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HomeMy WebLinkAboutJune 23, 2010 City Council Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: June 23, 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 – May 26, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) June23, 2010 Page 1 Page 1 of 187 Regular City Council Agenda June23, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Jay Marder – 2010 Census Update F-2) Councilman Williams – Kohn Casbarro, KAPOW Presentation F-3) Councilman Gilbert – NAACP ACT-SO F-4) City Manager – Employee of the Month and 5 Year Pin F-5) FY 09-10 Distinguished Budget Award (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING: (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) (1st Reading – June 9, 2010) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010); (“THE MARK WANDALL TRAFFIC SAFETY ACT”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; [PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – June 9, 2010) I-3) AN ORDINANCE OF CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE Page 2 of 187 Regular City Council Agenda June23, 2010 Page 3 STORAGE OF SOLID WASTE RECEPTACLES; PROVIDING FOR ADOPTION OF REPRESENTATIVES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) (1st Reading – June 9, 2010 (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (“LETF”) FOR THE LAW ENFORCEMENT PURPOSES DESCRIBED HEREIN; 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, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF TWO HUNDRED SEVENTEEN THOUSAND, FOUR HUNDRED SIXTY-NINE DOLLARS AND 41/100 CENTS ($217,469.41) TO SHI INTERNATIONAL CORP., THE STATE OF FLORIDA’S APPROVED VENDOR FOR MICROSOFT SOFTWARE LICENSES FOR COMPUTERS, SERVERS AND OTHER DEVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AMENDMENT TO THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT “A,” TO TRANSFER THE SUM OF THREE MILLION DOLLARS ($3,000,000.000) FROM THE CITY’S CURRENT NINE MILLION, EIGHT HUNDRED THIRTY THOUSAND DOLLARS ($9,830,000.00) GENERAL OBLIGATION BOND (“GOB”) ALLOCATION TO THE BETTY T. FERGUSON RECREATIONAL COMPLEX CENTER PROJECT FOR THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT; PROVIDING FOR INSTRUCTIONS TO THE CITY Page 3 of 187 Regular City Council Agenda June23, 2010 Page 4 CLERK; 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 TO ISSUE A PURCHASE ORDER TO BLISS PRODUCTS AND SERVICES, INC., IN THE AMOUNT OF TWO HUNDRED SIXTY THOUSAND, NINE HUNDRED EIGHTY FIVE DOLLARS ($260,985.00), FOR THE PURCHASE OF PLAYGROUND EQUIPMENT, SURFACING AND DEMOLITION OF EXISTING PLAYGROUND EQUIPMENT AT A. J. KING PARK; 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 APPROVAL OF A SETTLEMENT IN THE LITIGATION MATTER OF CITY OF MIAMI GARDENS VS. FIRST SEALORD SURETY, INC. AND GROUP II, INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO FINALIZE THE SETTLEMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TOMILLER ELECTRIC COMPANY FOR THE PURCHASE AND INSTALLATION OF AN EMERGENCY ADVISORY RADIO SYSTEM, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE THOUSAND, SEVEN HUNDRED FORTY-THREE HUNDRED DOLLARS ($209,743.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN ADDENDUM TO THE SERVICE AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR THE INSTALLATION AND SERVICING OF RED LIGHT CAMERAS AND ACCESSORIES IN Page 4 of 187 Regular City Council Agenda June23, 2010 Page 5 CONNECTION WITH THE CITY’S RED LIGHT CAMERA PROGRAM; 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 OF MIAMI GARDENS, FLORIDA DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS AND/OR TAXABLE OBLIGATIONS FOR CERTAIN CAPITAL EXPENDITURES MADE AND TO BE MADE BY THE CITY WITH RESPECT TO THE ACQUISITION AND IMPROVEMENT OF LAND AND THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A NEW TOWN CENTER FACILITY THEREON CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE; AUTHORIZING CERTAIN INCIDENTAL ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) (K) RESOLUTIONS (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 5 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Mayor Shirley Gibson Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); 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: The City of Miami Gardens has a Local Preference Program whereby local businesses are allowed a five percent (5%) ranking preference when submitting responses to City solicitations. Mayor Gibson is recommending that the Purchasing Ordinance (No. 2005-10-48) be amended to increase the local business preference from five percent (5%) to ten percent (10%) to increase the benefit to local businesses. Proposed Action: Mayor Shirley Gibson recommends that the City Council approve the proposed amendment to Ordiance 2005-26-64 to increase the local preference to 10%. Attachment: None. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Amending Ord. 2005-10-48 Increase to the Local Preference Page 6 of 187 __________________ 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 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); 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, on June 22, 2005, the City of Miami Gardens adopted Ordinance No. 2005-26-64 to amend the Purchasing Procedures Ordinance to include a Local Preference Program, and WHEREAS, local businesses are currently allowed a five percent (5%) ranking preference when submitting responses to City solicitations, and WHEREAS, in order to provide an incentive for local businesses to participate in the competitive bidding process, and WHEREAS, Mayor Gibson recommends that the Purchasing Ordinance (No. 2005-10-48) be amended to increase the local business preference from five percent (5%) to ten percent (10%), Page 7 of 187 __________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 8 9 10 11 12 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 16 of Ordinance No. 2005-10-48, as amended, is hereby amended as follows: Section 16: Local Preference in Bidding. Except where federal or state law or funding source restriction mandates to the contrary, in the purchase of goods, general services, or professional services governed by the Procurement Code, preference shall be awarded to licensed entities with physical addresses in the City of Miami Gardens (“local businesses”) in 13 the following manner: 14 15 (A) Competitive Bid: When a responsive, responsible non-local business 16 submits the lowest price bid, and the bid submitted by one or more responsive, 17 responsible, local businesses is within 5% 10% of the bid submitted by the non18 local business(s), then local businesses shall have the opportunity to submit, within 19 five (5) working days of the bid opening, a best and final bid equal to or lower than 20 the amount of the low bid previously submitted by the non-local business. Contract 21 award shall be made to the responsive, responsible business submitting the lowest 22 best and final bid. In the case of a tie in the best and final bid between a local 23 business and a non-local business, contract award shall be made to local business. 24 25 (B) For contract awards based upon evaluation criteria pursuant to a points 26 system, there shall be a local participation criterion of 5% 10% of the total points 27 awarded. The points shall be awarded as follows: 28 29 30 Local Business Participation Points 31 100% 5 10 32 50% to 99% 3 8 Page 8 of 187 __________________ Language deleted is stricken through and language added is underlined 3 1 20% to 49% 2 5 2 5% to 19% 1 3 3 4 5 6 7 >5% 0 1. Maximum points will be awarded to the proposer if 100% or more of the total project work is performed by a local business. Percentages reflect the amount of total contract value proposed to be assigned to local businesses. In the case of contracts awarded pursuant to the Consultants Competitive 8 Negotiation Act, the percentages reflect the amount of total project work, 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 which shall be equated to the project dollars, assigned to local businesses. 2. The percentage of local business participation will be calculated by dividing the proposer’s expenditures to a local business subcontractor for providing direct labor or a bonified service, by the total project dollars as identified in the proposal. 3. A proposer may count toward its local business participation, the fees or commissions charged for providing direct labor or a bona fide service, such as professional, technical consultant or managerial services. 4. The city will not count toward a proposer local business participation any portion or portions of the local business subcontractor’s work that is subcontracted back to: a. The proposer, either directly, or through any other company or firm owned or controlled by the proposer. b. Any non-local business. 5. A local business shall not be permitted to subcontract all or a majority of the subcontractual portion of the work to another non-local business. A local business subcontractor shall be prohibited for engaging in a subcontractual agreement with the intent of collecting a broker’s fee or commission. A local business subcontractor shall also be prohibited from entering into a subcontractual agreement with a firm whose employees perform none of the direct labor or service activities specified in the contract. 6. Participation by a local business shall not be considered and the local business shall be disqualified if the owner of the local business enters into an agreement with a non-local business with the intent of securing Page 9 of 187 __________________ Language deleted is stricken through and language added is underlined 4 1 2 3 16 21 25 32 33 34 35 36 37 employment with that non-local business during the course of performing a city contract. 4 (C) If a non-local proposer submits a bid or proposal that includes 5 subcontractors that qualify as local businesses, in order to receive local preference 6 consideration, the proposer shall identify all local businesses that will be utilized as 7 subcontractors, and delineate for each the specific elements of work each local 8 business will be responsible for performing and the dollar value of the work as a 9 percentage of the total contract value. All proposals with local business 10 participation shall contain documentation, signed by both the proposer and the local 11 business contractors, which confirms their intent to establish a business relationship 12 and confirms the local business percent. 13 (D) The location of qualified entities shall be considered in determining the 14 qualifications for professional services governed by the Consultants Competitive 15 Negotiation Act. 17 (E) If a tie occurs between two (2) or more local businesses, for those contracts 18 that are to be awarded by the City Manager, the City Manager shall determine to 19 whom the bid will be awarded. For those contracts to be awarded by the City 20 Council, the City Council shall determine to whom the bid will be awarded. 22 (F) Waiver: The application of local preference to a particular purchase, 23 contract, or category of contracts may be waived upon written recommendation of 24 the City Manager and approval of the City Council. 26 (G) Other preferences: The preference established herein in no way prohibits 27 the right of the City Council to compare quality of materials proposed for purchase 28 and compare qualifications, character, responsibility and fitness of all persons, 29 firms, or corporations submitting bids or proposals. Further, the preference 30 established herein in no way prohibits the right of City Council from giving any other 31 preference permitted by law instead of the preference authorized herein. 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 Page 10 of 187 __________________ Language deleted is stricken through and language added is underlined 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 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 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 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 9th DAY OF JUNE, 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: Page 11 of 187 __________________ Language deleted is stricken through and language added is underlined 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON Moved by: __________________ Second by: _________________ VOTE: _________ 20 Mayor Shirley Gibson ____ (Yes) ____(No) 21 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 22 Councilman Melvin L. Bratton ____(Yes) ____(No) 23 Councilman Oliver Gilbert III ____ (Yes) ____(No) 24 Councilman Andre’ Williams ____(Yes) ____(No) 25 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 26 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 12 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Dr. Danny Cre City Manager w, Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) (“THE MARK WANDALL TRAFFIC SAFETY ACT”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On May 13, 2010, Governor Charlie Crist signed the Mark Wandall Traffic Safety Act resulting in Chapter 2010-80, Laws of Florida (2010). The new law becomes effective on July 1, 2010. Therefore, it is necessary to amend Ordinance No. 2007-26-132, commonly known as the “Dangerous Intersections Ordinance” to make the provisions consistent with general law. The following is a summary of the major changes in the new law: • The civil penalty will increase from $125.00 to $158.00. However, the amount of money paid to the City will decrease because of violations committed within the City’s ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Amending Ord. 2007-26-132 Red Light Program Page 13 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 boundaries, the fee will be apportioned between the City, the State’s General Revenue Fund and the State’s Brain and Spinal Injury Cord Trust Fund. • All due process procedures associated with a red light camera infractions will be handled by the Miami-Dade County Clerk of Courts. • The general oversight of the red light camera program has been preempted to the State of Florida. • Red light cameras are permitted on state roadways and rights-of way through a permitting process governed by Florida Department of Transportation (FDOT). • The new legislation also permits the use of traffic infraction enforcement officers, instead of police officers, to review video images to determine whether a red light camera infraction has occurred. As a result of the new legislation, in the upcoming weeks, staff will bring before Council a contract amendment with the City’s current Red Light Camera System vendor, American Traffic Solutions (ATS). This contract amendment will revise the current compensation structure to put the City’s third parry vendor contract with ATS in line with new statutory requirements. Proposed Action: That the City Council approve an amendment to Ordinance No. 2007-26-132 , as amended, commonly referred to as the “Dangerous Intersections Ordinance”. Attachment: 1-Chapter 2010-80, Laws of Florida Page 14 of 187 __________________ 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 31 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) (“THE MARK WANDALL TRAFFIC SAFETY ACT”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted CS/CS/HB325 during the 2010 Legislative Session, authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida Statutes, and WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May 13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the “Mark Wandall Traffic Safety Act” or the “Act”) taking effect on July 1, 2010, and WHEREAS, the running of red lights continues to be a safety hazard affecting every citizen and traveler in the City of Miami Gardens, and WHEREAS, as of July 1, 2010, the Mark Wandall Traffic Safety Act, and WHEREAS, the City Council desires to amend Ordinance No. 2007-26-132 to conform with and implement the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 15 of 187 __________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 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: Ordinance No. 2007-26-132 is hereby amended as follows: A. Intent. 8 The purpose of this Ordinance is to authorize the use of an unmanned cameras/monitoring system traffic infraction detectors to promote compliance with red light signal directives as proscribed by this 9 Ordinance, and to adopt a civil enforcement system for red light signal violations 10 11 , in accordance with 12 Chapter 2010-80, Laws of Florida (2010) (the “Mark Wandall Traffic Safety Act” or the “Act”). This Ordinance will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance accordance with other routine statutory traffic enforcement techniques. 13 14 15 16 The City 17 intends that the Mark Wandall Traffic Safety Act govern the City’s Dangerous 18 Intersection Program. 19 20 B. Use of Image Capture Technologies. 21 The City shall utilize image capture technologiestraffic infraction 22 detectors as a supplemental pursuant to the Mark Wandall Traffic Safety Act as a 23 24 25 26 means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This Ordinance shall not supersede, infringe, curtail or impinge upon state or county 27 laws related to red light signal violations or conflict with such laws. This 28 Ordinance shall serve to enable the City to provide enhanced enforcement and respect for authorized traffic signal devices pursuant to Florida Statutes. The City shall utilize image capture technologies 29 traffic infraction detectors as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and injuries associated with such violations. Notices of infractions 30 31 32 33 issued pursuant to this article shall be addressed using the City’s own Special 34 Magistrates pursuant to Article V of Chapter 2 of the City Code and not through 35 uniform traffic citations or county courts. 36 37 C. Definitions. Page 16 of 187 __________________ Language deleted is stricken through and language added is underlined 3 1 2 3 4 5 6 7 8 9 10 11 12 13 The following definitions shall apply to this Ordinance: 1. Intersection shall mean the area embraced within the prolongation or connection of the lateral curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. 2. Motor vehicle shall mean any self-propelled vehicle not operated upon rails or guideways, but not including any bicycle, motorized scooter, electric personal assisted mobility device, or moped. 3. Notice of Infraction Violation or Traffic Citation shall mean a citation issued for a red zone infraction. 14 15 16 17 18 4. Owner/vehicle Owner shall mean the person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle 19 registration registration office, as the registered owner of a vehicle. Such term 20 shall also mean a lessee of a motor vehicle pursuant to a lease of 21 six months or more. 22 23 5. Recorded Images shall mean images recorded by a traffic control 24 signal monitoring system/device on: infraction detector which is 25 operated in accordance with this Ordinance. 26 27 a. Two or more photographs, or 28 Two or more electronic images; or 29 Two or more digital images; or 30 Digital or Video movies; or 31 Any other medium that can display a violation; and 32 33 b. Showing the rear of a motor vehicle and on at least one 34 image, clearly identifying the license plate number of the 35 vehicle. 36 37 6. Red Zone infraction shall mean a traffic offense whereby a traffic 38 control signal monitoring system established that a vehicle entered 39 an intersection controlled by a duly erected traffic control device at 40 a time when the traffic control signal for such vehicle’s direction of 41 travel was emitting a steady red signal infraction detector indicates 42 a violation of this Ordinance. 43 44 7. Special Master shall mean the City’s Code Enforcement Special Page 17 of 187 __________________ Language deleted is stricken through and language added is underlined 4 1 Master 2 3 4 5 6 7 Traffic Control Signal shall mean a device exhibiting different colored lights or colored lighted arrows, successively one at a time or in combination, using only the colors green, yellow, and red which indicate and apply to drivers of motor vehicles as provided in Florida Statutes §316.075. 8 8. Traffic Control Signal Monitoring System/Device shall mean an 9 electronic system consisting of one or more vehicle sensors, 10 working in conjunction with a traffic control signal, still camera and 11 video recording device, to capture and produce recorded images of 12 motor vehicles entering an intersection against a steady red light 13 signal indication. 14 15 Traffic Infraction Detector. A vehicle sensor(s) installed to work 16 in conjunction with a traffic control signal and a camera or 17 cameras synchronized to automatically record two or more 18 sequenced photographic or electronic images or streaming 19 video of only the rear of a motor vehicle at the time the vehicle 20 fails to stop behind the stop bar or clearly marked stop line 21 when facing a traffic control signal steady red light. 22 23 9. Traffic Infraction Review Officer. The City of Miami Gardens 24 employee designated, in accordance with the Mark Wandall 25 Traffic Safety Act, to review recorded images and issue red 26 zone infractions based upon those images. 27 28 29 D. Adherence to Red Light Traffic Control Signals. Pursuant to the Mark Wandall Traffic Safety Act, Mmotor vehicle traffic facing a traffic control signal’s steady red light indication shall stop before entering the crosswalk on the near side of an intersection or if none, then before entering the intersection, and shall remain standing until a green indication is shown on the traffic control signal. However, the driver of a vehicle that is 30 31 32 33 34 approaching stopped at a clearly marked stop line, but if none, is approaching before entering 35 36 the crosswalk on the near side of the intersection or, if none, then is approaching at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn 37 38 39 in a careful and prudent manner (unless such turn is otherwise prohibited by posted sign or other traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as directed by the traffic control signal at the intersection. 40 41 42 43 44 Page 18 of 187 __________________ Language deleted is stricken through and language added is underlined 5 1 2 3 E. Violation. A violation of this Ordinance, known as a Red Zone Infraction, shall occur when a vehicle does not comply with the requirements of Section G D. Violations shall be enforced pursuant to paragraph (7) herein 4 5 the Mark Wandall Traffic 6 Safety Act. 7 8 F. Six-month notice: introductory period. 9 10 For the first two months of this Ordinance, unless the driver of a 11 vehicle received a citation from a police officer at the time of a Red 12 Zone Infraction in accordance with normal traffic enforcement 13 techniques, the vehicle owner shall receive a courtesy notice of the 14 violation. Commencing two months after the effective date of the 15 Ordinance, the vehicle owner is subject to the enforcement provision 16 as provided herein. 17 18 19 Implementation of the Mark Wandall Traffic Safety Act. 20 The City Manager is authorized to implement the provisions and 21 requirements of Chapter 2010-80, Laws Laws of Florida (2010), as may be 22 amended from time to time, and may take any action which is necessary for 23 such purpose. 