 • Coordinating an event for Council members that are terming out; considering the fact that historically they are the first council members to term out in the city. • Assisting with the summer event for employees. Community and Committee Meetings attended o June 24, 2010-Participated in the AARP Webinars on New Health Care Laws. o June 24, 2010 -Attended the Elderly Community Meeting held at Grater New Bethel Life Center o June 25, 2010 – Participated in the Communities for a lifetime Teleconference, held at 9:00am. Updates on the health initiatives as it relates to the elderly population in the state of Florida. o June 28, 2010 – Assisted Bunche Park residents with completion of applications and information on some of the services that are available through the city. o June 29, 2010 – Attended the Kiwanis meeting; held at the Calder’s Buffet. o June 30, 2010 – Met with Marome Agency to coordinate interviews with council members for a Bon Voyage event. o July 01, 2010 -Attended bi-weekly meeting for the outreach division with Assisted Manager. o July 10, 2010 – attended the Up-Pac community meeting, held at Greater New Bethel. o July 13, 2010 – Attended the Family Fall Festival Committee meeting held at Sun Life Stadium. o July 14, 2010 – Attended the Sickle Cell 5K Walk Committee Meeting, held at Sun Life Stadium. o July 21, 2010 – Attended the Family Fall Festival Committee meeting; held at Sun Life Stadium o July 22, 2010 – Attended Staff Meeting/Agenda Review, held in the City Council Chambers. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Completed the July issue of the Community Newspaper. The June issue is available online at www.communitynewspape rs.com. At present we are still awaiting the Page 359 of 383 28 arrival of the June paper. Due to delays in printing press services, our paper is running behind. We are however working on the August issue. • Events and Media hosted a “Learn to Play Chess” event and invited young Jabari Capers, a member of the John F. Kennedy Middle School chess team and first place winner in his division in the Florida Super State Championship in 2009. Also Felix Gonzalez, a master level chess player and member of the Florida Chess Association attended the event along with other young and old Chess fanatics and newbies. • We are currently in the preliminary planning mode for Jazz in the Gardens 2011. We are developing the infrastructure that will support the 2011 event. This includes logistics, sponsorship, talent booking and travel and tourism. • The Miss Florida Pageant was held from July 7-10, 2010 in St. Petersburg, Florida. Miss Miami Gardens 2010, Abigail Williams participated in this pageant and represented the City well. Unfortunately Miss Williams did not place, however she did win the Miss Congeniality award. For more information about Miss Miami Gardens, visit www.missmiamigardens.com. • Staff has been attending the Employee Communications Forum. • The Online newsletter has been consistently delivered to the subscribers for the past several months. Subscribers have increased and we now have over 11,000. Subscribers vary from City residents to out-of-state interested parties. Please take a look at the July 2010 Newsletter by visiting: http://www.mynewsletterbuilder.com/email/newsletter/1410392355 • The Events and Media department was invited to Participate in the Building and Code Enforcement Department’s Customer Service/Appreciation Week. Events and Media made a presentation on “Internal Customer Service,” how to effectively provide great customer service to co-workers, other departments. • The Events and Media Department, along with the Mayor, participated in a presentation to African American Journalist from around the country visiting South Florida and Miami Gardens to learn and receive information about the great achievements of the City of Miami Gardens, the history behind the City’s Incorporation and the vision for the City’s future. • 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 eleven bid/RFP: Home Rehabilitation 4191 NW 199th Street Annual Contract – Sidewalk Replacements Annual Contract – HVAC Maintenance Page 360 of 383 29 MGCC phase II – Amphitheatre Virtualization Project Annual Contract Trailer Repairs Home Rehabilitation 3351 NW 174th Street Home Rehabilitation 1111 NW 200th Terrace Home Rehabilitation 3391 NW 211th Street Home Rehabilitation 1620 NW 28th Court Energy Grant Consulting Services 2. No quotations were issued 3. Preparing specifications for the following: Annual Contract Auto Body Repairs Demolition Services – Mt. Hermon Church, 2245 West Bunche Park Dr. 4. Issued 145 Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue assisting vendors with on-line vendor registration Bids & Quotes – bid vendors (ongoing) 10. Continue to add current contracts to Procurement Web Page 11. Attended Miami-Dade Economic Advocacy Trust Procurement Fair 6/26/10 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 7/13/10 Dell Marketing Laptop computers BTF complex $29,309.59 7/13/10 Tyler Tech Eden training $30,000.00 7/13/10 A.G.E. Construction Construction services -Lulus’ Carwash $32,922.00 6/23/10 Imperial Electric Install Musco Lights -Miami Carol City Park $38,428.00 6/17/10 John’s Contracting NSP 2835 NW 168th Terrace $62,600..00 6/23/10 GC Construction NSP 1421 NW 202nd Street $63,103.00 7/2/10 Saunders Entertainment JIG $80,500.00 6/23/10 Gentile LLC NSP 18801 & 18811 NW 43rd Avenue $125,010.00 Page 361 of 383 30 FLEET SERVICES (David Motola) FLEET DIVISION –June 15, 2010 through July 15, 2010 o Fleet Management Software Utilization (Ongoing) o Repairs are being entered in the data base, and vehicles are being tracked based upon the established preventative maintenance schedule o New vehicles being placed in service are being entered into the data base and units taken out of service are inactivated. o