24 25 26 27 28 G. Review of Recorded Images. 1. The owner of the vehicle which is observed by Recorded Images committing a Red Zone Infraction, shall be issued a 29 Notice of violation in accordance with the Mark Wandall Traffic 30 Safety Act.The Recorded Image shall be sufficient grounds to 31 issue a City Notice of Infraction. 32 2. The City may utilize Law Enforcement Officers and/or The City may designate a Traffic Control Infraction Review 33 34 Infraction Enforcement Officer(s), who shall meet the qualifications set forth in §316.640(5)(A), Florida 35 36 Statutes, or any other relevant statute the 37 Mark Wandall Traffic Safety Act. The Traffic Control Infraction Review Officer(s) shall review Recorded Images prior to the issuance of a Notice of Violation/Infraction to ensure accuracy and the integrity of the Recorded Images. The Traffic Control Infraction 38 39 Officer(s), 40 41 or the City’s agent, shall also verify that the recorded 42 Traffic Control Monitoring System/Devices that captured the 43 Recorded Images was functioning properly at the time the 44 Recorded Images were captured the accuracy and integrity of the Page 19 of 187 __________________ Language deleted is stricken through and language added is underlined 6 recorded image. Once the Traffic Control Infraction Review Officer has verified the accuracy of the Recorded Images and functionality 1 2 of the Traffic Control Monitoring System/Devices, a Notice of Violation/Infraction shall be sent to the Vehicle Owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles 3 4 5 6 or the address on record with the appropriate 7 agency having such information in another state. 8 9 H. Notice of Violation/Infractions/Hearings. 10 11 The All Notices of Violation/Infraction and hearings shall be issued and 12 heard in accordance with the Mark Wandall Traffic Safety Act. include: 13 14 1. The name of the vehicle owner, and the current address as listed 15 on the vehicle registration with the Department of Highway Safety 16 and Motor Vehicles; 17 18 2. The license Plate number and registration number of the vehicle; 19 20 3. The make and year of the vehicle; 21 22 4. Notice that the violation charged is pursuant to this Ordinance; 23 24 5. The location of the intersection where the violation occurred; 25 26 6. The date and time of the red zone infraction; 27 28 7. Notice that the Recorded Images relating to the vehicle and a 29 statement that the recorded images are evidence of a red zone 30 infraction; 31 32 8. The civil penalty imposed; 33 34 9. Images depicting violation; 35 36 10. The procedures for payment of the civil penalty and contesting the 37 notice of infraction; 38 39 11. The name of the Traffic Control Infraction Officer(s) that, based on 40 inspection of recorded images, the vehicle was involved in a Red 41 Zone Infraction; 42 43 12. Information advising the person alleged to be liable under this 44 Section of the manner and time in which liability as alleged in the Page 20 of 187 __________________ Language deleted is stricken through and language added is underlined 7 1 Notice of Infraction may be appealed, and warning that failure to 2 pay the civil penalty or to contest liability in a timely manner is an 3 admission of liability. 4 5 I. Vehicle Owner Responsibilities. 6 7 A vehicle Owner receiving a Notice of Infraction may, within twenty one 8 (21) days of the date of the Notice of Infraction: 9 10 1. Pay the assessed civil penalty pursuant to instructions on the notice 11 of infraction; or 12 13 2. Request an appeal pursuant with procedures as outlined in this 14 Ordinance 15 16 Signage. 17 18 When the City installs a traffic infraction detector at an intersection, it 19 shall erect signage at the intersection sufficient to notify the public that 20 a traffic infraction detector may be in use at the intersection and shall 21 include specific notification of intersection safety camera enforcement 22 of violations concerning right turns. Such signage shall meet the 23 specifications for uniform signals and devices adopted by the 24 Department of Transportation pursuant to §316.0745, Florida Statutes. 25 26 J. Appeals to Special Master. 27 28 1. The City’s Code Enforcement Special Masters are authorized to 29 consider appeals under this Chapter within twenty one (21) days of 30 the date of the Notice of Infraction; the Vehicle Owner may file an 31 appeal with the City pursuant to the directions in the Notice of 32 Infraction. A hearing on the appeal shall be scheduled for all 33 appeals except those in which the Vehicle Owner submits an 34 affidavit pursuant to Section K of this Ordinance in which the 35 Vehicle Owner affirms under penalty of perjury that the vehicle was 36 not under his or her care, custody or control, or that of someone 37 with Vehicle Owner’s consent. 38 39 2. Upon receipt of the appeal, the City shall schedule a hearing before 40 the Special Master but in no event shall a hearing be scheduled for 41 a date that is more than six (6) months from the date that the Notice 42 of Appeal was received. A Notice of Hearing shall be provided to 43 the Vehicle Owner no less than five (5) days prior to the hearing, 44 and shall be provided by U.S. mail to the current address as listed Page 21 of 187 __________________ Language deleted is stricken through and language added is underlined 8 1 on the vehicle registration with the Department of Highway Safety 2 and Motor Vehicles 3 4 5 3. The following shall be permissible grounds for an appeal: 6 7 a. At the time of the infraction, the vehicle was not under the 8 care, custody, or control of the Vehicle Owner or an 9 individual with Vehicle Owner’s consent, established 10 pursuant to affidavit as provided in Section K of this 11 Ordinance; 12 13 b. The motor vehicle driver was issued a citation by a law 14 enforcement officer, which was separate and distinct from 15 the citation issued under this Section, for violating the steady 16 red traffic control signal; 17 18 c. The motor vehicle driver was required to violate the steady 19 red traffic control signal in order to comply with other 20 governing laws; 21 22 d. The motor vehicle driver was required to violate the steady 23 red traffic control signal in order to reasonably protect the 24 property or person of another’ 25 26 e. The steady red traffic control signal was inoperable or 27 malfunctioning. 28 29 f. The Special Master determines that the City violated a 30 provision of the Ordinance. 31 32 4. The hearing shall be conducted in accordance with Ordinance No. 33 2004-11-27, as amended. 34 35 5. Recorded Images indicating a Red Zone Infraction, verified by the 36 Traffic Control Infraction Review Officer, are admissible in any 37 proceeding before the City’s Special Master to enforce the 38 provisions of this Chapter and shall constitute prima facie evidence 39 of the violation. 40 41 6. Unless an affidavit is provided pursuant to Section K of this 42 Ordinance, it is presumed the person registered as the vehicle 43 owner with the Florida Department of Motor Vehicles or any other 44 state vehicle registration office, or an individual having the owner’s Page 22 of 187 __________________ Language deleted is stricken through and language added is underlined 9 1 consent, was operating the vehicle at the time of a Red Zone 2 Infraction. 3 4 K. Vehicle Owner Affidavit of Non-responsibility. 5 6 In order to for the Vehicle Owner to establish that the motor vehicle was at 7 the time of the Red Zone Infraction, in the care, custody, or control of another 8 person without the consent of the registered owner, the Vehicle Owner is 9 required, within twenty-one (21) days from the date listed on the Notice of 10 Infraction, to furnish to the City, an affidavit setting forth the circumstances 11 demonstrating that the motor vehicle was not in the Vehicle Owner’s care 12 custody or control, or that of a person with Vehicle Owner’s consent. The affidavit 13 must be executed in the presence of a notary, and include: 14 15 a. If known to the Vehicle Owner, the name, address, and the driver 16 license number of the person who leased, rented or otherwise had 17 care, custody, or control of the motor vehicle at the time of the 18 alleged Red Zone Infraction; or 19 20 b. If the vehicle was stolen, the police report indicating the vehicle was 21 stolen at the time of the alleged Red Zone Infraction. 22 23 c. The following language must be placed immediately above the 24 signature line: 25 26 Under penalties of perjury, I declare that I have read the foregoing 27 affidavit and that the facts stated in it are true.” 28 29 d. Upon receipt of an affidavit pursuant to this section, any 30 prosecution of the Notice of Infraction issued to the vehicle owner 31 shall be terminated. 32 33 L J. Penalties and Costs. 34 35 A violation of this Ordinance shall be deemed a non-criminal, non-moving 36 violation for which a civil penalty in the amount of $125.00 shall be assessed. As 37 the violation relates to this Ordinance and not the State Statutes, no points as 38 provided in §322.27, Florida Statutes, shall be recorded on the driving record of 39 the vehicle owner or responsible party. 40 41 All penalties and costs shall be collected in accordance with the Mark Wandall 42 Traffic Safety Act. 43 44 M. Administrative Charges. Page 23 of 187 __________________ Language deleted is stricken through and language added is underlined 10 1 2 In addition to the assessment, administrative charges may be assessed in 3 the event of an appeal or the necessity to institute collection procedures. 4 5 N. Collection of Fines. 6 7 The City may collect a penalty in accordance with Florida Statutes and 8 the City's Code Enforcement Procedures. In addition, the City may enforce such 9 penalty by civil action in the nature of debt. 10 11 O. Exceptions. 12 13 This Ordinance shall not apply to Red Zone Infractions involving vehicle 14 collisions or to any authorized emergency vehicle responding to a bonafide 15 emergency; nor shall a Notice of Infraction be issued in any case where the 16 operator of the vehicle was issued a citation for violating the State Statute 17 regarding the failure to stop at a red light. 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 3. CONFLICT: Sections “A” through “O” of Ordinance No. 2007-26-132, as amended, are hereby repealed. Section 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,” “Article” or Page 24 of 187 __________________ Language deleted is stricken through and language added is underlined 11 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 such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS. A. In accordance with paragraph (C) below of this Section 6, all fines, penalties, fees and costs imposed pursuant to the provisions of Ordinance No. 2007-26-132, which provisions existed immediately prior to July 1, 2010, are hereby authorized, approved, ratified and confirmed, and shall continue to be due and owing until paid to the City. B. The Special Master operating pursuant to Ordinance No. 2004-11-27, as amended, shall continue to have jurisdiction over any violations for which a hearing has been timely requested by the violator pursuant to the provisions of Ordinance No. 2007-26-132 which existed immediately prior to July 1, 2010. C. Notwithstanding any other provision of this Ordinance above, the provisions of Ordinance No. 2007-26-132, which existed immediately prior to July 1, 2010, shall remain in full force and effect solely to the extent necessary to effectuate paragraphs (A) and (B) above of this Section 6, but shall not be applicable to any violation that occurred from and after July 1, 2010. D. The City hereby preserves and reserves each and every right, power, authority, benefit and exemption bestowed upon City and City’s Dangerous Intersection Safety Program (the “Program”) pursuant to CS/HB 325 as enacted by Chapter 2010-80, Laws of Florida (2010), including but not limited to any right, power, authority, benefit and/or exemption vested in City or City’s Program as having been established prior to July 1, 2010 or before other deadlines established by the Mark Wandall Traffic Safety Act. Section 7. EFFECTIVE DATE: This Ordinance shall become effective on July 1, 2010. PASSED ON FIRST READING ON THE 9TH DAY OF JUNE, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. Page 25 of 187 __________________ Language deleted is stricken through and language added is underlined 12 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 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: _________ 30 Mayor Shirley Gibson ____ (Yes) ____(No) 31 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 32 Councilman Melvin L. Bratton ____(Yes) ____(No) 33 Councilman Oliver Gilbert, III ____ (Yes) ____(No) 34 Councilman Andre’ Williams ____(Yes) ____(No) 35 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 36 Councilwoman Barbara Watson ____ (Yes) ____(No) 37 38 39 Page 26 of 187 Page 27 of 187 Page 28 of 187 Page 29 of 187 Page 30 of 187 Page 31 of 187 Page 32 of 187 Page 33 of 187 Page 34 of 187 Page 35 of 187 Page 36 of 187 Page 37 of 187 Page 38 of 187 Page 39 of 187 Page 40 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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 Councilwoman Barbara Watson Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE STORAGE OF SOLID WASTE RECEPTACLES; 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: On March 5, 2005, the City Council of the City of Miami Gardens, adopted Ordinance No. 2005-13-51 to establish standards of maintenance of properties and to improve and enhance the aesthetic environment throughout the City. Since the adoption of the Property Maintenance Ordinance, the City has encountered many cases in which property owners have left solid waste receptacles along the public right-of-ways for extended periods of time prior to and after trash pick-up. As such, Councilwoman Watson is recommending that the City Council amend the Property Maintenance Ordinance to impose requirements for the inconspicuous storage of solid waste receptacles, and to establish a time for removal of receptacles after scheduled solid waste collection. Recommendation: Councilwoman Watson recommends that the City Council approve an amendment to Sections 4 and 15 of the Property Maintenance Ordinance. ITEM I-3) ORDINANCE FIRST READING/PUBLIC HEARING Amending Ord. 2005-13-51 Property Maintenance Ordinance Page 41 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: None Page 42 of 187 ______________________________ 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 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE STORAGE OF SOLID WASTE RECEPTACLES; 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, on March 9, 2005, the City Council of the City of Miami Gardens adopted Ordinance No. 2005-13-51 to establish standards for the maintenance of properties and to improve and enhance the aesthetic environment throughout the City, and WHEREAS, enforcing proper maintenance standards serves a public purpose in creating safe, sanitary and litter-free neighborhoods within the City of Miami Gardens, and WHEREAS, the City has encountered problems whereby property owners are leaving solid waste receptacles along public rights-of-way for extended periods of time, and WHEREAS, the placement and abandonment of waste receptacles for extended periods of time creates blight, litter and animal scavenger problems which poses a threat to the environment and public health, and WHEREAS, the City would like to amend the “Property Maintenance Ordinance” to include requirements for the storage of solid waste receptacles and Page 43 of 187 ______________________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 to establish a time for the removal of receptacles from rights-of-way after scheduled solid waste collection, 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. REPEAL: Section 15-5 of the Miami-Dade County Code of Ordinances, as made applicable to the City of Miami Gardens is hereby repealed. Section 3. AMENDMENT: Section 4 of Ordinance No. 2005-13-51 as amended, is hereby amended to include the following definition: V. Solid waste. Garbage, trash, yard trash (except for compost piles), litter, cuttings from vegetation, refuse, paper, bottles, rags, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial or agricultural operations, as defined in the City Code of Ordinances. 18 W. Solid waste receptacle. A container constructed of such material 19 and in such manner as to hold solid waste and trash and other such items 20 without breaking or collapsing. “Receptacles” shall have handles and covers so 21 that the contents therein are not exposed to weather, animals and vermin. 22 W X Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light stands, towers, tanks, etc. 23 24 25 26 27 28 XY Unimproved lot. Any vacant lot or any lot without structure. 29 YZ Vacant Land. Any parcel of land, whether divided or undivided, upon which there are no structures. 30 31 32 Page 44 of 187 ______________________________ Language deleted is stricken through and language added is underlined 3 1 2 Section 4. AMENDMENT: Section 15 of Ordinance No. 2005-13-51 is amended as follows: SECTION 15. PREMISES E 3 NTRANCE AND EGRESS; EXTERIOR PEDESTRIAN 4 WALKWAYS, PARKING LOTS, GREEN AREAS AND PUBLIC RIGHTS5 OF-WAY. 6 11 15 7 (1) Premises entrances and egresses, including lighting, signage, and 8 landscaping, shall be maintained so as not to cause visibility hazards to motorists 9 or pedestrians. Entrances and egresses shall be maintained in accordance with 10 the approved site plan. 12 (2) Exterior pedestrian walkways, parking lots, green areas and public rights-of13 way shall remain free of obstructions, including but not limited to tables and chairs, 14 merchandise displays, and store merchandise. 16 (3) Solid waste receptacles shall be stored in the rear or along the side of 17 residential property in an inconspicuous manner, except during scheduled solid 18 waste collection. In the event of solid waste collection, receptacles shall not be 19 placed in any public right-of-way prior to 7:00 p.m. the day before a solid waste 20 collection, and all solid waste receptacles shall removed by 11:59 p.m. on the date 21 of the solid waste collection. 22 23 24 25 26 27 28 29 30 31 32 Section 5. CONFLICT: All ordinances or code provisions in conflict herewith are hereby repealed. Section 6. 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 7. 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 Page 45 of 187 ______________________________ 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 31 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 8. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 9th DAY OF JUNE, 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: COUNCILWOMAN BARBARA WATSON Moved by: __________________ Page 46 of 187 ______________________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 Second by: _________________ VOTE: _________ 9 Mayor Shirley Gibson ____ (Yes) ____(No) 10 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 11 Councilman Melvin L. Bratton ____(Yes) ____(No) 12 Councilman Oliver Gilbert III ____ (Yes) ____(No) 13 Councilman Andre’ Williams ____(Yes) ____(No) 14 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 15 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 47 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: Law Enforcement Trust Fund Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (“LETF”) FOR THE LAW ENFORCEMENT PURPOSES DESCRIBED HEREIN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Upon implementation of the Miami Gardens Police Department the City Council created by ordinance, the Law Enforcement Trust Fund (LETF). This Fund is authorized authorized by Florida State Statute as an account to process seized and forfeited funds received by the Police Department. The funds may be used for law enforcement purposes to include in part “providing matching funds to obtain Federal Grants, providing additional equipment or expertise”. The Statute provides that the funds may be expended by authorization of the governing body. The Miami Gardens Police Department applied for and received funding through the American Recovery and Reinvestment Act to hire nine police officers in furtherance of our community policing initiative entitled “Community Enrichment Team”. The funding provided by the Federal Government pays the ITEM J-1) CONSENT AGENDA RESOLUTION Law Enforcement Trust Fund Page 48 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 salaries for nine “entry” level police officers but the municipality is responsible for supporting the costs associated with fringe benefits and equipment. The Federal Funding pays their salaries for the first three years and passes the continuing costs to the City in year four. It is anticipated that the $50,000 utilized from the LETF will be utilized to fund a portion of the fringe benefits for these nine officers for FY 2009/2010. In addition to the aforementioned expenditure, the Sexual Crimes Unit of the MGPD is in the process of establishing a program to investigate on‐line predators and offenders. Much like the activities highlighted on programs such as “Dateline” and “20/20”, the Department’s program will target on‐line predators that prey on children who use the internet though social networking sites. The cost to start such a program will be defrayed through the LETF. The startup costs is $5,000 which will include the purchase of a dedicated computer and phone line to implement the program. The success of the program will be tracked statistically to measure its success and monitored against the current list of sexual offenders/predators residing in the City. Proposed Action: That the City Council approves the attached resolution authorizing the City manager to expend $55,000 in LETF funds for the law enforcement purposes described above. Attachment: None Page 49 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (“LETF”) FOR THE LAW ENFORCEMENT PURPOSES DESCRIBED HEREIN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Ordinance No. 2008-18-154 and The Florida Contraband Act, the City of Miami Gardens established a Law Enforcement Trust Fund (“LETF”), and WHEREAS, the City is able to expend funds from the LETF for crime, safer neighborhoods, drug abuse education, preventative programs, or for other specific law enforcement purposes, not covered by the City’s general fund, and WHEREAS, the City’s Police Department is seeking authorization from the City Council to expend the sum of Fifty-Five Thousand Dollars ($55,000) from the LETF to cover fringe benefits for the City’s Community Enrichment Team, and WHEREAS, a request is also being made for funding relating to the City’s commencement of a program to investigate on-line predators and offenders, 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 expend Fifty-Five Thousand Dollars ($55,000.00) 1 Page 50 of 187 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 from the Law Enforcement Trust Fund to cover the cost of fringe benefits for the City’s Community Enrichment Team, in the amount of Fifty Thousand Dollars ($50,000.00) and further authorizes funding for a program to investigate on-line predators and sex offenders, in the amount of Five Thousand Dollars ($5,000.00). Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ 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) 2 Page 51 of 187 3 1 Councilwoman Sharon Pritchett (Yes) ___(No) 2 Councilman André Williams (Yes) ___(No) Page 52 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Services ‐Inform ion nology Fund ch at Te Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: State of Florida #252001091 X Sponsor Name Dr. Danny O. Crew, City Manager Department: Information Technology Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF TWO HUNDRED SEVENTEEN THOUSAND, FOUR HUNDRED SIXTY-NINE DOLLARS AND 41/100 CENTS ($217,469.41) TO SHI INTERNATIONAL CORP., THE STATE OF FLORIDA’S APPROVED VENDOR FOR MICROSOFT SOFTWARE LICENSES FOR COMPUTERS, SERVERS AND OTHER DEVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The City Council authorized the City Manager, on May 21, 2008, to enter into a three (3) year agreement, on an annual renewal basis, with Software House International (SHI), Inc to provide the licenses for all Microsoft Products used by the City, in accordance with State of Florida Contract #252‐ 001‐09‐1. Currently, Microsoft products are used on over 600 City computers, servers and other IT devices. The City’s IT Department is required to perform an annual reconciliation and pay the cost of the licenses currently being used by the city. The cost to reconcile is $ 217,469.41. Proposed Action: ITEM J-2) CONSENT AGENDA RESOLUTION P.O. to SHI International Corp. Page 53 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It is recommend that the City Council authorize the City Manager to issue a purchase order in the amount of $217,469.41 to Software House International, the state approved vendor for Microsoft for software licenses for the City. Attachment: Attachment A – SHI Quote Page 54 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF TWO HUNDRED SEVENTEEN THOUSAND, FOUR HUNDRED SIXTY-NINE DOLLARS AND 41/100 CENTS ($217,469.41) TO SHI INTERNATIONAL CORP., THE STATE OF FLORIDA’S APPROVED VENDOR FOR MICROSOFT SOFTWARE LICENSES FOR COMPUTERS, SERVERS AND OTHER DEVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 21, 2008, the City Council authorized the City Manager to enter into a three (3) year Agreement, on an annual renewal basis, with Software House International, Inc., now known as SHI International Corp. (“SHI”), to provide licenses for all Microsoft products used by the City, in accordance with the State of Florida’s Contract #252-001-09-1, and WHEREAS, the City is currently using Microsoft products on over 600 City computers, servers and other devices, and WHEREAS, the cost of the licenses for the current fiscal year is Two Hundred Seventeen Thousand, Four Hundred Sixty-Nine Dollars and 41/100 Cents ($217,469.41), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. 1 Page 55 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue a purchase order in the amount of Two Hundred Seventeen Thousand, Four Hundred Sixty-Nine Dollars and 41/100 Cents ($217,469.41) to SHI International Corp., the State of Florida’s approved vendor for Microsoft software licenses for the City of Miami Gardens computers, servers and other devices. 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 56 of 187 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) Page 57 of 187 Page 58 of 187 Page 59 of 187 Page 60 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: Building Better Com on munitie GOB) d s ( B Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager Department: Capital Improvement Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AMENDMENT TO THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT “A,” TO TRANSFER THE SUM OF THREE MILLION DOLLARS ($3,000,000.000) FROM THE CITY’S CURRENT NINE MILLION, EIGHT HUNDRED THIRTY THOUSAND DOLLARS ($9,830,000.00) GENERAL OBLIGATION BOND BOND (“GOB”) ALLOCATION TO THE BETTY T. FERGUSON RECREATIONAL COMPLEX PROJECT FOR THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background: On November 4, 2004, Miami‐Dade County residents approved the Building Better Communities General Obligation Bond (GOB) Program. As a result, the City of Miami Gardens Parks System was allocated approximately $9.83M (GOB Project 54) for the design and construction of several capital park projects. ITEM J-3) CONSENT AGENDA RESOLUTION Interlocal Agreement w/Miami Dade County Page 61 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In addition to the $9.83M for construction, the City was allocated $3M in GOB funds to support the purchase of furniture, fixtures, and equipment (FF&E) for the Betty T. Ferguson Recreational Complex (previously the Miami Gardens Community Center). As a condition of the GOB Program, the City was required to enter into an Interlocal Agreement with Miami‐Dade County, which sets forth the responsibilities and duties regarding the administration and funding allocation for the approved capital projects. Current Situation: City staff has been coordinating with the County Office of Capital Improvement for several months to release the $3M in GOB funding for FF&E at the Betty T. Ferguson Recreational Complex. Subsequently, staff was advised by the County that the $3M in GOB funding was never properly approved by the Miami Dade County Board of County Commissioners. In light of this revelation, staff was further advised that the Interlocal agreement for the $3M would have to be heard by: (1) the Miami‐Dade Recreation Culture and Tourism Committee; (2) the Building Better Communities General Obligation Bond Advisory Committee; (3) the Board of County Commissioners before the funding for FF&E could be released. This course of action meant that funding needed to complete the center would not be available in time to open the Center later this summer. Because of further negotiations, County staff advised that the only way to expedite the availability of FF&E funds for the Center would be to execute an Interlocal Agreement transferring the funds from the City’s existing $9.83M GOB project. This transfer would provide the City with immediate access to the $3M in FF&E funding to complete the community center, while giving the County time to make the “replacement” funds available through their legislative processes. Under this scenario: GOB Project 54 Initial Funding: $9,830,000 Less Transfer to FFE@Community Center project: ($3,000,000) The funds that must be be replaced by County in order to make project 54 whole Total allocation GOB Project 54 $6,830,000 Due to the protracted period of time it took resolve the $3M GOB funding allocation; staff contacted Commissioner Barbara Jordan to assist the City in securing contracts to replace the funds transferred from GOB project 54. The Commissioner has sponsored the item on behalf of the City and worked to expedite the County legislative process. The status of the approvals is as follows: 1) APPROVED ‐Miami‐Dade Recreation Culture and Tourism Committee on June 7, 2010 2) APPROVED ‐Building Better Communities General Obligation Bond Advisory Committee on June 10,2010 3) SCHEDULED ‐Miami Dade County Board of County Commissioners on July 8, 2010 Proposed Action: It is recommended that the City Council approve the proposed resolution entering into an Interlocal agreement with Miami Dade County for $3M in Building Better Communities General Obligation Bond Program funds for the Betty T. Ferguson Recreational Complex (formerly known as the Miami Gardens Community Center). Page 62 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A: Building Better Communities GOB Interlocal Agreement Page 63 of 187 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 AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AMENDMENT TO THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT “A,” TO TRANSFER THE SUM OF THREE MILLION DOLLARS ($3,000,000.000) FROM THE CITY’S CURRENT NINE MILLION, EIGHT HUNDRED THIRTY THOUSAND DOLLARS ($9,830,000.00) GENERAL OBLIGATION BOND (“GOB”) ALLOCATION TO THE BETTY T. FERGUSON RECREATIONAL COMPLEX PROJECT FOR THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2004, Miami-Dade County residents approved a Building Better Communities General Obligation Bond Program (“GOB”), and WHEREAS, the City of Miami Gardens Park System was allocated approximately Nine Million, Eight Hundred Thirty Thousand Dollars ($9,830,000.00) for the design and construction of several Capital Park Projects, and WHEREAS, in addition to the Nine Million, Eight Hundred Thirty Thousand Dollars ($9,830,000.00), the City was also allocated Three Millions Dollars ($3,000,000.00) in GOB funds to support the purchase of furniture, fixtures and equipment for the Betty T. Ferguson Recreational Complex, and WHEREAS, as a condition for receiving all grant funding, the City was required to enter into an Interlocal Agreement with Miami-Dade County for this purpose, and 1 Page 64 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City has been working with the County for several months to release the Three Million Dollars ($3,000,000.00) in GOB funding for furniture, fixtures and equipment for the Betty T. Ferguson Recreational Complex, and WHEREAS, the City was recently informed by Miami-Dade County, that the funds would have to be transferred from the City’s existing Nine Million, Eight Hundred Thirty Thousand Dollars ($9,830,000.00) GOB Project, to the Betty T. Ferguson Recreational Complex Project, but the County would replace the Three Million Dollars ($3,000,000.00) on approval by the Miami-Dade County Board of County Commissioners, and WHEREAS, Miami-Dade County’s Recreational, Culture and Tourism Committee approved the attached Interlocal Agreement on June 7, 2010, and the GOB Committee approved the Agreement on June 10, 2010, and WHEREAS, this matter will be heard before the Miami-Dade County Board of County Commissioners at the July 8, 2010 meeting, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manger and the City Clerk to execute and attest, respectively, an Amendment to that certain Interlocal Agreement between the City of Miami Gardens and Miami-Dade County, attached hereto as Exhibit “A” to transfer the 2 Page 65 of 187 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 sum of Three Million Dollars ($3,000,000.00) from the City’s current Nine Million, Eight Hundred Thirty Thousand Dollars ($9,830,000.00) General Obligation Bond allocation to the Betty T. Ferguson Recreational Complex Project for the purchase of furniture, fixtures and equipment. The City Council further authorizes the City Manager to take any and all steps to accept the replacement funds from the County. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the Amendment to the Interlocal Agreement with Miami-Dade County, with one (1) to be maintained by the City, and one (1) to be delivered to Miami-Dade County. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER 3 Page 66 of 187 4 1 2 3 4 5 6 7 MOVED BY:_____________________ VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No) 11 Councilman Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No) 15 16 17 Page 67 of 187 Page 68 of 187 Page 69 of 187 Page 70 of 187 Page 71 of 187 Page 72 of 187 Page 73 of 187 Page 74 of 187 Page 75 of 187 Page 76 of 187 Page 77 of 187 Page 78 of 187 Page 79 of 187 Page 80 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: Safe Neighborhood Parks Bond, Park act Fees eral Fun Imp Gen , d Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Clay County Bid #08/093 X Sponsor Name Danny Crew, City Manager Department: Parks & Recreation and CIP Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO BLISS PRODUCTS AND SERVICES, INC., IN THE AMOUNT OF TWO HUNDRED SIXTY THOUSAND, NINE HUNDRED EIGHTY FIVE DOLLARS ($260,985.00), FOR THE PURCHASE OF PLAYGROUND EQUIPMENT, SURFACING AND DEMOLITION OF EXISTING PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background: On July 15, 2009 Miami‐Dade County announced the availability of approximately $6 million in Safe Neighborhood Parks Bond Program (SNP) funds for land acquisition and capital improvements of open public spaces. According to SNP grant stipulations, all funds must be expended within one year after award by the Miami Dade Board of County Commission. On January 29, 2010, the Safe Neighborhood Parks Citizens’ Oversight Committee met to review additional grant applications and make recommendations for award. This Committee put forth the recommendation that the Miami‐Dade Board of County Commissioners award the City of Miami ITEM J-4) CONSENT AGENDA RESOLUTION P.O. to Bliss Producats and Services, Inc Page 81 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Gardens $127,182 to replace the playground equipment at A.J. King Park. This award requires a dollarfor‐dollar match from the City and an accompanying authorizing resolution as “proof of match”. On May 12, 2010 the City Council authorized the matching funds for the playground. Current Situation: City staff contacted Bliss Products and Services, Inc. (Bliss) to provide a proposal to remove the old playground equipment, install new playground equipment and poured‐in‐place surfacing at the A. J. King Park site. Bliss is the vendor with whom Clay County has a contract as a result of a competitive bid process. The City has used this contract to piggy‐back Parks equipment expenditures in the past. In order to expedite the procurement process, the attached quotes reflect the pricing utilizing Clay County’s Bid #08/09‐3. Bliss is a distributor for Kompan, Park’ N Play Playground equipment and SofSurfaces, Inc. which is the playground surface. The The funding for the new playground and playground surface will come from the SNP Grant ($127,182) and the $133,803 match will funded from the Parks and Recreation Department Operating account and Park Impact Fees. Proposed Action: It is recommended that the City Council approves the attached resolution authorizing the issuance of a purchase order to Bliss Products and Services, Inc. in the amount of $260,985.00 for the purchase of playground equipment, poured‐in‐place surfacing and the demolition of the existing playground at A.J. King Park. Attachment: Attachment A: Quotation from Bliss Products for A.J. King Park Attachment B: Schematic Design of playground equipment layout Attachment C: Clay County Bid #08/09‐3 Page 82 of 187 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 TO ISSUE A PURCHASE ORDER TO BLISS PRODUCTS AND SERVICES, INC., IN THE AMOUNT OF TWO HUNDRED SIXTY THOUSAND, NINE HUNDRED EIGHTY FIVE DOLLARS ($260,985.00), FOR THE PURCHASE OF PLAYGROUND EQUIPMENT, SURFACING AND DEMOLITION OF EXISTING PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2009, Miami-Dade County announced the availability of approximately Six Million Dollars in Safe Neighborhood Parks Bond Program Grant Funds (“SNP”) for land acquisition and capital improvements, and WHEREAS, on January 29, 2010, the SNP Oversight Committee agreed to award the City of Miami Gardens the sum of One Hundred Twenty-Seven Thousand, One Hundred and Eighty-Two Dollars ($127,182.00) to replace the playground equipment at A. J. King Park, Park, and WHEREAS, on May 12, 2010, the City Council authorized a dollar-for-dollar match of funds, and WHEREAS, City staff requested that Bliss Products and Services, Inc. (“Bliss”) provide a proposal to remove play ground equipment, install new equipment, and surfacing at A. J. King Park, and WHEREAS, City staff is recommending that the City utilize that certain Clay County’s Bid #08/09-3 for this purpose, and WHEREAS, Bliss is a distributor for Kompan, Park’ N Play playground equipment, which the City has utilized in other park playgrounds, and 1 Page 83 of 187 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 WHEREAS, funding for this purpose will come from the SNP Grant, and the One Hundred Thirty-Three Thousand, Eight Hundred and Three Dollars ($133,803.00) match from the Parks and Recreation Department’s Operating Account and Park Impact Fees, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue a purchase order to Bliss Products and Services, Inc., in the amount of Two Hundred Sixty Thousand, Nine Hundred Eighty-Five Dollars ($260,985.00), for the purchase of playground equipment, surfacing and demolition of existing playground equipment at A. J. King Park. 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 2 Page 84 of 187 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 15 Mayor Shirley Gibson (Yes) ___(No) 16 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 17 Councilman Melvin L. Bratton (Yes) ___(No) 18 Councilman Oliver Gilbert, III (Yes) ___(No) 19 Councilwoman Barbara Watson (Yes) ___(No) 20 Councilwoman Sharon Pritchett (Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) 22 23 24 Page 85 of 187 Bliss Products and Services, IncQuotation 6831 S. Sweetwater Rd.Lithia Springs, GA 30122(800) 248-2547(770) 920-1915 Fax 19082 Project 3/23/2010 AJ KING PARK Date Bill To Contact CITY OF MIAMI GARDENS1515 N.W. 167th Street BLDG 6, SUITE 300MIAMI GARDENS FL 33169 Phone 305-622-8080 Fax 305-622-6450 KARA PETTYDIRECTOR Terms Approximate Ship Date Ship Via Part No. Description Qty Price Total30 Days Patty Carruthers patty@blissproducts.com Installation prices are based on truck access to the site and normal soil conditions. Any buried rock or debris may be cause for additional charges. Any Site preparation or demolition not specified above must be completed prior to installation of the equipment. Site restoration, unless otherwise noted, is not included. Please refer to your installation agreement for further details. Sales tax if applicable is not included. Sales tax exempt certificate will be required for exemption. All orders are subject to approval and acceptance by the manufacturer. Signature Date Sub Total 256,735.00 Freight 4,250.00 Tax 0.00 Install 0.00 Grand Total 260,985.00 Page 1 of 2 CHILDSAFE PIP 50& COLOR 50% BLACK MIX-MOON, STARS & PLANET THEMEPER DESIGN ATTACHED 1 73,300.00 73,300.00 Freight1 0.00 0.00 DISCOUNT KOMPAN PER CLAY COUNTY BID 08/09-3EXCEEDS REQUIRED DISCOUNT 1 -10,500.00 -10,500.00 CHILDSAFE PER CLAY COUNTY BID 08/09-3EXCEEDS REQUIRED DISCOUNT 1 -7,135.00 -7,135.00 Freight1 0.00 0.00 DJB Max CONCRETE 6" SLAB PER DRAWING WITH 6"X6" CURB AROUND PERIMETERNEW CURB ONLY WHERE THERE IS NO EXISTING CONCRETE SIDEWALK MEETING NEW SLAB 1 45,500.00 45,500.00 DEMO/SITE PREP REMOVAL OF EXISTING PLAY EQUIPMENT, PIP, CONCRETE PAD UNDER PIP & SAND -SOILS TEST /STATEMENTAREA NOT USED IN NEW DESIGN TO BE REPLACED WITH CLEAN FILL LEVELED TO FINISH GRADE-SOD NOT INCLUDED 1 16,500.00 16,500.00 Freight1 0.00 0.00 INSTALLER PLAYGRD INSTALL INCLUDES THE LICENSE, PERMIT ACQUISITION AND INSPECTION CONTACTCUSTOMER IS REPSONSIBLE FOR COST &/OR FEES FOR THE PERMIT AND INSPECTIONS 1 26,500.00 26,500.00 Page 86 of 187 187Bliss Products and Services, IncQuotation 6831 S. Sweetwater Rd.Lithia Springs, GA 30122(800) 248-2547(770) 920-1915 Fax 19082 Project 3/23/2010 AJ KING PARK Date Bill To Contact CITY OF MIAMI GARDENS1515 N.W. 167th Street BLDG 6, SUITE 300MIAMI GARDENS FL 33169 Phone 305-622-8080 Fax 305-622-6450 KARA PETTYDIRECTOR Terms Approximate Ship Date Ship Via Part No. Description Qty Price Total30 Days Patty Carruthers patty@blissproducts.com Installation prices are based on truck access to the site and normal soil conditions. Any buried rock or debris may be cause for additional charges. Any Site preparation or demolition not specified above must be completed prior to installation of the equipment. Site restoration, unless otherwise noted, is not included. Please refer to your installation agreement for further details. Sales tax if applicable is not included. Sales tax exempt certificate will be required for exemption. All orders are subject to approval and acceptance by the manufacturer. Signature Date Sub Total 256,735.00 Freight 4,250.00 Tax 0.00 Install 0.00 Grand Total 260,985.00 Page 2 of 2 Freight1 0.00 0.00 KOMPAN ELE400054-SM DOUBLE TOWER -SURFACE MOUNT1 29,675.00 29,675.00 M96401-3617 SWINGS W/(2) M929 INFANT SEATS & (2) BELT SEATS-SM1 6,320.00 6,320.00 ELE400158-SM JUNIOR SPICA -SURFACE MOUNTFREE PROMO ITEM 2 1,695.00 3,390.00 ELE400024-SM SPINNER BOWL -SURFACE MOUNTFREE PROMO ITEM 2 825.00 1,650.00 ELE500015-SM EPIC -SURFACE MOUNT1 55,500.00 55,500.00 GXY937-5017-SM NEREIDE -SURFACE MOUNT1 19,200.00 19,200.00 GXY801600-5017-SM SPICA 3 -SURFACE MOUNTFREE PROMO ITEM 1 1,995.00 1,995.00 GXY916-3417 SUPERNOVAFREE PROMO ITEM 1 6,950.00 6,950.00 ENGINEERING ENGINEERED SEALED DRAWINGS NEEDED FOR PERMITTING1 1,875.00 1,875.00 PROMO SAVINGS PER PROMOTION -MUST PLACE ORDER BY JUNE 25, 2010.1 -13,985.00 -13,985.00 Freight1 4,250.00 4,250.00 Note: PRICES PER CLAY COUNTY BID 08/09-3. PURCHASE ORDER MUST BE RECEIVED BY JUNE 25, 2010 TO BE VAILD. Page 87 of 187 84'-3" [2568cm] 136'-0" [4144cm] ELE400024 SPINNER BOWL M964-2B-2I SWINGS ELE400054 DOUBLE TOWER ELE500015 EPIC AREA = 6,057ft² ELE400024 SPINNER BOWL GXY8016 SPICA 3 GXY937 NEREIDE GXY916 SUPERNOVA ELE400158 JUNIOR SPICA ELE400158 JUNIOR SPICA TOTAL AREA = 6,057ft² TOTAL LF = 419' ARC LF = 97'-6 1/4"' INCH CM 1 2 1 AJ KING PARK 0701009 Bliss Products, PC As Noted Kim Brown lcf 1/16" = 1'-0" Client: Date: Project #: Representative: Model: CSR: Scale: Printed in U.S.A. by c 2009 KOMPAN, Inc., Tacoma, WA, U.S.A. 1-800-426-9788 Layout is in accordance with ASTM F1487-07 "Site representation is based upon estimated site dimension and cannot be used as an accurate way of determining site area" For surface mount options, the concrete requirements may be up to 5½ inches of 3,500 psi min. compressive strength. Please contact KOMPAN for specific product requirements. "All composite structures shown require a site grade of 1% maximum." Layout is in accordance with CPSC Page 88 of 187 Page 89 of 187 Page 90 of 187 Page 91 of 187 Page 92 of 187 Page 93 of 187 Page 94 of 187 Page 95 of 187 Page 96 of 187 Page 97 of 187 Page 98 of 187 Page 99 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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 Sonja K. Dickens Danny O. Crew Departments: City Attorney and City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE APPROVAL OF A SETTLEMENT IN THE LITIGATION MATTER BETWEEN CITY OF MIAMI GARDENS VS. FIRST SEALORD SURETY, INC. AND GROUP II, INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO FINALIZE THE SETTLEMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: On January 21, 2009, the City of Miami Gardens filed a lawsuit against First Sealord and Group II, Inc. on the basis that Group II, Inc. attempted to renege on a bid for a City project. The complaint was filed against Group II, Inc. and First Sealord Surety, Inc. (surety for Group II, Inc.). The basis of the lawsuit is the City’s claim that Group II reneged on the bid, and as a result it has to tender a bid bond to the City. Group II asserts that it was entitled to rescind the bid because they made a “good faith calculation error” in the preparation of the bid form, and that its actions were not a result of willful inaction or gross negligence. ITEM J-5) CONSENT AGENDA RESOLUTION Settlement with First Sealord Surety, Inc and Group II, Inc. Page 100 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The parties have attempted to resolve this matter over the past year and even attended mediation. Group II, Inc. and First Sealord Surety, Inc. have offered Fifteen Thousand Dollars ($15,000.00) to resolve this matter. The City Attorney and City Manager are both recommending settlement of this matter in light of the potential litigation costs of taking this matter to trial and the fact that the City is not guaranteed to recover any money. The amount offered will cover the City’s fees and costs incurred to date and also include an amount for damages. Proposed Action: The City Manager and the City Attorney recommend that the City Council approve this Resolution. Attachment: Page 101 of 187 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE APPROVAL OF A SETTLEMENT IN THE LITIGATION MATTER OF CITY OF MIAMI GARDENS VS. FIRST SEALORD SURETY, INC. AND GROUP II, INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO FINALIZE THE SETTLEMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 21, 2009, City of Miami Gardens filed a lawsuit against First Sealord Surety, Inc. and Group II, Inc., and WHEREAS, the basis of the City’s Complaint was that Group II, Inc. attempted to renege on a bid for a project and the City wanted Group II, Inc. to pay a bid bond to the City for Group II, Inc.’s actions, and WHEREAS, the parties have attempted to resolve this matter over the past year, and WHEREAS, Group II Surety has offered the amount of Fifteen Thousand Dollars ($15,000.00) to resolve this matter, and WHEREAS, the City Attorney and City Manager are both recommending settlement of this matter in light of the potential litigation costs of taking this matter to trial and the fact that the City is not guaranteed the recovery of any money, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 102 of 187 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 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 approval of a settlement in the litigation matter between the City of Miami Gardens vs. First Sealord Surety, Inc., and Group II, Inc. for Fifteen Thousand Dollars ($15,000.00). The City Council further authorizes the City Manager and City Attorney to take any and all steps necessary to finalize the settlement. 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: SONJA K. DICKENS, CITY ATTORNEY AND DR. DANNY CREW, CITY MANAGER 2 Page 103 of 187 3 1 2 3 4 5 6 7 MOVED BY:_____________________ VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No) 11 Councilman Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No) 15 16 17 Page 104 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 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: Urban Area Security Imitative t & mwater nd Gran Stor Fu Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910042(A) Emergency Advisory Radio System 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 TO ISSUE A PURCHASE ORDER TO MILLER ELECTRIC COMPANY FOR THE PURCHASE AND INSTALLATION OF AN EMERGENCY ADVISORY RADIO SYSTEM, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE THOUSAND, SEVEN HUNDRED FORTY-THREE HUNDRED DOLLARS ($209,743.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The City of Miami Gardens has received funding from the Department of Homeland Security (DHS) as part of the Urban Area Security Initiative (UASI) Grant Program. The City has received funding from this program since 2006 for purchases related to enhancing the security and responses related natural and man-made disasters. For fiscal year 2009, the City is receiving $176,272.00 under this program for the purchase of an emergency advisory radio system. This radio system will provide emergency information to the citizens of Miami Gardens during times of emergencies, disasters or other special situations. This allocation has been approved by the DHS and the Fort Lauderdale UASI Working Group. Since the radio system will also broadcasting information about any flooding issues in the community, the stormwater fund will provide additional funding of $33,471.00 for the installation of the system: ITEM J-6) CONSENT AGENDA RESOLUTION P.O. to Tomiller Electric Company Page 105 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City staff prepared specifications for the purchase and installation of a “turn-key” system. Bid #09-10-042(A) was posted and a broadcast notice was sent to 821 vendors on March 24, 2010. Eleven bid packages were requested. The bids were opened on April 29, 2010. Two bids were received and publicity read. The optional equipment (Flashing Alert Road Sign Sys.) part of the bid will not be implemented because of budget constraints. This equipment can be added at a later date. Bids were evaluated for compliance with the specifications and their ability to perform the work. The apparent low bidder is Miller Electric Company, located in Jacksonville; FL. Staff checked references of the apparent low bidder for past performances and insurances. All of the references were very favorable and insurance is sufficient. A copy of the proposal document and submittals are available at the desk of the Assistant to the Mayor and Council’s Office for review. Proposed Action: That City Council approve the attached resolution. Attachment: The tabulation sheet is attached as Exhibit “A” Page 106 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MILLER ELECTRIC COMPANY FOR AN EMERGENCY ADVISORY RADIO SYSTEM, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE THOUSAND, SEVEN HUNDRED FORTYTHREE HUNDRED DOLLARS ($209,743.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has received funding from the Department of Homeland Security (“DHS”) as part of the Urban Area Security Initiative (“UASI”) Grant Program, and WHEREAS, the purpose of the Program is to fund enhancement to security and responses for national and man-made disasters, and WHEREAS, in Fiscal Year 2009-2010, the City is to receive One Hundred Seventy-Six Thousand, Two Hundred Seventy-Two Dollars ($176,272.00) for the purchase of an emergency advisory radio system, and WHEREAS, the system will provide emergency information to the citizens of Miami Gardens during emergency situations, and WHEREAS, the allocation has been approved by DHS and the Fort Lauderdale UASI Working Group, of which the City of Miami Gardens is a part, and WHEREAS, the system will be utilized for broadcasting special situations including flooding issues in the community, as and such, the stormwater fund will provide additional funding in the amount of Thirty-Three Thousand, Four Hundred Seventy-One Dollars ($33,471.00), and 1 Page 107 of 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, City staff prepared specifications for the purchase and installation of the radio system, in accordance with Bid #09-10-042(A), which was posted on March 24, 2010, and WHEREAS, two (2) bids were received and publically read, and WHEREAS, the bids were evaluated for compliance with the specifications and the contractor’s ability to perform the work, and WHEREAS, the apparent low bidder is Miller Electric Company, 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 issue a purchase order to Miller Electric Company for the purchase and installation of an emergency advisory radio radio system, in an amount not to exceed Two Hundred Nine Thousand, Seven Hundred Forty-Three Hundred Dollars $209,743.00). Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR 2 Page 108 of 187 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 24 Mayor Shirley Gibson (Yes) ___(No) 25 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 26 Councilman Melvin L. Bratton (Yes) ___(No) 27 Councilman Oliver Gilbert, III (Yes) ___(No) 28 Councilwoman Barbara Watson (Yes) ___(No) 29 Councilwoman Sharon Pritchett (Yes) ___(No) 30 Councilman André Williams (Yes) ___(No) 31 32 33 Page 109 of 187 City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#09-10-050 EMERGENCY ADVISORY RADIO SYSTEM April 29, 2010 Company: Systems Integration & Maintenance, Inc. Miami, FL Item Description Qty Total 1 Mobilization /Demobilization LS $13,125.00 2 Complete Engineering Services LS $60,928.75 3 Installation Site Survey LS $7,225.00 4 Installation of System LS $43,243.75 4 FCC Application LS $1,875.00 5 Testing & Tuning of System LS $2,531.25 SUB-TOTAL $128,928.75 Description Make & Model Unit Price Qty Total 7 Workstation EOC No unit price No qty. $4,631.25 8 Transmitter submitted submitted $77,725.00 9 UPS $6,750.00 10 Backup Battery $6,450.00 11 Remote Control System $5,187.50 12 Antenna $8,687.50 SUB-TOTAL $109,431.25 TOTAL CONTRACT Dollars $238,360.00 Optional Equipment Make & Model Unit-Price Qty Total 1A Flashing Alert Road Sign Sys. No unit price submitted No qty. submitted $239,500.00 2A Workstation Audio Control $2,562.50 3A Broadcast Management Software Package $33,953.75 SUB-TOTAL $275,656.25 TOTAL OPTIONS & TOTAL BID Dollars $514,016.25 Page 110 of 187 City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#09-10-050 EMERGENCY ADVISORY RADIO SYSTEM April 29, 2010 Company: Miller Electric Company, Jacksonville, FL Item Description Qty Total 1 Mobilization /Demobilization LS $7,500.00 2 Complete Engineering Services LS $36,775.00 3 Installation Site Survey LS $4,925.00 4 Installation of System LS $48,142.00 4 FCC Application LS $605.00 5 Testing & Tuning of System LS $5,750.00 SUB-TOTAL $103,697.00 Description Make & Model Unit Price Qty Total 7 Workstation EOC Platinum Sys: DR2000 WOR station $2,536.00 1 $2,536.00 8 Transmitter HiWay Max: DR360-HARAC-SPE $31,730.00 2 $63,460.00 9 UPS Black Max: DRPSM1 $1,555.00 2 $3,110.00 10 Backup Battery HiWay Max Dual Battery $2,970.00 2 $5,940.00 11 Remote Control System Tellular: Telular-System $23,000.00 1 $23,000.00 12 Antenna Triad Antenna: NT-Highband Kit $4,000.00 2 $8,000.00 SUB-TOTAL $106,046.00 TOTAL CONTRACT Dollars $209,743.00 Optional Equipment Make & Model Unit-Price Qty Total 1A Flashing Alert Road Sign Sys. HAR Flashing Beacon System $27,595.00 1 $27,595.00 2A Workstation Audio Control DR2000 Platinum Audio $2,360.00 1 $2,360.00 3A Broadcast Management Software Package DR2000 Platinum Software $30,910.00 1 $30,910.00 SUB-TOTAL $60,865.00 TOTAL OPTIONS & TOTAL BID Dollars $270,608.00 Page 111 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund – Police Department Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN ADDENDUM TO THE SERVICE AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR THE INSTALLATION AND SERVICING OF RED LIGHT CAMERAS AND ACCESSORIES IN CONNECTION WITH THE CITY’S RED LIGHT CAMERA PROGRAM; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On November 14, 2007, the City Council Adopted Ordinance No. 2007‐26‐132 entitled Dangerous Intersections that provided for the enforcement of red light violations using traffic infraction detectors. Subsequently, the City entered into a contract with American Traffic Solutions (ATS) to provide services in connection with the enforcement of the Dangerous Intersections Ordinance. In May of this year, the Governor signed into law HB 325, which significantly changed the method under which Red light Camera Violations are enforced in the State of Florida. These changes also regulate the way that third party vendors (i.e. ATS) may be compensated by State and local governments who chose ITEM J-7) CONSENT AGENDA RESOLUTION Addendum to the Service Agrement w/American Traffic Solutions Page 112 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 to use an outside vendor to enforce red light camera violations. In light of these statutory changes, it is necessary for the City to revise the original contract with ATS. The substantive changes are as follows: • Previously, the compensation structure was based on a per violation split in the fine amount ($125.00); the City retained $85.00 and ATS retained $40.00 per ticket. Under the addendum, the City will now pay a flat fee of $7,550.00 per month, per camera for ATS’s services. • The City will also pay a mail‐processing surcharge of $4 per piece of certified mail, which is now a statutory requirement when the violation is unpaid after 30 days and the City must issue a Uniform Traffic Citation. Page 113 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Process Changes Summary • ATS will issue Notice of violation; if that violation is not paid they will issue an Uniform Traffic Citation and forward that citation to the Clerk of Courts for processing. • Under the new law, the Clerk of Courts will be responsible for all due process requirements. • ATS will be responsible for completing all State mandated reporting requirements. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager and the City Attorney to negotiate and to execute an addendum to the American Traffic Solutions service agreement in substantial form. Attachment: Attachment A ‐Agreement Page 114 of 187 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 AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN ADDENDUM TO THE SERVICE AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR THE INSTALLATION AND SERVICING OF RED LIGHT CAMERAS AND ACCESSORIES IN CONNECTION WITH THE CITY’S RED LIGHT CAMERA PROGRAM; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement with American Traffic Solutions, Inc. (“ATS”) on December 12, 2007, and WHEREAS, in light of the current amendment to the Statutes governing Red Light Camera Program, it is necessary for the Parties to amend the existing Agreement, and WHEREAS, the City Manager is recommending that the City Council authorize an amendment to the existing Agreement with ATS, 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 Addendum to the Service Agreement with American Traffic 1 Page 115 of 187 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 Solutions, Inc., attached hereto in substantial form as Exhibit “A,” for the installation and servicing of red light cameras and accessories in connection with the City’s Red Light Camera Program. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Amendment with American Traffic Solutions, Inc., with one (1) to be maintained by the City, and one to be delivered to American Traffic Solutions, Inc. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON _________________, 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 116 of 187 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 117 of 187 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND AMERICAN TRAFFIC SOLUTIONS This Amendment No. 1 (the “Amendment”) to the Professional Services Agreement between the City of Miami Gardens and American Traffic Solutions, Inc. (the “Agreement”) dated as of December 12, 2007 is made and effective as of this ____ day of_____________, 2010 by and between the City of Miami Gardens, Florida, a municipal corporation (herein “Customer” or “City”) and American Traffic Solutions, Inc. (herein “ATS” or “Contractor”). Recitals WHEREAS, on or about November 14, 2007, the City adopted Ordinance No. 2007-26-132, which provides for the enforcement of red light violations using traffic infraction detectors (the “Ordinance”); and WHEREAS, on or about December 12, 2007, the City and Contractor entered into the Agreement, whereby the City and Contractor agreed to the provision by Contractor of services to the City in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that “the parties hereby agree to that certain Professional Services Agreement attached hereto as Exhibit ‘A’ plus all Exhibits,” subject to certain amendments to said Exhibit “A” made in the Agreement, such Professional Services Agreement being referred to herein as the “PSA”; and WHEREAS, on or about April 22, 2010, the City and Contractor entered into that certain Agreement Regarding Allocation of Costs and Responsibilities in Connection with Resolution of Claims by AS Ventures, Inc. (the “Costs Agreement”), which modified the Agreement in limited respects and provided for certain payments between the City and Contractor; and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed CS/CS/HB325 into law, resulting in the Law of Florida 2010-80 taking effect on July 1, 2010; and WHEREAS, Law of Florida 2010-80 expressly authorizes municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida Statutes, subject to certain requirements; and WHEREAS, the City has amended Ordinance No. 2007-26-132 to enforce red light violations using traffic infraction detectors in accord with the provisions of Law of Florida 2010-80; and Page 118 of 187 ________________________________________________________________________________________________________ Confidential Page 2 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL WHEREAS, the City and Contractor wish to amend and modify the Agreement to align the provision of services by Contractor with the provisions and requirements of Law of Florida 2010-80; Terms and Conditions NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1. Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. 2. Deletion of Certain Provisions of Agreement. Paragraphs 2, 3, 10, and 11 of the Agreement are hereby deleted. 3. Definitions. Except as otherwise specified herein, all capitalized terms used in this Amendment shall have the meanings given to them in the Agreement and the PSA. Section 1 of the PSA is amended as follows: (a) The definition of “Citation” is deleted. (b) The definition of “Violation” is deleted and replaced with the following: “Violation” means a violation of Section 316.074(1) or 316.075(1)(c)1 of the Florida Statutes, as may be amended or recodified from time to time. (c) The following definitions are added: “Notice of Violation” means a written notice of a Violation or equivalent instrument issued by or on behalf of Customer relating to a Violation documented or evidenced by a Camera System. “Traffic Infraction Enforcement Officer” means an employee of Customer’s police or sheriff’s department who meets the qualifications of Section 316.640(5)(a) of the Florida Statutes, as may be amended or recodified from time to time. “Uniform Traffic Citation” means a uniform traffic citation as described in Section 316.650 of the Florida Statutes, as may be amended or recodified from time to time. 4. Termination. Section 4.c.iii) of the Agreement is deleted and replaced with the following: Page 119 of 187 ________________________________________________________________________________________________________ Confidential Page 3 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL iii) For legal reasons, by either party in the event that state legislation or a decision by a court of competent jurisdiction against a party prohibits the enforcement of Violations using image-capture technology. In any termination for legal reasons, ATS shall be entitled to recover from Customer all of ATS’s costs associated with its performance under this Agreement from the date of its execution to the date of its termination to the extent that ATS has not already recovered the sum of those costs through Customer’s payment of Fees to ATS pursuant to Section 6 and Exhibit A, Schedule 1 to this Agreement. 5. Fees And Payment. Section 6 of the Agreement will now include this wording as follows: Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer may defer certain payments to ATS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the term “funds” means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: ATS will maintain an accounting of any net balances owed to ATS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices. 6. No Agency. Section 19 of the Agreement is deleted and replaced as follows: ATS is an independent contractor providing services to Customer and the employees, agents and servants of ATS shall in no event be considered to be the employees, agents or servants of Customer. Except as specifically Page 120 of 187 ________________________________________________________________________________________________________ Confidential Page 4 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL provided herein, this Agreement is not intended to create an agency relationship between ATS and Customer. 7. Scope of Work. Exhibit A to the PSA is deleted and replaced with Exhibit A to this Amendment. 8. Service Fee Schedule. Schedule 1 to the PSA is deleted and replaced with Schedule 1 to this Amendment. 9. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and the PSA shall remain in full force and effect. In the event of a conflict between the terms of this Amendment, the Agreement, or the PSA, the terms of this Amendment shall prevail and control. 10. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with with respect to the subject matter hereof. All representations and promises made by any Party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as modified by this Amendment, the terms of the Agreement, the PSA, and the Costs Agreement shall continue in full force and effect. 11. Counterpart Execution. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. [Remainder of Page Intentionally Left Blank.] Page 121 of 187 ________________________________________________________________________________________________________ Confidential Page 5 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF MIAMI GARDENS, FLORIDA By: By: Ronetta Taylor City Clerk Date Dr. Danny O. Crew City Manager Date APPROVED AS TO FORM By: Sonya Dickens City Attorney Date WITNESS: AMERICAN TRAFFIC SOLUTIONS, INC. By: Date Adam E. Tuton Chief Operating Officer Date Date Page 122 of 187 ________________________________________________________________________________________________________ Confidential Page 6 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL EXHIBIT A SCOPE OF WORK I. ATS SCOPE OF WORK 1.2 ATS IMPLEMENTATION 1.2.1 ATS agrees to provide a turnkey solution for Camera Systems to Customer wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS, except for those items identified in Section 2 titled “Customer Scope Of Work”. ATS and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by the Customer, unless otherwise specified, Customer shall not charge ATS for the cost. All other in-scope work, external to Customer, is the responsibility of ATS. 1.2.2 ATS agrees to make every effort to adhere to the Project Time Line outlined in Schedule 4. 1.2.3 ATS will assist Customer with video evaluation of candidate sites using the Axsis VIMS system. 1.2.4 ATS will install Camera Systems at a number of intersections or grade crossing approaches to be agreed upon between ATS and Customer after completion of site analyses to be entered into Schedule 5. In addition to the initial locations, the parties may agree from time to time, by additional Work Order(s), to add to the quantities and locations where Camera Systems are installed and maintained. 1.2.5 ATS will operate each Camera System on a 24-hour basis, barring downtime for maintenance and normal servicing activities. 1.2.6 ATS’s in-house marketing department will assist Customer with public information and outreach campaign strategies. In addition, depending upon the agreed-upon strategy, ATS may pay for agreed upon extra scope expenditures for public relations consultants, advertising, or media relations provided that such extra scope expenditures will be reimbursed to ATS. 1.2.7 ATS agrees to provide a secure web site (www.violationinfo.com) accessible to Owners who have received Notices of Violation or Uniform Traffic Citations by means of a Notice # and PIN, which will allow violation image and video viewing. 