Fuel usage is being entered into the data base reflecting both economy and total operating cost o Reports are now available to reflect expenditures by repair category or department o Units with low utilization are brought to respective management’s attention to make sure they are rotated into service. o Fuel Usage (Ongoing) o Monthly reports of fuel usage with concern identification provided to all Department Managers for concurrence. o Fuel invoices are being maintained electronically, master bill. o Fuel invoices are reviewed and billing errors are reported to Procurement for investigation and resolution. o Weekly Weekly Check Sheets (Ongoing) o Weekly check sheets are still being received and reviewed from Building & Code, CIP, Parks & Recreation, School Crossing Guard and Public Works. o Hurricane Preparedness o A contract drafted by the city attorney’s office was provided to Sun-Life Stadium for their review /approval. o Fleet Department provided Procurement with fuel usage data so they can contract for a mobile provider to fuel emergency response vehicles in the event of an emergency. o The Fleet Department requested that the procurement department contract with a fuel vendor to provide onsite diesel fueling for power generators o Surplus Vehicles -The Fleet Department provided a list of surplus units to the Procurement Department for them to prepare a Council Agenda Item. o Decals – Departmental and City decals placed on School Crossing Guard, IT, PD CSI Van & PW Heavy Equipment. Page 362 of 383 31 o New Vehicles – 6 F150s have been received. We are coordinating with the Code Enforcement Division to place 5 of the units in service and 1 for Public Works. o Vehicle Inspections -Fleet Staff and Risk inspected Parks and Recreation and Maintenance vehicles on 6/24/10. Public Works on 7/9/10. o Collision Repair – Continue to work closely with vendors, Risk management, and user department to provide prompt collision repairs within departmental policy and procedures. One unit was damaged to the extent that it may have to be declared a total loss. o Warranty Repairs – Check service repair invoices against vehicle warranty to insure proper billing for services. A repair just over the base warranty for $400 was adjusted by the manufacturer to provide full credit. o Fleet Manager performed weekly lot checks, identifying vehicles that were left unlocked and notifying department heads. o Fleet Administrator routinely contacts vendors for monthly accounting statements to research and reduce invoices from becoming past due. A minor overcharge was identified and the vendor promptly provided a credit. o Maintain hubcap inventory for Police vehicles. Provided an alternative hub cap for purchasing to research whether we can procure from them • 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. attended monthly Forum meeting o Fleet Admin. Scheduled car wash detail appointments and window tinting services for various departments. o Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. 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 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. INFORMATION TECHNOLOGY (Ronald McKenzie) Page 363 of 383 32 IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 05/20/2010 through 06/17/2010. It is organized into the following areas: • Significant Accomplishments • Significant Issues • Schedule Status • Travel Activity Accomplishments from Month: o Significant Accomplishments 􀂃 Ron graduating from CCIO Program this week and will be a certified Chief Information Officer. 􀂃 Wrote article for Senior Literacy Program. It was published in the CMG bulletin and the Miami Gardens newspaper. Additional seniors are requesting information aid want to sign up. Sign up list nearing 100 residents. 􀂃 Began working with recent IT College Grad who is volunteering to work in our department. He is learning basic IT support. We plan to use his skills to aid in the senior literacy program and have asked him to recommend others from his college classes that would help. He has identified another classmate. Our goal is to have the younger “high school and college aged” children in Miami Gardens teach the senior of Miami Gardens, in an effort to reduce the generational divide and encourage an each one teach one” environment. 􀂃 Presented a session on customer service at the Building and Code Compliance Customer Service Week. This event was an excellent and much needed event sponsored by the Building and Code Compliance Department to teach Customer Services skills to everyone at the city that attended. They have said that this will be an annual event and I think it will be a positive event for years to come. Page 364 of 383 33 􀂃 Continuing to meet with PD and Dispatch staff to discuss and create a plan for improving the Police Command Vehicle. As it stands now, the command vehicle is not ready for deployment. Communications was not considered when the van was purchased so we are now in the process of making the vehicle functional. We have created a Command Vehicle Renovation Team to devise a plan to make the van functional. We have performed site visits to Opa Locka and Homestead to see their command vehicles. It has been helpful as we look to produce the best operational Command vehicle for our PD. 􀂃 Continued deployment of new replacement laptops for Police Department Officers. We rolled out the last 20 with Windows 7 on them. We are working through any issues and will deploy the next batch with Windows 7 and Office 2010 on them. We now have 75 laptops with AT&T cards and an equal amount of Verizon cards. This helps us to be redundant and more safe in case one of the services goes down. 􀂃 Continuing our efforts, working diligently to improve our EDEN software in the city. Tyler came on site twice to conduct training. We also had an introductory class on Crystal reports that was very well attended. The various departments have created numerous reports and are working very hard to stabilize and renovate EDEN. Kudos to the departments. We still have two more weeks of sessions to go. 􀂃 I have scheduled and introductory class of Crystal Reports for myself, Sharon Ragoonan, Shellie Ransom and Jay Marder, so that we can be better acquainted with the work our staff is performing and help us to realize what can be done. 􀂃 Continued work in support of Miami Gardens Community Center project. Completed working with Access Limited to connect the security system from Page 365 of 383 34 MGCC to PD. The cameras are all set up and can be monitored from PD. We completed working on the access card readers and intrusion detection devices. 􀂃 Completed working to connect the monitoring systems from Public Works so that it can be monitored at PD. We will be working to connect all of the Parks for monitoring next. 􀂃 Still working to establish Unified Communications. This in effect is combining phone services with email and video services. The IT Department will be Piloting this new technology in June. We expect to begin a pilot with select other users in July 􀂃 Performed many website updates. Changed pictures for command staff at PD and many other updates to the CH website. 􀂃 Established contract vehicle for tape storage and started storing our tapes at U and Me Moving and Storage. This is a company that Palm Beach County uses to store their backup tapes. Pick-ups are every Friday morning. 􀂃 Finished working on the RFP for virtualization. It is now on demand star and we are in the question and answer period. We are expecting to find a vendor and present the item for their services at the first council meeting in September. 􀂃 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. 􀂃 We found a candidate for the Web Master Position. He i9s going through background checks now. Page 366 of 383 35 􀂃 Continued working with the Parks Department and CIP on security and low voltage wiring for Carol City Community Center. o Significant Issues 􀂃 Security system at CH is old and beginning to malfunction more frequently. We will continue calling on repairs until we have the money to buy a replacement system. Segutronics no longer provides maintenance, so repairs and maintenance are on an each occurrence basis. 􀂃 There were problems with tapings in one of the video rooms at PD. Some of the settings were changed on the monitoring PC. User error. IT corrected the problems so that videos could record properly again. 􀂃 There were issues with one of the locks on the doors to the interview rooms. Glanz had to replace the lock. This has been corrected. 􀂃 There were some issues with L3 and some of the cars. Might be caused by overheating in the trunk. Issues were resolved. IT is keeping an eye out on reoccurrences. 􀂃 Lightning storms during the week of 6/30 caused power to go out at the CH complex 3 times. IT had to come in to restart systems. We must get a notification system so that we do not burn up any servers. We do not find out that the servers are down until the internet server goes out and PD cannot access the internet. 􀂃 Performed successful test of Generator power switch at CH. 􀂃 Having issues with Exchange server at PD, resulting in email going down the last 3 weekends for about 2 hours each weekend. We performed some updates and will be monitoring the server closely. Server is coming up on 5 Page 367 of 383 36 years, which is the life cycle of a server. New server will cost over $10K. Looking into email in the cloud for PD to allow constant and consistent email at all times for PD. 􀂃 Had issues with backup exec at PD. The backup kept stalling. NO data was lost and system is working now. Looking into a tapeless/Agentless solution to increase efficiency. 􀂃 Due to various meetings being held in the evening, my overtime budget is being taxed at a quicker rate than originally planned. May have to address different hours for IT staff in order to continue the service levels needed for support. o Schedule Status 􀂃 Working with Procurement to find PRI pricing for voice circuits for MGCC and possibly other sites. o Travel Activity 􀂃 Ron and Ricardo attending FLGISA annual conference in July. PUBLIC WORKS DEPARTMENT (TOM RUIZ, DIRECTOR) 1. Staff continues to clean and maintain bus bench areas throughout the City. This month we were checking throughout the city for areas which need improvement, for example, bus stops without benches and trash cans. Once a location is found we document and schedule for installation. 2. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. This month even more trees have been planted in regard to our city wide canopy program. 3. Two streets crews continue to repair sidewalks throughout the City. This is a great task and the guys are doing an exceptional job. We are not only repairing Page 368 of 383 37 sidewalks but also roadways, edge of roads, potholes and sinkholes to insure the safety of our residents, and those who visit. 4. Staff continues to trim and prune trees citywide, especially now that hurricane season is upon us. This also gives residents an added security. 5. We continue cleaning drains around the City. We have both combination vacuum trucks on the road battling debris and sedimentation within our storm systems. Flooding has decreased due to the means of our maintenance program. 6. 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. Staff held a community meeting on June 23, 2010 informing the residents of the project. On June 25, 2010 the City of Miami Gardens sent Notice to Proceed to Florida Engineering. The project is scheduled to start July 19, 2010 with a Substantial completion date of September 19, 2010 and Final completion date of October 4, 2010. 