1.2.8 Customer and ATS will complete the Project Business Process Work Flow design within thirty (30) days of contract signature; the parties to this agreement will use the drafts included on Schedules 2 and 3 as the basis for the final workflow design. 1.2.9 ATS normally shall provide technician site visits to each Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspections and maintenance. 1.2.10 ATS shall repair a non-functional Camera System within seventy-two (72) business hours of determination of a malfunction. Page 123 of 187 ________________________________________________________________________________________________________ Confidential Page 7 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL 1.2.11 ATS shall repair the Axsis VPS System within one (1) business day from the time of the outage. Outages of Customer internet connections or infrastructure are excluded from this service level. 1.2.12 For any city using ATS lockbox or epayment services, ATS will establish a demand deposit account bearing the title, “American Traffic Solutions, Inc. as agent for Customer” at U.S. Bank. All funds collected on behalf of customer will be deposited in this account and transferred by wire the first business day of each week to Customer’s primary deposit bank. Customer will identify the account to receive funds from U.S. Bank. Customer shall sign a W-9 and blocked account agreement, to be completed by Customer, to ensure Customer’s financial interest in said U.S. Bank account is preserved. 1.3 ATS OPERATIONS 1.3.1 As the party responsible for initial contact with the red light violator, ATS shall provide Customer with an automated web-based citation processing system (Axsis VPS) including image processing, color printing and mailing of a Notice of Violation per chargeable event. Each Notice of Violation shall be delivered by first class mail to the Owner within the statutory period. Mailings to Owners responding to Notices of Violation identifying drivers in affidavits of non-liability or by rental car companies are also included according to each pricing option. 1.3.2 ATS shall act as Customer’s agent for the limited purpose of making an initial determination of whether Recorded Images should be forwarded to the Traffic Infraction Enforcement Officer to determine whether a Violation has occurred and shall not forward for processing those Recorded Images that clearly fail to establish the occurrence of a Violation. 1.3.3 Text only reminder notices may be delivered by first class or other mail means for additional compensation to ATS as agreed by the parties in Schedule 1. 1.3.4 Upon expiration of the due date of the Notice of Violation, Axsis VPS shall issue a Uniform Traffic Citation, which shall be delivered by certified mail to the Owner within the statutory period. The issuance of the Uniform Traffic Citation shall be based on the Traffic Infraction Enforcement Officer’s approval, as provided in Section 2.4 of this Exhibit A, of the Notice of Violation. 1.3.5 ATS shall make available a form of affidavit, approved by Customer, to be used by an Owner who wishes to establish the existence of an exemption to a Notice of Violation or Uniform Traffic Citation as provided in Section 316.0083(1)(d)1 of the Florida Statutes, as may be amended or recodified from time to time. 1.3.6 Axsis VPS shall apply an electronic signature to a Notice of Violation or Uniform Traffic Citation, when authorized to do so by an approving Traffic Infraction Enforcement Officer. 1.3.7 ATS shall obtain in-state vehicle registration information necessary to issue Notices of Violation and Uniform Traffic Citations assuming that it is named as Customer’s agent and the State provides the registration data at no cost. 1.3.8 ATS shall seek records from out-of-state vehicle registration databases and apply records found to issue Notices of Violation and Uniform Traffic Citations for Customer according to each pricing option. Page 124 of 187 ________________________________________________________________________________________________________ Confidential Page 8 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL 1.3.9 If Customer is unable to or does not desire to integrate ATS data into its adjudication system, ATS shall provide an on-line adjudication processing module, which will enable the adjudication function to review cases, related images, correspondence and other related information required to adjudicate the disputed Uniform Traffic Citation. The system will also enable the adjudication staff to accept and account for payments. Any costs to integrate ATS’s system to the adjudication computer system shall be borne by Customer. ATS may agree to cover these up front costs and recover the costs in addition to its normal fees. 1.3.10 ATS shall provide to the Customer access to the Axsis VPSTM System, which provides the Customer with the ability to run and print standard system reports. 1.3.11 If required by the court or prosecutor, ATS shall provide the Customer with, or train a local expert witness able to testify in Court on matters relating to the accuracy, technical operations, and effectiveness of the AxsisTM System until judicial notice is taken. 1.3.12 In those instances where damage to a Camera System or sensors is caused by negligence on the part of Customer or its authorized agent(s), ATS will provide Customer an estimate of the cost of repair. Upon authorization to proceed with the repairs or replacement, ATS shall replace or repair any damaged equipment and invoice for the pre-approved repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances. 1.3.13 ATS shall provide a help line to help Customer resolve any problems encountered regarding its Red Light Camera System and/or citation processing. The help line shall function during normal business hours. 1.3.14 As part of its turnkey system, ATS shall provide Owners with the ability to view recorded images of Violations involving their motor vehicles online. This online viewing system shall include a link to the ATS payment website(s) and may offer the opportunity to download a form affidavit to establish an exemption under Section 316.0083(1)(d) of the Florida Statutes, as may be amended or recodified from time to time. Online-obtained affidavits submitted in response to a Notice of Violation or Uniform Traffic Citations shall be directed to and processed by ATS and communicated to Customer via the Axsis System. II. CUSTOMER SCOPE OF WORK 2.2 GENERAL IMPLEMENTATION REQUIREMENTS 2.2.1 Within seven (7) business days of contract execution, Customer shall provide ATS with the name and contact information for a project manager with authority to coordinate Customer responsibilities under the Agreement. 2.2.2 Within seven (7) business days of execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with the name and contact information for a Uniform Traffic Citation manager responsible for oversight of all Uniform Traffic Citation-related program requirements. 2.2.3 Within seven (7) business days of execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with the name(s), contact information, and electronic signature(s) of all Traffic Infraction Enforcement Officers authorized by Customer’s police or sheriff’s department to approve and issue Notices of Violation and Uniform Traffic Citations. Page 125 of 187 ________________________________________________________________________________________________________ Confidential Page 9 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL 2.2.4 Customer shall establish a method by which an Owner who has received a Notice of Violation or a Uniform Traffic Citation may review the images and video evidencing the Violation at www.violationinfo.com free of charge. This may be at a publicly available terminal at a Customer facility or by appointment with the Uniform Traffic Citation manager. 2.2.5 Customer shall make every effort to adhere to the Project Implementation Timeline outlined in Schedule 4. 2.2.6 Customer shall, on a form provided by ATS, provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that ATS is acting as an Agent of Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.2.7 Customer and ATS shall complete the Project Business Process Work Flow design within thirty (30) calendar days of contract signature, using the drafts included on Schedules 2 and 3 as the basis for final workflow design. 2.3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.3.1 Customer shall execute a right of way agreement or amendment to allow installation of red light cameras on state roads within thirty (30) days of contract execution. 2.3.2 If Customer chooses to move a Camera System to a new approach after initial installation, it shall pay the costs to relocate the System. 2.3.3 Customer will design, fabricate, install and maintain red light camera warning signs. If Customer cannot provide such signage, ATS will do so and charge the costs to Customer. 2.3.4 Customer shall provide access to traffic signal phase connections according to approved design. 2.3.5 Customer shall allow ATS to access power from existing power sources at no cost and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabined nearest to each Camera System within Customer’s jurisdiction. The costs of any additional conduit or power infrastructure needed to support installation of the Camera System shall be funded by ATS and ATS shall recover such added costs out of collected revenue in addition to its normal fees. 2.3.6 Customer shall not require ATS to provide installation drawings stamped by a licensed civil engineer. However, ATS work product and drawings shall be overseen and approved by an ATS PE and such deliverable shall conform to applicable engineering norms and reflect the details of installation work to be completed. 2.3.7 Customer shall approve or reject ATS submitted plans within seven (7) business days of receipt and shall limit iterations to a total of one revision beyond the initially submitted plans. Total plan approval duration shall not exceed ten (10) business days. 2.3.8 Customer shall not charge ATS or its subcontractor for building, constructions, street use and/or pole attachments. 2.4 POLICE DEPARTMENT OPERATIONS Page 126 of 187 ________________________________________________________________________________________________________ Confidential Page 10 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL 2.4.1 Customer’s Traffic Infraction Enforcement Officer(s) shall process each potential violation in accordance with State Law and/or Municipality Ordinances within three (3) business days of its appearance in the Law Enforcement Review Queue, using Axsis to determine which violations will be issued as Notices of Violation. 2.4.2 Within seven (7) days of the execution of Amendment No. 1 to the Agreement, Customer shall provide ATS with a form of Uniform Traffic Citation that complies with the provisions of Chapter 316 of the Florida Statutes, with the understanding that some modifications may be necessary to enable use with ATS’s systems. 2.4.3 If an owner who receives a Notice of Violation fails to pay the statutory penalty or submit an affidavit that complies with all requirements provided in Section 316.0083(1)(d) of the Florida Statutes within the time period provided in Section 316.0083(1)(b) of the Florida Statutes, the issuance of a Uniform Traffic Citation will automatically occur based on the prior Traffic Infraction Enforcement Officer approval of the Notice of Violation. 2.4.4 Customer shall provide ATS with instructions or specifications for the treatment of affidavits, with the understanding that some modifications may be necessary to ensure compatibility with ATS’s processes. 2.4.5 Police Department workstation computer monitors for citation review and approval should provide a resolution of 1280 x 1024. 2.4.6 For optimal data throughput, Police Department workstations should be connected to a high-speed internet connection with bandwidth of T-1 or greater. 2.4.7 Customer shall provide signatures of all authorized Traffic Infraction Enforcement Officers who will review events and approve issuance of Notices of Violation and Uniform Traffic Citations on forms provided by ATS. 2.5 COURT OPERATIONS 2.5.1 If Customer does not provide check payment processing, Customer shall use ATS payment processing services. The fees for lockbox and epayment services are presented on Schedule 1. 2.5.2 Customer shall provide a judge or hearing officer and adjudication facilities to schedule and hear disputed Uniform Traffic Citations. 2.5.3 Customer or the adjudication system shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes, and other issues relating to citation adjudication. Customer may refer citizens with questions regarding ATS or Axsis technology and processes to websites and/or toll free telephone numbers provided by ATS for that purpose. 2.5.4 Any potential, one time, direct costs (including ATS’s costs) to ATS to develop an interface between the adjudication system will be initially paid by ATS and any such cost will be reimbursed to ATS from collected revenues from the program once available. 2.6 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS 2.6.1 In the event that remote access to the ATS Axsis VPS System is blocked by Customer network security infrastructure, Customer’s Department of Information Technology shall Page 127 of 187 ________________________________________________________________________________________________________ Confidential Page 11 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL coordinate with ATS to facilitate appropriate communications while maintaining required security measures. 2.6.2 If Customer-owned telecommunications lines or WiFi networks are present at or near the site, and if feasible to share such existing bandwidth, ATS shall be allowed to use such infrastructure for data transmission. ATS shall work with Customer’s IT department to ensure that Customer security protocols are maintained. Page 128 of 187 ________________________________________________________________________________________________________ Confidential Page 12 of 12 Miami Gardens FL_ATS Contract Amendment--2010.06.07 City of Miami Gardens, FL SCHEDULE 1 SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per Camera and are as follows: Fee Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 per piece metered (no return receipt) If Customer violations should decline by 40%, Customer and ATS, in good faith will renegotiate Service Fee Schedule. $8,000 7,550.00 Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for a 4-lane approach with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. 2.0 Collection Services: ATS will initiate collection efforts of delinquent notices upon written request by Customer. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for both precollection and collection. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre-Collection Letters 10% of Recovered Revenue Delinquent Collections Services 30% of Recovered Revenue 3.0 Optional Annual Training Conference: ATS provides a comprehensive user training conference for active photo traffic safety and enforcement clients. The conference’s main focus is Training of the system. Core elements include training on implementation methods and improvements, operational monitoring and improvements, statistical analysis, public relations and technology assessment. The sessions include participation by industry members, industry speakers and panel discussions. The Annual User Conference will be held in Phoenix Metro area. Customer shall be invoiced $100 per month per attendee and can assign up to three (3) project team members to attend the Conference each year. The $1,200 fee per attendee will cover travel, accommodations and all related Conference fees. Pricing valid through June 30, 2010. Page 129 of 187 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 2010 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading xx Public Hearing: (Enter X in box) Yes No Yes No Funding Source: n/a Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Danny Crew, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS AND/OR TAXABLE OBLIGATIONS FOR CERTAIN CAPITAL EXPENDITURES MADE AND TO BE MADE BY THE CITY WITH RESPECT TO THE ACQUISITION AND IMPROVEMENT OF LAND AND THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A NEW TOWN CENTER FACILITY THEREON CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE; AUTHORIZING CERTAIN INCIDENTAL ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The attached Resolution is required by the Internal Revenue Service in order for the City to reimburse the appropriate City Fund for any expenditure made after the adoption of this resolution but before a bond is issued. This resolution is valid for eighteen months and constitutes no obligation on behalf of the City. This is the fourth of these we have executed since we became a City. This one replaces one earlier last year now that we have more specifics on the City Hall financing. ITEM J-8) CONSENT AGENDA RESOLUTION Bond Reimbursement Resolution Page 130 of 187 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action It is recommended that the City Council adopt the bond reimbursement resolution. Attachment: None Page 131 of 187 1 RESOLUTION NO. 2010-A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF TAXEXEMPT OBLIGATIONS AND/OR TAXABLE OBLIGATIONS FOR CERTAIN CAPITAL EXPENDITURES MADE AND TO BE MADE BY THE CITY WITH RESPECT TO THE ACQUISITION AND IMPROVEMENT OF LAND AND THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A NEW TOWN CENTER FACILITY THEREON CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE; AUTHORIZING CERTAIN INCIDENTAL ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in connection with the acquisition and improvement of land and the acquisition, construction, improvement and equipping of a new town center facility thereon containing a city hall, police station and parking garage (the “Project”), the City expects to incur expenses for which the City will advance internal funds legally available for such purpose, and WHEREAS, the City intends to reimburse itself for all or a portion of such expenses from the proceeds of tax-exempt obligations and/or taxable obligations (herein referred to collectively as the “Obligations”) to be incurred by the City, and WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”) and applicable regulations (the “Regulations”) require the City to declare its official intent in connection with such expenditures prior to incurring the Obligations in order to allow the City to be reimbursed for such expenditures from a portion of the proceeds of the Obligations, when and if the Obligations are incurred, and WHEREAS, it is intended by the City that this Resolution constitutes a declaration of official intent with respect to the reimbursement, from proceeds of the Page 132 of 187 2 Obligations, of those certain capital expenditures incurred or to be incurred by the City for the Project prior to incurring the Obligations, and WHEREAS, the City adopts this Resolution with the understanding that the action taken and authorized by this Resolution does not constitute final approval of the Project or of the Obligations and is not an absolute commitment by the City to incur the Obligations and that approval of the Project will be effected in accordance with applicable law and regulations and that financial terms, security for the repayment of the Obligations and other matters will be determined and/or approved by subsequent proceedings of the City Council of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS. The recitals set forth above are adopted by the City as the findings of the City and are incorporated herein. SECTION 2. DECLARATION OF OFFICIAL INTENT. The City hereby declares its official intent to reimburse itself from the proceeds of Obligations to be incurred by the City for expenses incurred with respect to the Project within 60 days prior to the date of this Resolution and to be incurred subsequent to the date of this Resolution. This Resolution is intended as a declaration of official intent under Treasury Regulation § 1.150-2. The obligations to be incurred to finance the Project are expected not to exceed an aggregate principal amount of $55,000,000. SECTION 3. INCIDENTAL ACTION. The appropriate members of the City Council and officials and staff of the City are hereby authorized to take such actions as may be necessary to carry out the purpose of this Resolution. Page 133 of 187 3 SECTION 4. NOT FINAL ACTION. The terms of this Resolution and the actions authorized hereby shall not constitute final approval of the Project or authorization for the City to incur the Obligations; such approval and authorization shall be considered by the City by subsequent proceedings and by other appropriate regulatory bodies as required by applicable law and regulations. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ______________, 2010. ATTEST: RONETTA TAYLOR, MMC, CITY CLERK SHIRLEY GIBSON, MAYOR Reviewed by: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Danny O. Crew, City Manager MOVED BY: SECONDED BY: VOTE: VOTE: Mayor Shirley Gibson __(Yes) __(No) Vice Mayor Oliver Gilbert III __(Yes) __(No) Councilman Melvin L. Bratton __(Yes) __(No) Page 134 of 187 4 Councilwomen Barbara Watson __(Yes) __(No) Councilman Andre Williams __(Yes) __(No) Councilwoman Sharon Pritchett __(Yes) __(No) Councilman Aaron Campbell Jr. __(Yes) __(No) MIA 180,862,491v3122872 .010100 Page 135 of 187 Staff Monthly Report May-June 2010 CITY MANAGER • Working on contracts, agreements, etc. for the City Hall project. These include bond counsel, disclosure council, underwriter, architect and commissioning agent. • Prepared RFP for developer for the City Hall contract with City’s advisor and City Attorney • Began negotiation with URS to be the City’s architect on the City Hall project. Held several meetings with URS and the City’s advisor. • Meeting with the City’s bond council, underwriter, disclosure council to prepare a timetable and begin work on documents for the financing. • 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. • Took additional actions to reduce the current budget. • Met with DR Horton on the progress with the new gate for Andover. Indicated the necessity to more forward at once. • Met with residents on several matters including public records requests and permits. • Prepared documents and agreement for renewed red light camera program. • Met with County Manager and other municipal managers on general county subjects. County now has a debt collection agency that will assist us for no additional cost. We are looking into it. FINANCE DEPARTMENT (Patty Varney) 1. I attended the Florida Government Finance Officer’s annual conference and was able to discuss with the representatives from Moody’s with regard to GASB 45, Other Post Employment Benefits. I was informed that the rating agency is aware that many cities and counties are not funding this liability and currently they are not including this liability in the credit rating. 2. Complete salaries and fringe benefits projections for fiscal year 2011. 3. Complete FY 2011 revenues projections and submit to City Manager. ITEM M-1) REPORTS Manager's Monthly Report Page 136 of 187 4. Revised year-end projections for FY 2010 for both revenues and expenditures and submitted to the City Manager for his review. 5. Provided the City Manager FY 2011 proposed budget which includes the departments submittal, and any proposals or revisions by the Deputy City Manager, Assistant City Managers and Finance Director. 6. While performing the salaries and fringe benefits projections, I realized certain set up in the Eden system for benefits deductions were incorrect. These discrepancies have been corrected in the first pay period in June. Attached is the financial report and analysis for the month of May. Revenue and expenditures should reflect a 66.66%. 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. Based on the current revenue trend in the General Fund, it is estimated that shortfall will be recognized in the following revenues categories: state revenues (Sales Tax, State Revenue sharing), utility taxes (electricity, gas and telecommunication), franchise fees (gas and electricity), and other revenues such as recreation fees, and code enforcement fines. However, revenues received from Jazz in the Gardens, Red Light Camera, and Calder revenues are coming in higher than expected. A shortfall of approximately $2.0 million may recognize in General Fund for year-end between revenues and expenditures. In the Transportation Fund, gas tax revenue may also present a shortfall of $100,000 which may impact the fund to experience a small deficit and requires subsidy from the General Fund. As of May 30, 2010, the City has total investments in the amount of $13,307,493. Of this amount, $7,503,632 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 $203,861 in tax certificates with Dade County. 1 Page 137 of 187 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Property Tax 23,089,178 20,350,458 88.14% 23,608,249 20,675,680 87.58% Utility Tax 1 11,276,242 5,493,901 48.72% 9,890,000 5,530,826 55.92% Franchise Fees 2 5,809,802 735,816 12.67% 5,476,428 759,015 13.86% Permits/License Tax/Other Fees 3 1,925,000 1,486,873 77.24% 1,830,000 1,384,620 75.66% Intergovernmental Revenue 4 11,624,716 5,754,736 49.50% 10,739,309 5,689,292 52.98% Charges for Services 5 3,231,509 3,309,789 102.42% 2,955,046 1,981,356 67.05% Fines & Forefeitures 6 2,537,000 2,509,198 98.90% 1,251,000 1,175,514 93.97% Miscellaneous Revenues 7 1,535,000 1,237,511 80.62% 1,010,000 723,512 71.63% Non-Operating Revenues 11,227,434 1,063,663 9.47% 18,442,948 7,602,878 41.22% TOTAL 72,255,881 41,941,945 58.05% 75,202,980 45,522,692 60.53% 1 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 $707,000 for this fiscal year. 2 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 3 Increase in Permits/License revenues when compared to FY 2008 is mainly attributed to increase in revenue generated under Certificate of Use, and the new fee established for Certificate for Re-occupancy. 4 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. 5 This category reaches over 100% which is mainly attributed to Jazz in the Gardens. This revenue received exceeds the budget by approximately $598,000 6 6 Increase in this category is mainly attributed to the fines collected for the "Red Light Camera". 7 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 May 30, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 39,523,550 27,830,638 70.42% 37,517,926 25,494,386 67.95% 2 6,426,617 4,800,584 74.70% 7,840,923 4,846,538 61.81% 3 373,900 73,426 19.64% 8,551,394 8,013,397 93.71% 97,587 31,510 32.29% 0 0 0.00% 16,619,841 10,600,886 63.78% 11,413,820 7,388,862 64.74% 9,214,386 0 0.00% 9,879,517 0 0.00% TOTAL 72,255,881 43,337,044 59.98% 75,203,581 45,743,183 60.83% 1 There is 9 remaining pay period for FY 2010. The percentage expensed should be 65.38%. 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 May 30, 2010 GENERAL FUND Personnel Expenses Operating Expenses Capital Outlay Grants and Aids 2 Page 138 of 187 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 1,282,699 54.93% 2,295,000 1,249,997 54.47% Permits/License Tax/Other Fees 95,000 41,780 43.98% 90,000 34,014 37.79% 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% 2,200 3,435 156.12% Miscellaneous Revenues 3 29,969 4,909 16.38% 26,000 9,497 36.53% Non-Operating Revenues 986,166 345,793 35.06% 1,165,696 181,524 15.57% TOTAL 4,459,849 2,206,069 49.47% 4,333,646 2,019,497 46.60% 1 Local Option Gas Tax distribution is lagging by one month. The revenue is slightly lower than projected as it should reflects 58.33% of budget May experience a shortfall of $100,000 for year-end. 2 Lower Intergovernmental Revenue is attributed to lower State Revenue Sharing distributions. 3 Miscellaneous revenues is lower than FY 2009 due to lower cash flow and interest rate of return. Revenues as of Ma TRANSPORTATION FUND y 30, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget $2,029,709 $1,329,177 65.49% 1,775,607 1,157,849 65.21% 1 $577,928 $486,267 84.14% 917,796 513,270 55.92% $120,999 $13,745 11.36% 56,346 13,722 24.35% 2 $0 $0 0.00% 298,878 298,878 100.00% $1,731,213 $959,042 55.40% 1,285,020 692,034 53.85% TOTAL $4,459,849 2,788,230.93 62.52% 4,333,647 2,675,753 61.74% 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 May 30,, 2010 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 2,186,509 90.02% 1,724,000 1,444,503 83.79% Charges for Services 2 0 2,109 0.00% 222,000 60,254 27.14% Miscellaneous Revenues 6,100 1,268 20.78% 38,626 9,322 24.13% Non-Operating Revenues 1,813,211 1,072,903 59.17% 1,890,496 1,123,909 59.45% TOTAL 4,248,311 3,262,788 76.80% 3,875,122 2,637,988 68.07% 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 DEVELOPMENT SERVICES FUND Revenues as of May 30, 2010 collected has to be remitted to the County or State. In FY 2010, fees collected are recognized at the balance sheet and not as a revenue. 3 Page 139 of 187 Revenue from the General Services Fund is mainly derived from interfund transfers from the General Fund, Stormwater Fund, Building Services Fund and Transportation Fund. Revenues from Capital Projects Fund are either from grants or transfer from General Fund. FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget t s P 1 Budge YTD Expense of Budget 2,525,807 1,537,547 60.87% 2,619,919 1,807,446 68.99% 225,096 133,886 59.48% 242,909 151,383 62.32% 13,396 1,478 11.04% 19,377 2,219 11.45% 1,484,012 742,435 50.03% 993,017 657,481 66.21% TOTAL 4,248,311 2,415,346 56.85% 3,875,222 2,618,529 67.57% 1 The Building Servics Division Director was vacant for the month of October, and the position of the Code and Building Services irector was vacant for the first two months in October. Expenditures as of May 30, 2010 ersonnel Expenses Operating Expenses Capital Outlay Other Uses DEVELOPMENT SERVICES FUND D FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1,407,237 917,069 65.17% 1,330,131 851,107 63.99% 4,673,215 2,711,597 58.02% 4,517,961 2,946,129 65.21% 1,473,339 1,249,356 84.80% 1,848,554 1,019,953 55.18% 1,637,312 995,493 60.80% 757,520 18,500 2.44% TOTAL 9,191,103 5,873,515 63.90% 8,454,166 4,835,688 57.20% All categories of expenditures are within budget allocation Other Uses Expenditures as of May 30, 2010 GENERAL SERVICES FUND Personnel Expenses Operating Expenses Capital Outlay FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 457,283 306,389 67.00% 347,719 188,263 54.14% 1 260,365 74,147 28.48% 190,001 51,630 27.17% 25,805,570 4,902,841 19.00% 67,696,191 10,229,931 15.11% 224,463 125,085 55.73% 666,106 436,406 65.52% TOTAL 26,747,681 5,408,463 20.22% 68,900,017 10,906,229 15.83% 1 Operating expenses is lower than mainly attributed to G.O. bond master plan of which there is little activity in FY 2011. CAPITAL PROJECTS FUND Expenditures as of May 30 2010 Personnel Expenses Operating Expenses Capital Outlay Other Other Uses 4 Page 140 of 187 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 43,180 107.95% 300 13,800 4600.00% Grant 163,275 0 0.00% 100,000 0 0.00% Charges for Services 3,395,000 1,521,383 44.81% 3,395,000 1,793,803 0.00% Miscellaneous Revenues 74,643 35,112 47.04% 25,000 32,758 131.03% Non-Operating Revenues 2 1,399,331 76,290 5.45% 0 0 0.00% TOTAL 5,072,249 1,675,964 33.04% 3,520,300 1,840,361 52.28% 1 More permitting fees were issued in FY 2010 2 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 800,231 552,218 69.01% 639,438 386,090 60.38% 937,376 557,843 59.51% 1,230,217 270,442 21.98% 649,263 183,744 28.30% 158,485 357,343 225.47% Debt Service 665,889 215,514 0.00% 657,474 209,064 0.00% 2,019,490 436,074 21.59% 834,686 395,989 47.44% TOTAL 5,072,249 1,945,392 38.35% 3,520,300 1,618,928 45.99% Expenditures as of May 30, 2010 Personnel Expenses Operating Expenses Capital Outlay Other Uses STORMWATER FUND HUMAN RESOURCES (Taren Kinglee) Revised Employee Policies and Procedures Manual published. Distribution and reorientation of employees began. Training provided on Heat Stress. Twenty-one employees attended. Public Works Material Safety Data Sheet book updated Next year’s renewal rate negotiations began with current health/benefit providers. Staff attended Hurricane Preparedness Meeting. 5 Page 141 of 187 Consultation with outside council through Florida League of City regarding pending litigations including deposition for cases. Responded to several public records request. Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 704 366 371 250 139 67 209 279 968 Positions Advertised 7 5 5 2 2 3 1 5 9 Interviews Conducted 60 54 37 68 61 15 29 16 18 Pre-employ Physicals 27 8 18 9 18 6 10 7 53 Background/Reference Checks 10 9 4 167 103 13 13 46 5 New Hires 13 8 2 2 7 6 1 1 48 Workers Comp Claims 22 18 7 15 16 14 23 21 17 Exit Interviews 1 2 1 1 1 1 2 1 1 Promotions 4 1 0 0 0 0 0 1 2 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) MAJOR INITIATIVES MANAGED Y 11 Budget Prep: F Analyzed Departmental Budgets for Police Department, School Crossing Guard, Analyzed Revenue projections for Police Department and Building and Code Prepared various budget reduction scenarios for CM consideration rban Area Security Initiative Administration: • Information Technology, Building and Code Compliance • Compliance • U 6 Page 142 of 187 • Completed federal environmental screening and review documentation on all 2006 and 2007 UASI grant projects. • Completed budget worksheets for CMG Risk Based funding allocation • Completed comprehensive assets listing for CMG UASI equipment • Review results for UASI Emergency Radio Station Project Bid award recommendation EDEN Software System Rebuild: • Worked with IT staff to negotiate system rebuild project structure elements and cost allocation with EDEN representatives • Established training schedule and project timeline for system modifications in Building and Code compliance, Public Works, Finance, and Planning and Zoning. Red Light Camera Program Transition • Work with ATS in order to establish new program structure in preparation for July 1 Statutory program changes. • Establish current program structure close our procedures with staff regarding the processing of appeal requests. • Meet with County Clerk of Courts staff to address the transition to Uniform Traffic Citation System of processing. • Work with ATS to negotiate ne contract for City Council consideration • Establish list of priority locations and gather backup documentation for placement of additional cameras throughout the City. Education Compact/Miami Gardens Excellence in Education 501C3 • Researched candidates for Interim Executive Director Services • Worked with School Board to secure nominations for the Board of Directors for the 501C3 • Interviewed firms for the Interim ED position • Established a scope of services and draft contract for City Attorney review • Met with School Board staff to launch the Back to School Information Fair in the City of Miami Gardens per the Education Compact action plan 7 Page 143 of 187 LEGISLATION PREPARED (NON LEGAL) • Homeowner Bill of Rights Resolution • Vacant Property Registration Ordinance • GOB Funds Interlocal Resolution • Special Event Ordinance MISCELLANEOUS PROJECTS ASSIGNED • South Florida water Management District Tour • Research Federal Appropriation for City Hall Project • Strategic Plan Score Card Preparation • Police Department Procedures as it relates to Council Notice • Historic Preservation Status of former Archdiocese property EXTERNAL MEETINGS • URS Architects re: City Hall Project • School Board representatives re: School Resource Fair – August • Commissioner Jordan re: $3M in GOB funds • ATS representatives re: Transition of Red Light Camera Program • County Managers’ Quarterly City Management Meeting • Urban Area Security Initiative Meeting • FMU Construction team re: upcoming development • Dolphins Organization re: 5 year Jazz commitment • Miami Gardens Kiwanis Meeting • Clerk of Court’s Meeting on Red Light Cameras • FDOT Conference Call on Technical Requirements for Red Light Camera • Joe Poklemba and Consultant Architects re: Judson POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 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 8 Page 144 of 187 • 1 Records Supervisor • 3 Records Clerks (1 vacant position) • 1 Executive Secretary • 6 Administrative Assistants • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 1 Crime Analysts ( 1 vacant position) • 1 Administrative Analyst • 1 Investigative Assistant • 1 Crime Scene Supervisor • 5 Crime Scene Technicians The monthly activity for the Operations Division for the month of May 2010 is as follows: ARRESTS: • FELONY 105 • MISDEMEANOR 208 • TRAFFIC 416 • DUI 08 • WARRANT 39 TOTAL ARREST 776 CITATIONS: • MOVING 586 • NON-MOVING 1325 • PARKING 112 TOTAL 2023 FIELD INTERVIEW CARDS 1860 TOTAL CALLS RESPONDED TO 8066 REPORTS WRITTEN 2121 TRAFFIC CRASHES 93 The monthly activity for the Support Services Division for the month of May 2010 is as follows: Property and Evidence, Number of property items processed: 314 -Property Receipts Processed 19 -Property Receipts Rejected 10 -Property Released 9 Page 145 of 187 72 -Property out to Lab 0 -Property to be Disposed 6 -Lab Runs to MDPD $7,986.70 -Cash Impounded 30 -Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,248 /Walkup Requests at Window 873 /Mail Logged In 426 /Fingerprints 27 /Background Checks 86 /Amount Collected At the Window $133,233.40. Number of calls received by dispatch: CAD Calls = 11,459 /Phone Calls = 12,987/FCIC Entries = 213 /Training hours = 16 (3 people to FDLE for 4 hour FCIC LAI recertification training and 14 hour training on Municipal Dispatch Consol ). Overtime Hours = 295 Court Liaison and Off-Duty 778 subpoenas stamped and placed in the officers’ mailboxes. 396 off duty personnel processed and entered into Eden for payroll processing. 8 off duty vendor requests processed. 130 dispositions stamped and placed in the officers’ mailboxes. The monthly activity for the Investigations Division for the month of May 2010 is as follows: Arrests – Total: 456 Felonies – 126 Misdemeanor – 191 Truants Returned-0 U.S. Currency Seized – $1,800.00 Vehicles Recovered – 21 Vehicles Recovered Value-$360,000.00 Vehicles Processed-4 Property Recovered Value-$3,700.00 Firearms Seized – 27 Search Warrants --0 Total Cases Assigned 417 Closed 161 (+31 UNF) Rate 41.7% Scenes Processed by Crime Scene Investigations Unit-128 The monthly activity for the Professional Compliance Unit for the month of May 2010 is as follows: 10 Page 146 of 187 Training-• Classes Attended: 8 • Hours Taught: 336 • Participants (Officers/Civilians): 25 • American Traffic Solutions Customer Conference-Scottsdale, AZ Internal Affairs Complaints Initiated-• Case #2010-018 Case #2010-021 Case #2010-019 Case #2010-022 Case #2010-020 Capital Improvement Projects (Brandon DeCaro) Administration Items: • V. Nelson and B. DeCaro submitted all required information to the County Staff for transfer of GOB Grant Funds into appropriate active project. Letter requesting GOB transfer was sent 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 will be presented to the City Council at the June 23rd meeting. Public Meetings: • Staff met with Commissioner Jordan and county staff to discuss the proposed GOB Contracts. • Staff attended Miami-Dade Recreation, Culture and Tourism Committee meeting on 6/07/10 to answer questions regarding the new GOB contracts. • Staff attended Miami-Dade Building Better Communities General Obligation Bond Advisory Committee meeting on 6/10/10 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), and Audrey J. King Park (11,997.40). Meeting will be held with Vernita Nelson and staff to discuss options for allocation of funds. • Miami-Dade County AIPP Staff has submitted proposal for assisting the City in the implementation of AIPP at Miami Gardens Community Center. Meeting with staff to discuss terms of proposal took place on 11/23/09. Revised proposal submitted by County on 11/30/09. Proposal reviewed by City staff and City Attorney. An 11 Page 147 of 187 agenda item has been drafted and will be presented to Mayor and Council for approval at Council Meeting on 01/13/10. • Item was approved by 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. • AIPP meeting for CMG staff to discuss Miami Gardens Community Center Phase II – Amphitheatre has been scheduled for 06/16/10. 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. • 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 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. Demolition of Wachovia Building Site: Bid Phase – Brandan DeCaro • Schedule, planning options & preliminary estimate for site improvements has been reviewed by City Manager & Deputy Manager. • Bid advertised on 9/8/31/09; Pre-bid meeting on 09/09/09; • Bids were opened on 09/26/09. 12 Page 148 of 187 • 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 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 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 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 will be presented for approval to staff the week of 6/14/10. The GC will begin to execute the work for the window & the electrical up-grades after the cost has been approved. Staff will tentatively schedule the work for 6/18/10. • Miami Skyline Construction is still pending final negotiations for the final payment. Fueling Facility & Storm Drainage: Construction Document Phase 85% – Jimmie Allen • WASD and DERM review for original scope completed 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 13 Page 149 of 187 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. • 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 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% complete – Jimmie Allen • A/E has completed all Punch Lists for the main building, the site and the ancillary buildings. The architect performed the balance of the Punch List re-inspections for all buildings the week of 5/7/10. The contractor has completed 99% of all Punch List Items. • Final inspections by public agencies have been completed except the Final CMG inspections: o Miami Dade County Water & Sewer (MDWASD) -Approved, water meters pending the issuance to the County the Maintenance Bond by the City. o Miami Dade County Fire Department – Approved. Pending the final CO Inspection. o CMG Electrical Inspections -Pending • Staff met with MDWASD regarding securing permanent water meters. City Council approved the Conveyance Documentation supplied from MDWASD in order for the CMG to secure permanent service. Once the City Attorney provides final opinion of title it will be delivered to MDWASD and the connection fees will have to be provided by the City. • The equipment in the pool pump room has been completed. All of the pool systems have been started tested and are functioning. The final inspection for all of the equipment was performed and approved by the pool consultant on 4/14/10. The Department of Health inspection will be scheduled when issues related to the pool slide containment gate have been resolved. This item is pending and will affect pool approval and opening. 14 Page 150 of 187 • A Purchase Order has been issued to the pools slide supplier to manufacture a self latching gate in accord with DOH Requirements. • 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 west bleacher slab is undergoing redesign. • Gibbons Fence Inc. has provided a price to replace the fencing that was removed for the bleacher slab construction. • Parking Lot light fixtures have been installed, inspected and approved as of 5/11/10. • The final inspection for the irrigation system was completed by the Landscape Architect the week of 4/12/10. All work has been approved and staff was trained on the equipment on 5/11/10. • The contractor requested a 118 day time extension, which was approved during the 11/11/09 City Council Meeting. Additional time was considered for delays due to additional requirements by the Miami Dade Fire Department during their final inspection. • The FF&E List was developed and the 3,000,000 for the FF&E funding was submitted to the County in December 2010. The contract with the County GOB Office for the FF&E funding is pending. • 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 Fire suppression system is awaiting final Fire Department review and 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. • 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. 15 Page 151 of 187 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 Construction Doc’s were reviewed by CIP Staff. Comments were sent to the A/E 6/11/10. Several coordination issues were identified by staff and addressed by A/E. • The bid advertisement is scheduled for week of 6/21/10. 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 16 Page 152 of 187 • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised Construction Doc’s submitted to CIP staff for review 4/15/09. • County Fire -Plans approved for permitting. • WASD – Water & Sewer connection reviewed and approved. • DERM -Review for Water & Sewer completed. Surface water permit approved. Payment for all DERM Permit Fees completed 7/14/09. • Construction Doc’s were submitted to Miami Gardens Building Department on 7/30/09. Building Department and Public Works comments received. A/E response to the comments is pending. • A/E terminated during 11/10/09 Council Meeting. • Negotiations conducted with new A/E to assume design and construction admin for project. • Agreement with new A/E will be presented to the City Council for approval. North Dade Optimist Park: Design 100% completed, Bid Phase started – Anthony Smith • Phase I Improvements include: Construction of new 3,000 sq. ft. building including six restrooms, small concession/kitchenette, and storage rooms; paved parking lot with 114 spaces including drainage, irrigation and landscaping, football field & sports lighting relocation and minor landscaping; and construction of a sewer lift station. • Parks plans approved by Miami-Dade Fire. Reviewed by DERM and MDWASD. Additional information requested and accepted 5/08/09. Final approval pending. • Lift Station -Received approval by MDWASD and DERM. • Construction Doc’s for the Recreation Building & Lift Station submitted to the CMG Building Department for review on 5/27/09. • A/E has addressed comments from MG Building Department and DERM. • Plans resubmitted to the MG Building Department for 2nd review on 9/01/09. • A/E started work for additional services to add a new fence around the property, gates at entrances, irrigation system and building elevations. • Construction Doc’s re-submitted to the 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. 