7. General General Asphalt has completed the paving on NW 191 Street from NW 27 Avenue and NW 37 Ave for Project C (LAP Roadway Improvements ARRA -Stimulus). The temporary paint stripping has been completed and after the 30 days required waiting period the thermo-plastic markings will be placed. The project will be completed before August 16, 2010. 8. The City of Miami Gardens received $100,000 from the Florida Department of Environmental Protection for drainage improvements. The project consists of drainage improvements and will cover the north and west side of Scott Lake Elementary School located at the intersection of NW 175 Street & NW 12 Avenue. Staff held a pre-construction meeting on June 30, 2010. The project is scheduled to start July 19, 2010 with a Final completion date of September 13.2010. 9. On January 27, 2010 the City of Miami Gardens Council approved a budget of $350,000 for drainage improvements in the residential area which covers the area from NW 19 Avenue to NW 21 Avenue and NW 191 Terrace to NW 195 Street. For this project the amount $131,096 was received from SFWMD (South Florida Water Management District) and the City is matching with $218,904. Staff approved Chen and Associates’ proposal for design services and Council approved the consultant on July 14, 2010 Council Meeting. 10. On January 27, 2010 the City of Miami Gardens Council approved a budget of $150,977 for drainage improvements in the residential area which covers the area from NW 38 Avenue and NW 38 Place and NW 208 Street and NW 209 Street. For this project the amount $30,977 was received from SFWDM and the City will match it with $120,000. Staff approved Chen and Associates’ proposal for design services and Council approved the consultant on July 14, 2010 Council Meeting. 11. Public Works issued 20 permits of which 8 for driveways and sidewalk, 10 for utilities, one for paving and drainage and 1 for banners. Page 369 of 383 38 12. Update on the Miami Gardens Drive Landscaping Project -2nd phase (Project is between NW 27 Avenue and NW 47 Avenue on NW 183 Street): DERM, SFWMD, and FDOT has approved plans . A pre-bid meeting was held on June 22, 2010 and the bids were open on July 8, 2010. The award of the construction is in this agenda (July 28, 2010). Project is anticipated to start in late August. 13. On June 24, 2010, the Canal Maintenance bid was opened and publicly read. The procurement department is reviewing the bid packages and verifying the references prior to issuing a final recommendation to award. 14. On June 28 and 29, 2010, staff attended the Erosion and Sedimentation Control training. 15. The NW 7 Avenue Road Improvement Project Plans are at FDOT for permits, DERM for their Drainage Permit and Miami Dade County Public Works Department for a final review. 16. On June 16, 2010, staff attended the Local Mitigation Strategy Meeting. 17. All staff attended the HR orientation meeting for the new City Policy. 18. The Director and Assistant Director attended the Debris Management 2010 meeting with FEMA, Beck Monitoring Co., FHWA (Federal Highway Administration) and others on June 23, 2010. 19. On June 25, 2010, staff attended the Fourth Annual Tree Summit. This summit was to discuss needed legislation and advocacy for urban forestry issues, and develop creative funding strategies that promote the preservation, management, and expansion of a healthy and attractive urban forest throughout South Florida. 20. On June 29, 2010, staff attended the Miami Gardens Kiwanis Meeting. 21. On June 30, 2010, the Director gave a PowerPoint presentation to the South Florida Water Management District on the City’s drainage and issues of concerns requiring funding assistance. A City tour was also done to show the problem areas. 22. On July 14, 2010, staff attended the District 6 Local Agency Program (LAP) Conference. Presentations were given by the District, Central Office and FHWA who presented LAP related topics to include the stimulus projects and some of the documentation requirements. Keep Miami Gardens Beautiful Keep America Beautiful Annual report • Finishing report • Submitting several application for national award program Page 370 of 383 39 In Class Environmental Education Program Completed • Preparing for 2010-2011 school year Urban Forest Day • Planning • Approximately 50 volunteers coming out to plant over 200 trees in residential neighborhoods. Summer Beautification Award Staff is contacting winners Landscape Maintenance • This month 260 trees were installed along residential neighborhoods. Cassias, Dahoon Holly, Yellow Poinciana, Pink Tabs, Paradise and mahogany trees. • Crews working to replace died plant materials along landscaped areas. Approximately 2,500 plant materials to be planted KAB 2010 Grants • Submitting FDOT 441 Phase III Landscape (NW 183 ST – NW 215 ST) • Starting JPA process Community Beautification projects • Ongoing • 2 major community projects completed this month Annual Litter Index study • In progress City’s Community Beautification Grant • The new application for the Fall is now available Green Meetings • Attended the FLORIDA GOLD COAST CLEAN CITIES COALITION MEETING • Attended the Fourth Annual Tree Summit ASSISTANT CITY MANAGER (Daniel Rosemond) 􀂾 Mount Herman Property-AMC Youth Center-Parks Staff has been working with the AMC staff in regard to the execution of an amendment to the existing Memorandum of Understanding. The amendment document calls for a $16,000 funding commitment from AMC that will go toward the demolition of the existing building. The demolition is in anticipation of the redevelopment of the site. To date, the amendment has not been executed nor has AMC provided the funding. Parks Staff is preparing a memo to the City Manager Page 371 of 383 40 recommending that the City proceed with the demolition of the building nevertheless and use it as overflow parking for Bunche Park. 􀂾 Senior Programming restructure-In response to a bleak budget year, as well as a deliberate effort to restructure the Senior Clubs programming, Parks Staff has been working on a revised structure that will centralize the Senior Club meetings/weekly breakfast, and the various field trips taken by Club participants. Staff will be introducing a new Club membership format (and fees) to the Senior Club presidents which will then be communicated to the various participants. 􀂾 Parcel Refresh (EDEN) -For several months, P & Z staff along with IT staff have been exploring ways to address the issue of incorrect addresses in City’s EDEN system. At issue is the fact that many parcels that have been issued permits in the past have addresses that reflect locations other than Miami Gardens (i.e. Carol City, Opa Locka, Miami, etc.). This is problematic from a data management standpoint. After months of attempting to work with the software manufacturer (Tyler Technologies) to identify a way to “refresh” our nearly 30,000 records, it has been determined that the only viable option that will not compromise the integrity of the data is to make the edits manually. I will be working with IT and coordinating staff to undertake this effort over the next several months. 􀂾 Lot Clearing/Board Up (abandoned properties) – Recently, City Council approved the allocation of CDBG-R Funds to be used toward an initiative sponsored by Councilman Williams that would seek to hire unemployed City residents as laborers to perform the work. Staff sought to work with landscape and property management vendors to achieve the desired objective; an ITB was issued and at the pre-bid meeting, the initiative was explained. Most vendors were unwilling to hire new staff, and those that were, would only commit to hiring a very small number. Additionally, because of the funding source being used, the reporting requirements made this initiative impractical. To that end, Staff sought a different approach-one that would fund Code Enforcement Activities with CDBG funds (which is eligible under CDBG Regulations), and then the General Fund dollars used to fund Code Activities would be freed up to fund a Pilot Program whereby vendors would be contracted to perform the needed lot clearing/board up services with the condition that they seek to interview, hire, and train unemployed City residents for a period of approximately 3 months. The City will host a job fair where these vendors will be present. 􀂾 Hurricane Preparations (Fleet) – As Hurricane season gets in full swing, the Fleet Department has been working to ensure the protection of one of the most expensive capital assets the City owns. Efforts are being made to enter into agreements with property owners to move vehicles off-site in order to protect them from flooding and flying debris, so that they would be available to City staff immediately following a storm and to assist with with clean up efforts. Page 372 of 383 41 􀂾 Community Garden/Farmers Market – For some time, the City has been desirous of developing a community garden or farmers market where residents can learn to grow their own fruits and vegetables and where they access the benefits of eating healthier. The issue has been a location and an entity that would provide the needed expertise. The Mayor and I met with Sister Lucia of the Marian Center to discuss the possibility of collaborating with the Archdiocese for this effort. The Center has a large amount of property which is underutilized and could serve as a great community building effort. Another option for the City would be to look at the property recently purchased by the City to be developed as the Senior Center. I have reached out to roots in the city, which is the group that currently runs the farmers market in Overtown in the City of Miami. Community Development Director Tasks 􀂾 Neighborhood Stabilization Program (NSP) -The City is nearing the September 2nd deadline of having the $6.8M fully allocated. I am happy to report that we are at just over 90% and expect to meet HUD’s contractual requirements. Moreover, the City has closed on the sale of the first 4 properties to first time homebuyers. The remaining 32+/-properties are in the process of being rehabbed and will be made available for resale as they come on-line. 􀂾 Toilet Bowl Replacement Program (Superbowl)-In conjunction with the Miami Dade Water and Sewer Department (WASA), the City is replacing inefficient toilets with low-flow toilets in the homes of approximately 100 Seniors in the City. WASA is providing the toilets and the City is paying a local plumbing contractor to perform the work. This program is part of WASA’s effort to improve water conservation, of which the City is also supportive. 􀂾 Energy Efficiency Initiative (phase 2) -The City has launched phase 2 of this program which includes the replacement of central a/c units in homes. This program is funded with Department of Energy dollars and the objective is to improve energy efficiency by lowering the City’s carbon footprint. The first phase of this initiative included the replacement of home insulation. Combined, these two components may reduce residents’ energy bill by as much as 40% Participated in the following meetings: • Meeting/City Tour with Shyam Reddy, GSA Director • Councilman Gilbert’s “Tea with Residents” • CMGYS-Park Representatives meeting • Meeting with Mayor and Sr. Lucia of the Marian Center • Meeting with vendors re: Lot Clearing Pilot Project • Housing Finance Authority Board Meeting • City Tour with Board Chair of SFWMD Page 373 of 383 42 • Meeting with Councilman Gilbert to discuss bringing youth baseball to CMG • Meeting with FIU Medical School Program Director REREATION DEPARTMENT (Kara Petty, Director) Recreation Division Summer Days in the Gardens: The children are engaged in various activities such as field trips, arts & crafts, creative indoor and outdoor