17 Page 153 of 187 • The A/E will submit additional services proposal to revise the construction documents to include security system and phasing of construction. • The ordinance letter, for water connection, will be resubmitted to Miami-Dade WASD for approval. (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 Optimist Park 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. • 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 95% 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. • The revised drawings for the new main drain were approval by the MG Building Department on 4/27/10. 18 Page 154 of 187 • City staff will look at potential areas of concern for electrical deficiencies in the Pool House that will prevent occupancy of the facility. This work shall be done under a separate contract in order for the MG Building Department to finalize all associated permits and issue a Certificate of Completion for the piping replacement. • 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 will perform inspections of the construction for the new main drain to determine if project has achieved substantial completion. • The contractor will schedule a final inspection for the main drain with the Department of Health and CMG Building Department for final approvals and completion of construction. Miami Carol City Park: Construction 64% completed – Anthony Smith • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. Revised Water & Sewer Agreement accepted by WASD on 6/04/09. • MDWASD, DERM and Miami-Dade Public Works approval received week of 9/07/09. • Final submittal to MG Building Department on 9/18/09. Construction Documents approved by Miami Gardens Building Department. Miami Gardens Public Works approval pending. • Kick-off meeting held with contractor, Portland Construction. Miami Gardens Building Permit issued 10/15/09 and construction began on 11/02/09. • The underground plumbing and electrical were underway December 2009. • The property address of the new Recreation Building has been changed by the MG Planning & Zoning and Miami-Dade County’s Property Appraisal Departments to reflect accurate location. Certified copy of sheets submitted to Miami-Dade as a revision for review on 1/8/10 because the County permit number had expired. Miami Dade-Fire Dept. approved 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 windows, storefront, and door jambs is complete. • The installation of the exterior doors is underway. • The installation of the building insulation is underway. 19 Page 155 of 187 Miami Carol City Park Sports Lighting: Design Phase 100%, Bid Phase 95% -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 installation of the new fixtures is scheduled to begin during the week of 7/12/10. 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. A.J. King Park Playground Replacement: Planning Phase 90% – Brandan DeCaro /Anthony Smith • New playground proposal received for SNP Grant application. • V. Nelson and B. DeCaro attended the Safe Neighborhood Parks (SNP) Oversight Committee Meeting on 1/29/10 and received approval for funding for the new playground installation. 20 Page 156 of 187 • 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 will be presented to City Council for approval at the 6/23/10 meeting. 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 will be presented to the City Council for approval at the 7/14/10 Council Meeting. BUILDING AND CODE ENFORCEMENT (Sharon Ragoonan) REVENUES: Building Permits $ 109,747.52 Certificate of Occupancies (CO) 240.19 40 Year Recertification 0.00 TOTAL $ 109,987.71 EXPENDITURES: Salaries & Wages $152,732.36 Personnel Benefits 45,265.41 Contract Services 510.00 (Professional Services) Operating Expenditures/Expenses 0.00 (Travel & Per Diem; Postage & Freight Utilities; Rentals & Leases, etc.) Operating Expenditures/Expenses 1,630.36 (Supplies; Other Operating Expenses; Uniforms; Books; Education & Training, etc.) Capital Outlay 0.00 Internal Charges 74,522.67 TOTAL $ 274,660.80 21 Page 157 of 187 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 556 Electrical 201 Mechanical 62 Plumbing 244 PROFESSIONAL SERVICES Electrical 27 Plumbing 0 TOTAL 1,090 UNSAFE STRUCTURES CASES: Issued 0 Board Hearing 0 TOTAL 0 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 2 Total – Construction Value $ 192,109.00 M AJOR 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 5. Permitting Guide 6. Charter High School: expedited plan review in progress 22 Page 158 of 187 7. Mercedes Benz: inspections performed on a timely basis CODE ENFORCEMENT (Roderick Potter) • Conducted the monthly management field zone review. • Code lost 1 Supervisor due to a transfer to the Community Development Department. • Code Compliance area Supervisor or Officer attended a total of 7 Community Association and Neighborhood Crime Watch meetings consisting of (Scott Park Community meeting to address park facilities, Law Beat 34 Riverview Crime Watch meeting, North County Neighborhood Crime Watch meeting, Norwood Crime Prevention meeting, Isabella Neighborhood Crime Watch meeting, Leslie Estates Neighborhood Crime Watch meeting and the Vista Verde Crime Watch meeting). • Building & Code management team hosted a meeting with the Vista Verde and Miramar Gardens HOA presidents. • Building & Code management staff attended the Law Beat 34 Key Stakeholders meeting. • Code Compliance Division held a Special Operation to conduct after-hours sweeps of the City for illegal activities from 10pm – 2am. • Code Division Director and License & Housing Manager attended the KAPOW Awards Recognition dinner. • The Building & Code management team held a meet & greet breakfast for Building & Code staff. • Code Compliance Guest Services Committee held its monthly customer service improvement meeting. • Code Compliance represented the City at the Myrtle Grove Elem. Career Day Event. • Code management team attended the State of the City Address. • 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. 23 Page 159 of 187 • Laser fiche quarterly destruction completed. PERSONNEL Staff Development: • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • The first 2 Code Compliance LDR training sessions were completed. • Data Entry Clerk attended a Cintas document destruction training. CODE Stats: Feb 10 Mar 10 Apr 10 May 10 Business Tax Receipt Inspections 55 79 45 45 Certificate of Use Inspections 55 79 45 44 Landlord Permit Inspections 74 464 31 14 Warning Notices Issued 438 364 189 334 Civil Violation Notices Issued 128 188 468 99 Re-Inspections 501 598 288 360 Special Master Hearings 23 17 19 28 Massey Hearings 42 73 45 42 Lien Amnesty Request Hearings 9 9 12 13 Extension Requests 37 50 33 27 Complaints Received 170 193 153 158 Proactive Cases 257 387 162 217 Cases Closed Within 30 Days 171 170 124 167 Cases Closed Within 60 Days 11 14 1 4 Cases Closed Within 90 Days 31 14 5 12 Special Operations-Code 9 4 18 11 Special Events 4 2 2 1 Illegal Signs Removed 707 839 793 642 Phone Calls Received by CEOs 333 359 212 245 Parking Tickets Issued 34 25 12 7 Lien Searches 129 144 152 186 Joint Operations-MGPD 4 0 0 4 PD Requests for CE 22 18 26 8 Storm water Postings 0 0 0 0 Abandoned Vehicles -Tagged 31 35 15 25 Abandoned Vehicles -Towed 4 7 0 0 24 Page 160 of 187 Licensing Stats Feb 10 Mar 10 Apr 10 May 10 New Business Tax Receipts 66 100 42 50 New Certificates of Use 46 49 30 33 New Alarm Permit Accounts 38 52 53 63 New Landlord Permit Accounts 8 7 12 6 Business Tax Receipts Issued 208 188 135 58 Certificates of Use Issued 158 169 121 37 Alarm Permits Issued 33 21 18 39 Landlord Permits Issued 33 307 94 37 Housing Stats Feb 10 Mar 10 Apr 10 May 10 Re-occupancy Inspections Re-occupancy Certificates issued Administrative Foreclosure Inspections 45 43 8 47 55 15 58 57 0 37 56 10 Note: All totals are from beginning to end of month. SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • SCG Year End Procedures 1. Absentee Reports 2. Last week of school /early dismissal 3. Uniform Collection Meetings Attended: • Departmental mtg. w/DCM Renee Farmer – 5/26/10 • Director’s Mtg.-• SCG Employee Staff Mtg.-06/04/10 • Agenda Review/Staff Meeting – • CTST Meeting-05/03/10 Meetings scheduled: • CTST Coalition Meeting – July 5, 2010 Misc: • Tuesday, May 25, 2010-Family Child Safety Class Parents and caregivers were educated on the proper use of seatbelts and car seats. There were a total of 8 attendees. • Injury Free Coalition for Kids Health and Safety Fair-Saturday, June 5, 2010-School Crossing Guard employees provided Child Safety Identifications to approx. 23 children at the Health and Safety Fair held at Armbrister Park in Coconut Grove, Florida. 25 Page 161 of 187 Employee Incident Reports: • Total: 0 Terminations: 0 Resignations: 0 New Hires: 0 ASSISTANT CITY MANAGER (Vernita Nelson) • Media & Events Division – Completed Production Agreement for 2011 Jazz in the Gardens music festival. • Capital Improvement Projects Department – Continue to assist with capital improvement projects; assisted in preparation of agenda items; leading efforts 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 Extended contract has been approved; Met with Children’s Trust representatives to review monitoring outcome report scoring. Working with program staff to instill “best practice” case management procedures using developed Daily Outreach Log and Weekly Contact Reports; Staff attended pre-bid meeting related to The Children’s Trust recent Request for Proposal; o Staff attended Miami Gardens Community Safety Fair to conduct Civic Engagement Survey and asked youth to complete an anti-violence oath. Brochures were distributed and Peace Tea a refreshing drink provided to participants. o Worked with Parkway Middle School, CMG Code Enforcement and CMG Community Outreach to develop a youth community service project that assisted a resident at 175th Street and 25th Avenue who was frequently cited for graffiti. The project involved the youth in painting a mural on the wall which was frequently marred with graffiti. Eighth grade students painted the mural with assistance from the school’s Trust Specialist and Math Teacher o Attended Ounce of Prevention – Florida Children’s Initiative Replication Workshop in Orlando, Florida May 26 – 27, 2010. Purpose of the workshop was to learn about the Harlem Children’s Zone evidenced-based community development model and develop a collaborative application to the Department of Education Promise Neighborhood RFP with other communities throughout Florida. o Monthly Coalition Meeting (2nd Tuesday of each month) included JSD presentation to the members about the need to increase civil citation referrals instead of detention for juvenile misdemeanor and first offenders. o Conducted Care Coordinator interviews to hire a new Care Coordinator. • Public Works Department – Assisted in preparation of agenda items 26 Page 162 of 187 • Weekly Department/Division Meetings • City Manager’s Office – Oversight of the Employee of the Month Program; Assisting with FY 2011 budget preparation. • Progressive Young Adults Committee – Members are assisting staff with the Census 2010 “Be Counted” public awareness campaign. Committee meetings are held every 3rd Sunday of the month. Additional Meetings: • 5/19 – safe neighborhood Parks Bond Program Committee Meeting • 5/20 – CMG Historical Evening • 5/21 – The Children’s Trust • 5/25 – Commissioner B. Jordan and Miami-Dade CIP staff • 5/26-27 --Florida Children’s Initiative Replication Workshop • 6/3 – YVPC Executive Board Meeting COMMUNITY OUTREACH (Lillie Q. Odom) No report. Vacation. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Completed the April issue of the Community Newspaper. The May issue is available online at www.communitynewspapers.com. At present we are still awaiting the arrival of the June paper. Due to delays in printing press services, our paper is running behind. We are however working on the July issue. • We have reconciled the Jazz in the Gardens 2010 event budget. Final expenses and revenues have been reported to the City Manager. The event generated revenue of over $115,000 for the City this year. With over 40,000 attendees at the 2010 Jazz in the Gardens music festival, it was featured as the Best Music Festival of South Florida in the Miami Times 2010 Best issue. Please see attachment. • We have finalized contracts for the sponsorship consulting services and production services for the 2011 Jazz in the Gardens event. We are in the early phases of planning for 2011. • Met with Sun Life Stadium to discuss future of Jazz in the Gardens as it relates to Stadiums support for this event. • Staff has been assisting Miss Abigail Williams, Miss Miami Gardens 2010, with her Miss Florida competition preparations. The Miss Florida Pageant is July 7-10, 2010. Preparations include paperwork, wardrobe, talent, fundraising and a mix of 27 Page 163 of 187 other elements for the upcoming Miss Florida Pageant. For more information about Miss Miami Gardens, visit www.missmiamigardens.com. • The 6th Annual Memorial Day Breakfast hosted by Councilman Melvin Bratton, was held at the Smith Conference Center located on the Florida Memorial University Campus on Memorial Day, Monday, May 31st, 2010, at 8:30am. Approximately 260 people attended the function and honored our fallen soldiers. This was a most successful event. • Attended the initial Hurricane Readiness Section Chiefs meeting hosted by the Miami Gardens Police Department. • Event and Media staff attended the Human Resources Re-Orientation sessions to review new Employee Policy Manual/Handbook. • 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 are now at 11,000 from 5,000 a year ago. Subscribers vary from City residents to out-of-state interested parties. • Met Met with Sun Life Stadium to discuss future of Jazz in the Gardens as it relates to Stadiums support for this event. • The 5th annual Hurricane Expo has been cancelled due to budget constraints, however the City has decided to take a different approach and develop a radio/online Hurricane Preparedness Campaign that will have more reach and make more of an impact. The campaign is in the process of being develop and staff is working with Cox radio to create this campaign which will feature interviews, demos and a request to sign up for Code Red Alerts. • We are currently structuring a plan to produce the Arts and Culture Festival that will be sponsored by Councilwoman Watson. This event is slated to take place between the summer and fall 2010. • NorthStar has presented three creative concepts for the City as part of their contractual commitment to assist us in branding the City. We are still in the process of reviewing these concepts and will choose one of three which best exemplifies the City as we wish to market it as a community and destination brand. The City Manager currently has these concepts and will decide along with a team of peers which concept best represents the City of Miami Gardens. • 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) 28 Page 164 of 187 1. Prepared and issued nine bid/RFP: Annual Contract for Storm Drain & Canal Maintenance Installation of Security System – City Hall Annual Contract Purchase Plants & Trees Re-issue Fitness & Health Management Annual Contract for Catering Services NW 183rd Street Improvements Public Private Development Opportunity Home Rehabilitation 3020 NW 156th Street Home Rehabilitation 2260 NW 154th Street 2. Prepared and issued four quotations: Storage Services Audio Visual MGCC Athletic Field Striping Material Saddle Boxes 3. Preparing specifications for the following: Home Rehabilitation 4191 NW 199th Street Annual Contract – Sidewalk Replacements Annual Contract – HVAC Maintenance MGCC phase II – Amphitheatre Virtualization Project Annual Contract Trailer Repairs Annual Contract Auto Body Repairs Demolition Services – Mt. Hermon Church, 2245 W. Bunche Park Dr. 4. Issued 130 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 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 5/25/10 Behar Construction NSP 1301 NW 190th Street $68,960.00 6/3/10 Delcons NSP 17951 NW 6th Place $59,990.00 29 Page 165 of 187 FLEET SERVICES (David Motola) 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 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 Check Sheets (Ongoing) o Weekly check sheets are still being received from Building & Code, CIP, Parks & Recreation, School Crossing Guard and Public Works. o Yearly PD Calibrations a) Fleet Representative and Sgt. Brown ensured that all police vehicles requiring speedometer inspections were performed. o Hurricane Preparedness o Fleet Manager and Fleet Representative attended the Hurricane Prep. Meeting o K9 Units – Concerns with Hot and Pop Canine protection system; revised parts currently being installed for evaluation. o New Equipment 30 Page 166 of 187 o CAT Backhoe Loaders – 2 units were received and placed in service on 6/08/2010 for the Public Works Dept. o Decals – 5/21/10, Decals installed on city vehicles for Parks’ Recreation and Maintenance Divisions and Public Works. Fleet Administrator inspected remaining city vehicles and worked with graphics vendor for additional decals for units. Decals are currently in production for SCG, IT & PW Heavy Equipment. o New Vehicles -All units received and placed in service less Code Enforcement and PD Investigation Van. They are scheduled to be put in service in late June. o Surplus Vehicles – Fleet Manager met with Department Heads to identify units with low utilization to sell as surplus, turn in process should be complete by the mid July. o Vehicle Inspections -Fleet Staff and Kathy from HR inspected Code Enforcement and Building Department vehicles, 6/4/10. o Collision Repair – Continue to work closely with vendors, Risk management, and user department to provide prompt collision repairs within departmental policy and procedures. o Tire Repair /Road Side Assistance – An inventory of used /temporary tires have been placed in inventory and used on an as needed basis. Signs posted to designate tire and wheel applications. o Warranty Repairs – Check service repair invoices against vehicle warranty to insure proper billing for services. 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. 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. scheduled car wash detail appointments and window tinting services for various departments. o Fleet Admin attended monthly Forum meeting with Deputy City Manager. o Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. 31 Page 167 of 187 o Performed daily and weekly inspections for all city departments’ vehicles and equipment. o Replaced spot light bulbs and missing hubcaps on Patrol cars. o Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. o Monthly start up and check City Hall and Parks standby generators. o Fleet Admin. processed invoices received from vendors regarding parts, service, and maintenance on vehicles and equipment. o Fleet Admin. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. o Community Service Fleet Staff spoke at Career Day at Myrtle Elementary, May 13, 2010, the class did a drawing competition and a winner was announced June 7, 2010. INFORMATION TECHNOLOGY (Ronald McKenzie) 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 􀂃 Completed our first class in the Senior Computer Literacy Program. Gardimyr Pierre served as instructor for all 6 sessions. We were able to graduate 9 Senior Citizen students. They all have basic computer and typing skills and said they feel much more comfortable using a computer for basic functions. The program will resume with some modifications again in September. We are also looking into partnering with one of the high schools to allow the children to get community service credit for teaching or helping in the class and work towards our goal of bridging the generational divide. We have over 80 seniors on the list for future computer training. 􀂃 Completed Database for Code Enforcement Officers to use while in the field. Database allows them to print reports and forms in the field and become more efficient. Code Management has decided that this is a better way of doing 32 Page 168 of 187 business since the connection to EDEN is slow. Although completed the software has not been deployed to all Code Officers yet. We are still working with Code to make sure that the reports are properly formatted. 􀂃 Met with DCM to discuss IT budget for the department and for the city. Streamlined spending and came up with a solution for matching the needs for the city. 􀂃 Shaped the ‘Our Promise” document into a card sized hand out. Worked with DCM to make sure wording and spacing was correct. Sent specs to Brianna for mass purchase for employees. 􀂃 Met 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 not 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. 􀂃 Participated in a group site visit with the PD Command Vehicle Renovation Team. We went to Homestead to see the City of Homestead’s Command vehicle and learn best practices for renovating and improving our command vehicle. The visit was tremendously educational and inspiring. The entire team left with ways to provide better functionality to the Miami Gardens Police Department in the event of a disaster and various ways to improve our Command Vehicle. We have scheduled two more site visits with two other cities so that we can see what ‘success looks like” and create a master plan based on budget and functionality, to improve our command vehicle. 􀂃 Continued deployment of new replacement laptops for Police Department Officers. We have received the next 25 computers and mounts for rollout. We will be rolling them out next week. We have deployed 50 and have 50 more to go. 􀂃 Completed labeling, scanning and inventorying all IT assets city wide to include PD, CH and Parks. IT created a database for collecting and keeping track of the information. 􀂃 Working diligently to improve our EDEN software in the city. Tyler came on site to conduct training. The training was poorly attended, but those that attended received valuable information to help with their setup. Bldg and Public Works had 33 Page 169 of 187 􀂃 Worked with the DCM to come up with a better plan for improving EDEN. We decided to add an additional week to the proposed 4 week plan. This we was specifically designed to address the many reports and forms that are needed by the departments. The DCM came up with an idea to train staff on Crystal Reports (just the software) to give them a better foundation on the software, before Tyler came back to teach how Crystal integrates with EDEN. This proved to be tremendously successful and was well received by all staff that attended. We brought in New Horizon to do the training, (which was attended by Bldg Services, Code Enforcement, Public Works, Planning and Zoning, Finance, Procurement and IT). We designed the class so that the Crystal Report training from Tyler would follow immediately. The result is that we started the class with only about 4 people in the city that were intermediate or better with using Crystal Reports, we now have over 15 people that are intermediate or better! 