activities, chess, swimming, etc. In addition, certified teachers improve their reading, math and science skills. • Bennett M. Lifter Park: forty (40) participants • Brentwood Park: forty (40) participants • Myrtle Grove Park: sixty (60) participants • Rolling Oaks Park: eighty (80) participants • A.J. King Park: forty-five (45) participants • Buccaneer Park: fifty-two (52) participants • Miami Carol City Park: sixty-eight (68) participants • Vista Verde Park: twenty-five (25) participants • Norwood Park: sixty (60) participants • Scott Park: sixty (60) participants Teens Summer Program • Expanding Horizons summer camp is located at Scott Park with lunch included. Camp includes weekly field trips, swimming, special guest and arts & crafts, creative indoor and outdoor activities, chess, etc. In addition certified teachers improve their reading, math, and science skills. During the first two weeks of camp there were 50-55 participants in attendance. • The community service days are currently scheduled for June 24th, July 1st, and July 8th. Expanding Horizons gives teens a chance to perform community service duties every Thursday. The teens are transported to one of the local City of Miami Gardens garden areas or another service site to do clean ups and learn the importance of giving back to the community. Expanding Horizons participants have logged a total of almost one hundred hours A.J. King Park • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. Buccaneer Park • On Monday evenings adult tennis lessons are offered to the residents. • Youth tennis lessons are given on Saturday’s from 9:00am-10:30am. • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults of various ages. Bunche Park Page 374 of 383 43 • The Parks & Recreation Department is offering free lunch and snacks to the public during the times of 11:30am – 1:00pm for lunch and 3:30pm – 4:30pm for snacks. Cloverleaf Park 􀂃 Line dance class is being held on Monday, Thursday, and Fridays. Miami Carol City Park • Walkers exercise around the park starting at 6:00a.m. • Recurring church rentals on Sundays in addition to Cricket being played on the field. Scott Park 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. Vista Verde Park • Summer Meals are offered to the public from 11:30-1:00pm Recreation Highlights 􀂃 During the basketball camp held at St. Thomas University there were three campers of the day awards earned by CMG participants during both days of attendance. Athletics • City of Miami Gardens Youth Sports: The inaugural football and cheerleading season began on June 28th at five (5) parks: • Tennis: We currently have 16 participants attending the youth tennis program on Saturdays. In addition, there are currently 8 participants enrolled in our adult tennis program. The program runs Monday and Thursday evenings from 6:30pm-7:30pm at Buccaneer Park. • Walking Club: The Walking Club currently has 46 members registered and we are meeting monthly. The group is split between AM and PM walkers. Park Team Football Registrations Cheer Registrations Brentwood Miami Gardens Rams 160 27 Bunche Miami Gardens Cowboys 178 49 Miami Carol City Miami Gardens Ravens 304 135 N. Dade Optimist Miami Gardens Bulldogs 185 94 Scott Miami Gardens Vikings 265 84 Total (as of 7/20/10) 1092 389 Page 375 of 383 44 JANITORIAL AND LANDSCAPING A J King Park o 7 Janitorial visits to clean up park site o 7 Trash removal Andover Park o 22 Janitorial visits to clean up park site o 2x Grass cut & detailed grounds o 2x Herbicide o 1x Premises blown o 22 Trash removal Bennett M. Lifter Park o 22 Janitorial visits to clean up park site o 22 Trash removal Betty T. Ferguson Recreational Complex o 21 Janitorial visit to clean up site o 2x Grass cut & detailed grounds o 21 Trash removal Brentwood Park & Pool o 22 (park) & 22 (pool) Janitorial visits to clean up park site o 2x Grass cut & 1x detailed grounds (pool) o 1x Herbicide (pool) o 22 (park) & 22 (pool) Trash removal Buccaneer Park o 22 Janitorial visits to clean up park site o 22 Trash removal Bunche House o 7 Janitorial visits to clean up park site o 1x Herbicide o 7 Trash removal Bunche Park & Pool o 7 (park) & 7 (pool) janitorial visits to clean up sites o 2x Grass cut & detailed grounds (park) o 1x Herbicide (park) 1x Herbicide (pool) o 7 (park) & 7 (pool) trash removal Cloverleaf Park o 22 Janitorial visits to clean up park site o 2x Grass cut & detailed grounds o 1x Premises blown Page 376 of 383 45 o 22 Trash removal Maintenance Compound ο 1x Grass cut & detailed grounds Miami Carol City Park o 22 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Herbicide o 22 Trash removal Mt. Herman Church o 7 Janitorial visits to clean up park site o 7 Trash removal Myrtle Grove Park & Pool o 7 Janitorial visits to clean up park site o 2x Grass cut & detailed grounds (park) 1x (pool) o 7 Trash removal North Dade Optimist Park o 23 Janitorial visits to clean up park site o 1x Herbicide o 23 Trash removal Norwood Park and Pool o 22 (park) & 22 (pool) Janitorial visits to clean up sites o 1x Grass cut & detailed grounds (park) o 22 (park) & 22 (pool) Trash removal Rolling Oaks Park o 22 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Premises blown o 22 Trash removal Scott Park o 7 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Herbicide o 7 Trash removal 183rd Street & 12th Avenue o 1x Grass cut & detailed grounds o 1x Herbicide Vista Verde Park o 22 Janitorial visits to clean up park site Page 377 of 383 46 o 22 Trash removal 􀂾 All park irrigation systems checked and repaired 􀂾 Removed debris from all parks TRADES A.J. King Park o 6/21 Repaired the chain linked fence at the park o 7/7 Repaired the overflowing urinal in the boys restroom Andover Park o 6/21 Changed two broken valves and a few broken sprinkler heads Bennett M. Lifter ο 6/25 Repaired the lock on the back door ο 6/25 Changed the light bulb in the restroom ο 6/25 Cleaning supplies requested ο 7/2 Replaced the cover to the birds nest on the back porch ο 7/2 Repaired the front door Brentwood Park and Pool ο 6/21 Cleaned the graffiti off the pool wall o 6/25 Repaired the lock on the front door (park) o 7/1 Replaced the door frame on the chlorine room (pool) o 7/7 Replaced the soap dispenser in the boys restroom o 7/7 Playground replacement parts installed Buccaneer Park ο 6/25 Repaired the fence Bunche Park o 6/25 Irrigation assisted the tradesmen with installing football goals Myrtle Grove Park & Pool ο 6/15 Replaced the closer spring on the door ο 6/24 Irrigation assisted trades with building water leak repairs North Dade Park o 6/22 Changed broken sprinkler heads and repaired a lateral line Norwood Park & Pool ο 6/18 Repaired the cracking pavement on the basketball court o 6/20 Paint the new areas of the sidewalk yellow (park) o 6/30 Remove the picnic table from the park Page 378 of 383 47 Rolling Oaks ο 7/8 Repaired the soccer goal Scott Park ο 6/18 Repaired the side door (teen bldg) ο 6/25 Repaired the water fountain ο 6/25 Replaced the light bulb in the girls restroom (teen bldg) ο 7/2 Replaced two light bulbs in the girls restroom ο 7/6 Repaired the broken swing Meetings 6/16: Art in Public Places 6/16: Management Team Meeting 6/17: Parks and Recreation Advisory Committee 6/22: Miami Carol City Park sports lighting 6/23: Management Team Meeting 7/7: Management Team Meeting 7/8: Council Agenda Review 7/8: Director’s Meeting 7/13: Art in Public Places Current Projects 􀂾 Park Audits: Director has continued park audits to determine efficiency and areas of improvement. 􀂾 Betty T. Ferguson Recreational Complex: The Community Center Manager continues to work on gathering all FF&E items, develop the Policy & Procedures Manual for the center as well as the Standard Operating Procedures and programming that will be set at the center. 􀂾 Norwood Pool renovation: The Aquatic Facilities Manager has worked closely with Capital Improvements to insure the project is completed. 􀂾 Miami Carol City Park Sports Lighting: The project is currently underway with completion anticipated at the end of August. PLANNING & ZONING (Jay Marder, Director) PLANNING – Jay Marder, Bhairvi Pandya • School Inter-local Agreement (ILA) Amendment – Presented Agenda information item to City Council at July 7, 2010 Zoning meeting. Mayor’s directed the City Attorney to send a letter to Miami-Dade Public Schools to express City Council’s concerns regarding ILA amendments and invite the School Board representative of Miami Gardens and School Board staff for further clarification at the next meeting. Page 379 of 383 48 LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Jay Marder, Bhairvi Pandya, Nixon Lebrun, Marilu Gunness • Prepared LDR amendments and presented to Council at July 7, 2010 meeting. Following up with interested parties on a workshop to be held, tentatively, in Optober relative concerns raised at meeting such as knee-walls. • Prepare EDEN routing for new Implementation of new LDR applications and new procedures. • Prepare new fees for new LDR applications and procedures. Update existing fees and coordinate with Building Services and Code Compliance Divisions. All fee changes will be presented to Council together as an update to the Fee Manual. • Continued work on City’s Landscape Manual. Interim Manual to be placed on city’s website. • Instructed to amend sign regulation to address additional billboard-related regulations per City Attorney directions. • Applications Book and Status Table – Compiled all P&Z applications into a binder with a status table depicting progress on new applications in Eden and hard-copy applications. • Preparing Policy SOP’s for Commercial Vehicle Parking, Landscape, Signs and Alcoholic Beverages for use with Planning and Zoning and Building and Code Enforcement Department. Met with all interested staff and finalizing documents. These SOP’s will provide strategies and standard approaches for implementing and enforcing the LDRs. They will be adopted by Building and Code Compliance as well as the Planning and Zoning Department. o Two meeting with Building and Code Compliance for coordination and drafting of SOP for policy decisions on enforcement activities and implementation of LDRs. • Preparing internal SOPs for new LDR approval procedures, for Substantial Compliance, Vested Rights Determination, Commercial Vehicle Parking Permits, Administrative Modifications, Certificate of Non-Conformity Landscape Plan Approval, and Tree Removal Permits. • Completed internal flowcharts on the following: 1. Zoning Verification Letter (VL) 2. Address Assignment (AA) 3. Group Home Verification Letter (GH) 4. Tree Removal/Relocation Permit – ongoing 5. Once outlines for all departmental application processes are finalized, the remaining SOPs will be completed. • Customer Information flowcharts completed on the following: 1. Zoning Verification Letter (VL) 2. Address Assignment (AA) 3. Group Home Verification Letter (GH) 4. Tree Removal/Relocation Permit-ongoing • Color-coded customer informational brochures completed on all 13 Zoning Districts and their general requirements and a special brochure for Townhomes also included. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner Page 380 of 383 49 • Public Hearings o Prepare final Florida Memorial University rezoning application for the July 7, 2010 meeting. Present to Council for first reading. o Pre-application meeting for Mishkan T’Hillah Worship Center submittal for rezoning for place of assemebly. o Review PH submittal for Mishkan T’Hillah Worship Center for rezoning of property located generally at NW 167 Street and NW 28 Avenue for sufficiency. o Meeting with Mishkan T’Hillah Worship Center on concerns on proposed rezoning request and option for withdrawal. o Commence drafting and noticing for PH for September meeting. • Plats o Follow up on ROW vacation and time extension for Miami Gardens Community Center Plat. Extension filed with County for approval on July 10, 2010. o Review Tentative Plat submittal for Florida Memorial University for replatting of property for development of new dormitories as a requirement of the rezoning PH application. o Review submittal of ROW vacation for Florida Memorial University required for Plat approval for for sufficiency to process application. o Coordinate with Florida Memorial University surveyor for submittal compliance for ROW vacation. o Coordinate with City surveyor or review of Tentative Plat for Florida Memorial University. • Vested Rights Determination o Review submittal for Vested Rights Determination for Kimco Shopping Center. o Review submittal for Vested Rights Determination for Emerald Lakes Residential. • Building/Code Compliance o Reviewed 60 Building Permits o Reviewed 30 Certificates of Use o Conducted 12 Zoning (Building) Inspections • Sign Code Permits o 1 sign plans processed. o 9 Temporary sign permit processed. • Zoning Verification Letters o 2 processed. • Group Homes o 3 Group Homes (Community Residential Home) 1,000’ radius verification letters. • Address Assignment • 1 address assignment • Commercial Vehicle Parking o 2 permits • Meetings o Mishkan T’Hillah Worship Center: submittal for rezoning for place of assembly. o FMU: pre-submittal meeting for rezoning, Tentative Plat, and ROW vacation. o Antioch Baptist Church: Reviewed processes necessary to proceed with revised construction/expansion plans. o Moravian Church: Reviewed processes necessary to proceed with expansion of a banquet hall. Page 381 of 383 50 o LuLu’s Car Wash Signage: Met on site with owner after reviewing Sign Plan to discuss possible additional signage. • Project Management o Coconut Cay: Prepared Bond Updates and coordinated release of bond for 204th guardhouse o Coconut Cay: Coordinated with DR Horton regarding 207th guardhouse address issues with county. EDEN – Marilu Gunness, Bhairvi Pandya, Jacqueline Gardner • Attended Eden Permit Types and Permit Fees Training from June 21 through June 24, 2010. Created permit types, permit fees/formulas (for new permits) and routing queues for all existing and new P&Z permits. Finalizing permit types and routing queues ongoing. • Attend one week training on EDEN reports. • Parcel Refresh -Meeting on July 7, 2010 with ACM, Director and IT to consider further steps on completion of Parcel Refresh. Proposal by IT to edit one folio address at a time in Parcel Module in order to update and clean existing database. Time estimated to complete edit process -approximately 6 months. IT to find out tracking method (if possible) for all edited folio addresses to facilitate a status report for reach group update. IT has determined that the process can be tracked to insure quality control. ACM to follow-up on staff and funding resources to edit 28,327 parcels in current database. GIS – Bhairvi Pandya • Community Development Department Map – Created and updated Bunche Park Paint Program Map and table. Updated all 37 properties with each folio number for the database (Jackie Gardner). Cleaned database and formatted same for GIS analysis and to create a map. • City Parcels Map -Created a new Citywide Parcels map. Track-It sent for map to be placed on City website. • Group Home Maps -Completed 3 group home maps with a 1,000 ft. radius. • Mishkan T’Hillah Worship Center -3 maps: Created Mailed Notice Radius map and corresponding property owners listing, zoning map and aerial map for public hearing. • Code Compliance – Created a 34 x 22 poster for Customer Week. • Building Division – Created a 34 x 22 poster for Customer Customer Week. • Website updates – Ongoing-Continuous communication and meetings with IT to address departmental updates on website. SUNSHINE STATE INTERNATIONAL PARK • Entertainment District Zoning Overlay: Drafted 13th Avenue Corridor aerial/parcel map and a permitted use table to provide for entertainment uses. • Contacts List: Developed two databases for the SSIP. (1) A database of all property owners in the SSIP including contact names and contact phone numbers. Applicable information from Sign Code contacts was updated into this database. Total owners in SSIP =142. (2) A database of all active businesses in the City including contact names and contact phone numbers was derived from EDEN Page 382 of 383 51 license module. GIS analysis was conducted to extract SSIP businesses. Total active businesses in SSIP = 110. Additional research was conducted by contacting and visiting the Webb Realtor Office and Marc Napolitano’s office in SSIP. Visited Marc Napolitano’s office for more information. An SSIP business list will be provided by him in the near future. All tables will be updated with missing information in the near future. COMPLETE COUNT CENSUS CAMPAIGN – Jay Marder • Holy Family Episcopal Church – Working with Pastor Ward and the local census office on a potential census worker appreciation event. OTHER • Jay – As requested by ACM, met with Sister Lucia at Marian Center regarding zoning of property on NW 37th Avenue and the possibility of an agricultural use for clients at the facility. Notified ACM Nelson and Violence Prevention director. • Jay and Nixon – Attended American Institute of Certified Planner continuing education programs: o Dania Beach Redevelopment Program o Recent Legal Issues and Development Related to Zoning • Jay – Participated as a speaker at the Building and Code Enforcement Department’s Customer Service program on July 15. • Bhairvi-Attended monthly Miami-Dade Planners Technical Committee (PTC) Meeting. • Bhairvi -Attended monthly MPO Transportation Planning Council Meeting. • All – HR Orientation on new Manual. Page 383 of 383