􀂃 Continued work in support of Miami Gardens Community Center project. Completed working with Access Limited to connect the security system from MGCC to PD. The cameras are all set up and can be monitored from PD. We are working on the access card readers and intrusion detection devices. 􀂃 Completed working with Cross to add a part to the phone system for overhead paging in MGCC. Worked with the A/V vendor to integrate the phone system with the A/V system We now have overhead paging installed and operating at the MGCC. 􀂃 Ordered the computer equipment for MGCC and the outside phone circuit. Currently calls can be made and received but the numbers have to be a number from the PD or CH campus. 􀂃 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. 34 Page 170 of 187 􀂃 Continued deploying new AT&T aircards to PD officers. Will continue slow rollout until aircards have been divided into a 50/50 split between AT&T and Verizon. 􀂃 Performed a site visit to U and Me Moving and Storage. This is a company that Palm Beach County uses to store their backup tapes. The site was adequate. Worked with Procurement to piggy back on the palm Beach county contract. We now have a contract for storing our backup tapes off site. The first load of tapes will be picked up on Friday 6/18. 􀂃 Working on RFQ for the virtualization project. We expect to have that completed and out by end of June. 􀂃 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. 􀂃 Began interviewing for Web Master Position. Hope to give out an offer letter in the next two weeks. 􀂃 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. Our old service provider Segutronics is no longer in the business of providing maintenance on the system. IT is looking into finding another maintenance provider to maintain the system until we can afford to get a better one. 􀂃 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 attending CCDA training in May. 􀂃 Ron and Ricardo scheduled to attend FLGISA annual conference in July. 35 Page 171 of 187 PUBLIC WORKS DEPARTMENT (TOM RUIZ, DIRECTOR) 1. Staff continues to clean and maintain bus bench areas throughout the City. This month we had two cans replaced that had been burnt, NW 191st Street and 27th Court and NW 207th Street and 27th Avenue. Both were replaced with new can and liner. 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. The many trees that have been planted since last month have grown in even more. It gives our City a more cared for appearance. 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 sidewalks but also roadways, edge of roads, potholes and sinkholes to insure the safety of our residents, those who are visiting or just passing through. 4. Staff continues to trim and prune trees citywide, especially during the upcoming hurricane season. 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 in those areas. 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. On June 9, 2010 the City of Miami Gardens Council awarded the contract to Florida Engineering in the amount of $168,507.36. The project consists on drainage improvements in the Bunche Park Neighborhood Revitalization Area and will cover NW 161Street from NW 26 Avenue to West Bunche Park DR and NW 162 Street from NW 26 Avenue to NW 162 Street Road. 7. General Asphalt has completed the replacement of damaged sidewalks and ADA ramps for Project C (LAP Roadway Improvements ARRA). 5,565 linear feet of damaged sidewalk were replaced replaced along NW 199 Street and NW 191 Street from NW 27 Ave to NW 47 Ave. 8. The City of Miami Gardens received $100,000 from the Florida Department of Environmental Protection for drainage improvements. The project consists in 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. On June 9, 2010 the City of Miami Gardens Council awarded the contract to Rock Power Paving in the amount of $91,732.90. 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 36 Page 172 of 187 from NW 19 Avenue to NW 21 Avenue and NW 191 Terrace to NW 195 Street. For this project the amount $131,096 was received from SFWDM and the City will match it with $218,904. On June 1, 2010 Staff meet with City’s Consultant Chen and Associated to discuss the proposal for design phase of the project. 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. On June 1, 2010 Staff meet with City’s Consultant Chen and Associated to discuss the proposal for design phase of the project. 11. On May 22, 2010, Straightline Engineering completed 981 LF of sidewalk replacement as part of the Capital Improvement Project in the Carol City area between NW 173rd Street and NW 170th Street from NW 47th Avenue to NW 42nd Avenue. The CIP sidewalk replacement project for 2010 has been completed with a total of 3211 LF of sidewalk replacement. 12. Public Works issued 22 permits of which 13 for driveways and sidewalk, 6 for utilities, one for paving and drainage and 2 for banners. 13. With our new Stormwater GIS setup, to date, we have reviewed and/or analyzed 11 commercial properties, and determined that a total of 1,175 ERU‘s (Equivalent Residential Units) were not being billed due to the information originally received by the County when the Stormwater Utility was turned over to the City. The missing amounts are equivalent to $4,700 monthly, $14,100 quarterly, or $56,400 yearly. These properties will also be back charged. Staff will continue to assess the rest of the commercial properties to check the ERU’s. 14. On May 22, 2010, Straightline Engineering completed 981 LF (Approx. 196 flags) of sidewalk replacement as part of the Capital Improvement Project in the Carol City area between NW 173rd Street and NW 170th Street from NW 47th Avenue to NW 42nd Avenue. 15. The CIP sidewalk replacement project for 2010 has been completed with a total of 3211 LF (Approx. 642 flags) of sidewalk replacement. 16. 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 and FDOT have approved the dry runs and originals will be submitted for permits. FPL is working on the invoice for electrical service. On May 11, 2010 Bid Documents were sent to Procurement for their review. Waiting for WASD to approve dry run. 17. Staff attended the CTST (Community Traffic Safety Committee) on June 7, 2010 18. The NW 7 Avenue Road Improvement Project Plans are in the process of getting completed. The tentative start date is late August. Staff met with three residents that have driveways that will be in conflict with the project. Staff informed residents that City will relocate their driveways at no cost to them. All the residents approved 37 Page 173 of 187 19. On June 4, 2010, staff attended the Miami Dade County Emergency Operations Center Senior Leadership Briefing which covered hurricane preparedness topics. 20. On June 11, 2010, staff organized and attended the Underground Facility Damage Prevention and Safety meeting. 21. On May 18, 2010, the Director and the Procurement Manager attended a FDOT Hurricane meeting/exercise. 22. On May 19, 2010, staff met with the State Inspector General on the ARRA Stimulus Projects. This was a question and answer meeting due to all the documentation that is required for every step of the projects. 23. On the week of May 24, the Director and Floodplain Administrator attended the State Hurricane Conference. 24. On June 2, 2010, staff attended the 2060 Florida Transportation Plan – Sustainability in transportation. 25. Staff attended the Crystal Report Training on June 4 and June 7, 2010. 26. On June 4, 2010, staff attended the Senior Leadership Briefing at the Miami-Dade Fire Rescue Headquarters' Auditorium. Topics discussed were: 2010 Hurricane Season Outlook, Community Based and Non-Profit Organizations Roles Pre -Post Disaster, and FEMA & State of Florida Preparedness Efforts. 27. On June 8, 2010, staff attended a teleconferencing for the Red Light Running Camera Video. Since it was passed by the State, the meeting was to let all agencies know that there will be guidelines coming down from the State. Keep Miami Gardens Beautiful (Tsahai Codner, Director) Grants • Submitted tree planting grant for $10,000 to FDOACS-approved 2009 -2010 In-Class Environmental Education Program Completed • Provided one hour environmental Ed. outreach to 3rd and 4th grade classes in the city. • Reached 16 of the cities 18 elementary school. City’s New Recycling Program • Ten of the parks after-school facilities are using the recycling bins. Free removal provided by our sponsored partners at Waste Management Inc. 38 Page 174 of 187 • Businesses, community organizations and schools who currently have recycling pickups can receive a free recycling bin from the city Great American Cleanup 2010 • June Summer Beautification Award • reviewing nomination forms Earth Day Art contest • Working with city’s Storm Water division to outreach to local schools.-completed Landscape Maintenance • This month 346 trees were installed along residential neighborhoods. Cassias, Dahoon Holly, Yellow Poinciana and Pink Tabs. • Getting quotes to have 15 donated royal palms removed from tree farm, delivered and installed in city’s right of way. • Crews working to replace died plant materials along landscaped areas. 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 • 2060 Florida Transportation Plan – Sustainability • Green Print Municipal Meeting • Keep America Beautiful Florida Affiliate annual meeting ASSISTANT CITY MANAGER (Daniel Rosemond) On Vacation REREATION DEPARTMENT (Kara Petty, Director) Recreation Division Shining Stars After-School: The children were engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. This month they participated in an inter-park kickball tournament and a voluntary fishing program. • Bennett M. Lifter Park: sixteen (16) participants 39 Page 175 of 187 • Brentwood Park: thirty-eight (38) participants • Myrtle Grove Park: eighteen (18) participants • Rolling Oaks Park: forty (40) participants • A.J. King Park: twenty-seven (27) participants • Buccaneer Park: Eighteen (18) participants • Miami Carol City Park: thirty-one (31) participants • Vista Verde Park: four (4) participants/nine (9) 4H participants/twelve (12) teens • Bunche Park: fourteen (14) participants • Norwood Park: thirty-six (36) participants • Scott Park: thirty-five (35) participants Seniors Program: May 18: Over 140 seniors came out and enjoyed themselves for a fun filled day at Miami Carol City Park. Senior day took place from 10am-2pm and was catered by Adams Catering. May 24: Meeting held with Daniel Rosemond, Kara Petty, Carl Williams, and the senior representatives individually to discuss concerns and issues for Senior Program. May 26: A tour of the Senior Center was taken with Carl Williams, Daniel Rosemond and Kara Petty. This meeting was conducted to view the condition of the site and move forward with the planning of its use. Senior Program is now on recess from June 1, 2010 till September 6, 2010 for summer camp programming. Kids Day Off: June 10: Brentwood, Myrtle Grove and Rolling Oaks had a fun filled day at the park. Box lunches were provided by Adams Catering (turkey sandwiches, chips, cookies and drinks). June 11: Brentwood, Myrtle Grove and Rolling Oaks had fun filled day at Brentwood Pool. Lunch was provided by Adams Catering (hamburgers, hot dogs baked beans and drinks). Summer Days in the Gardens: Participants are engaged in programming from 7:30am-6pm from June 14th-August 13th. Activities include field trips, swimming, field activities, teachers, chess, and tennis. • A.J. King Park (Cultural Arts camp, ages 8-12): 44 participants (capacity of 80) • Bennett M. Lifter Park (General camp, ages 5-11): 40 participants (full) • Brentwood Park (General camp, ages 5-11): 40 participants (full) 40 Page 176 of 187 • Buccaneer Park (General camp, ages 5-11): 60 participants (full) • Miami Carol City Park (Sports camp, ages 8-12): 80 participants (full) • Myrtle Grove Park (General camp, ages 5-11): 60 participants (full) • Norwood Park (General camp, ages 5-11): 60 participants (full) • Scott Park (General camp, ages 5-11): 60 participants (full) • Vista Verde Park (General camp, ages 5-12): 30 participants (full) A.J. King Park • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. Bennett M. Lifter Park • Line dance continues on Tuesday and Thursday with 15 participants Buccaneer Park • On June 24th over 60 seniors celebrated their end of the season program by enjoying music, games and catered food. • 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 various ages. Bunche Park • Bunche Park Optimist has completed their baseball program. 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. • Reoccurring church rentals on Sunday’s in addition to Cricket being played on the field. Norwood Park • Miami Gardens Express has track practice Monday-Friday. Scott Park 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. • Scott Lake Optimist has track practice Monday – Thursday. • Carol City Sr. High Boys Baseball team is hosting a tournament and games are held on Wednesdays and Saturdays. Vista Verde Park • The teens are provided workshops once a week pertaining to life skills, peer pressures, violence, etc. Also, the teens have an opportunity to join Vista’s book club. There are 12 teens that are engaging in activities. 41 Page 177 of 187 • Vista is a part of 4H which children ages 5-12 participates in the program activities and teens 13-17 to receive community service hours. There are 9 children enrolled in the 4H program. • There are 5 children enrolled in the Drop In program and 5 enrolled in the Homework Helper Assistance program. Recreation Highlights 􀂃 During Senior Day the following awards were given: o Kevin Yearby-Certificate of Appreciation o Lillie Peterson-Certificate of Appreciation o Lashonda McHenry-plaque for “Staying Busy” o Joshua Rhodes-plaque for “Cool Under Pressure” o George Mitchell-plaque for “Most Outstanding Staff” o Deborah Dorsett-plaque for “Most Outstanding Senior Supervisor” 􀂃 The Shining Stars flag football cycle concluded on Wednesday, June 2, 2010. Bennett M. Lifter/Myrtle Grove and Buccaneer retained the Shining Stars Afterschool Sports Trophy by winning their second sport in a row. 􀂃 Touchdown Club trophy’s were presented on May 29, 2010. Parents and participants were very excited about the overall knowledge learned. Athletics 􀂃 Sports Development: Participants ages 5 -11 are taught the fundamentals of sports through fun drills and classroom time. Parents are heavily involved and there are four different cycles throughout the school year: tee-ball, soccer, basketball, and football. Touchdown Football Club at Scott Park: 35 participants • Tennis: Tennis is currently being offered in our After School program as well as a Saturday Tennis Program for kids ages 5-12 at Buccaneer Park. The program is run by an experienced and former college tennis player. Kids learn the fundamentals of strokes, techniques, and rules of tennis. We currently have 16 participants. 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 and they are meeting monthly. JANITORIAL AND LANDSCAPING A J King Park • 7 Janitorial visits to clean up park site • 7 Trash removal Andover Park • 18 Janitorial visits to clean up park site 42 Page 178 of 187 • 1x Grass cut & detailed grounds • 2x Premises blown • 18 Trash removal Bennett M. Lifter Park • 19 Janitorial visits to clean up park site • 1x Grass cut & detailed grounds • 1x Premises blown • 19 Trash removal Brentwood Park & Pool • 19 (park) & 19 (pool) Janitorial visits to clean up park site • 1x Grass cut & 1x detailed grounds (pool) • 1x Herbicide • 2x Grass cut & detailed grounds (park) • 1xTrimmed hedges (pool) • 1x Premises blown (park) • 19 (park) & 19 (pool) Trash removal Buccaneer Park • 19 Janitorial visits to clean up park site • 19 Trash removal Bunche House • 7 Janitorial visits to clean up park site • 2x Grass cut & lay ant bait • 7 Trash removal Bunche Park & Pool • 7 (park) & 7 (pool) janitorial visits to clean up sites • Grass cut & detailed grounds 2x (pool) & 2x (park) • 1x (park) trim hedges • 1x Herbicide (pool) • 7 (park) & 7 (pool) trash removal Cloverleaf Park • 19 Janitorial visits to clean up park site • 1x Grass cut & detailed grounds • 1x Premises blown • 1x Trimmed hedges • 19 Trash removal Miami Gardens Community Center • 12 Janitorial visit to clean up site • 4x Grass cut & detailed grounds • 1x Herbicide & lay ant bait 43 Page 179 of 187 • 2x Premises blown • 12 Trash removal Miami Carol City Park • 19 Janitorial visits to clean up park site • 19 Trash removal Mt. Herman Church • 7 Janitorial visits to clean up park site • 7 Trash removal Myrtle Grove Park • 7 Janitorial visits to clean up park site • 7 Trash removal North Dade Optimist Park • 18 Janitorial visits to clean up park site • 18 Trash removal Norwood Park and Pool • 19 (park) & 19 (pool) Janitorial visits to clean up sites • 2x (park) Premises blown • 14 (park) & 14 (pool) Trash removal Police Department • 1 Janitorial visit to clean up site • 1 Trash removal Rolling Oaks Park • 19 Janitorial visits to clean up park site • 2x Premises blown • 19 Trash removal Scott Park • 7 Janitorial visits to clean up park site • 2x Grass cut & detailed grounds • 1x Herbicide • 7 Trash removal Vista Verde Park • 19 Janitorial visits to clean up park site • 19 Trash removal 􀂾 All park irrigation systems checked and repaired 􀂾 Removed debris from all parks 􀂾 Spot sprayed all park sidewalks 44 44 Page 180 of 187 TRADES Administrative Office • 5/11 Mount dry erase board over file cabinets by side door A.J. King Park • 5/10 Unclogged both outside water fountains • 5/10 Cut off and replaced the master lock on the south entrance gate • 5/10 Replaced the deadbolt on the outside storage room • 5/14 Remove sign in front of building. • 5/16 Repair the water meter • 5/17 Changed a few sprinkler heads • 5/17 Replaced batteries in two clocks • 5/17 Cleaned the graffiti off of the bench • 5/18 Replaced two drawers in the kitchen area • 5/19 Repaired the overflowing urinal • 5/21 Repaired the two inoperable windows in the rec. room • 5/28 Installed concrete pads around the backflow Andover Park • 5/11 Repaired the bench and wooden fence Brentwood Park and Pool • 5/11 Replaced the broken fence (park) 6/14 • 5/17 Laid sod around the building Buccaneer Park • 5/10 Remove trash can from basketball court (need to cut with bolt cutters) • 5/10 Remove front sign with old number on it • 5/11 Replace rusted vent cover in Men's room • 5/11 Repaired the leaking water fountain outside • 5/20 Repaired the a/c to prevent it from blowing hot air Bunche Park • 5/10 Repaired broken lateral line and changed 2 football field valves • 5/17 Flagged the head for the Landscape crew to air rate the football field • 5/17 Removed the old ice machine • 5/21 Repaired the leaking pipe behind the ice machine • 5/26 Mount the playground equipment Cloverleaf Park • 5/11 Repaired a broken wooden fence Betty T. Ferguson Recreational Complex • 5/27 Removed the fencing for the construction of the bleachers Miami Carol City Park 45 Page 181 of 187 • 5/18 Repaired a main line break • 5/21 Flagged the heads on the football field and baseball field Myrtle Grove Park & Pool • 5/10 Changed broken sprinkler heads (park) 6/14 • 5/11 Mount benches and lifeguard stand to pool deck • 5/13 Repair broken swing on playground (park) • 5/13 Repaired the wall in the ladies room (park) • 5/21 Replaced the green garbage can door (park) North Dade Park • 5/11 Repaired the wooden fence • 5/26 Repaired the wooden fence Norwood Park & Pool • 5/10 Replace bulbs in boys and girls room (pool) • 5/12 Replace bulbs in girls restroom (park) • 5/26 Mount the playground swing (park) Rolling Oaks • 5/7 Repaired the toddler swing • 5/10 Unclogged the restroom on the inside of the building • 5/10 Repaired the table located underneath the pavilion Scott Park • 5/12 Replaced light bulbs in the teen building • 5/19 Changed damaged sprinkler heads • 5/20 Ran an irrigation system in the earth day garden in front of the teen building • 5/20 Installed new a/c on the south side of the teen building • 5/21 Ran a second irrigation system into the other garden • 5/21 Repaired the a/c in the teen building 179th Street/17th Avenue • 5/10 Repaired a stop sign that was down Recreation Trainings 􀂃 Summer Orientation: There were 61 Recreational Staff in attendance at the summer orientation held at Scott Park. Staffs had the opportunity to engage in several workshops as they prepared for the Summer Days in the Gardens Program. Current Projects 􀂾 Park Audits: Director has continued park audits to determine efficiency and areas of improvement. 46 Page 182 of 187 􀂾 Youth Sports: Department continues to evolve the new City of Miami Gardens Youth Sports Program. This includes logistics, marketing, website, info line, etc. 􀂾 Miami Gardens Community Center: The Community Center Manager continues to work on gathering all FF&E items, develop the Policy & Procedures Manual for the Community Center as well as the Standard Operating Procedures and programming that will be set at the Community Center. Security has been at the Community Center (beginning February 27th) through the evening to prevent vandalism as well as use of the track. 􀂾 Norwood Pool renovation: The Aquatic Facilities Manager has worked closely with Capital Improvements to ensure the project is completed. PLANNING & ZONING (Jay Marder, Director) LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Jay Marder, Bhairvi Pandya, Nixon Lebrun, Marilu Gunness • LDR amendments -Coordinate LDR amendments with concerned property owners. Prepare amendments for first reading at the July 7, 2010 Council Zoning meeting.. • Meetings with industrial park property owner -Hold on-site meetings with industrial park owner to discuss new LDR landscape requirements for consideration and evaluation with recommendations for amendments. Also held discussions by telephone. • Implementation of new applications for new procedures. • Held two (2) training sessions for Code Compliance on new LDR regulations and civil violation tables • Created new Landscape Plan Approval application for single family residential use. • Created Interim Landscape Manual based on Miami-Dade Landscape Manual. PLANNING – Jay Marder, Bhairvi Pandya • Capital Improvements Element Update in compliance – Website updates completed for Capital Improvements Element. Copies to be distributed to departments in the near future. • School Interlocal Agreement (ILA) Amendment -Agenda information item prepared. Awaiting Director’s directive to submit agenda item and present to City Council. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o Process and finalize the Florida Memorial University rezoning application for the July 7, 2010 meeting. Provided draft recommendation to Applicant o Prepare council memo, executive summary, and amendments for LDRs for first reading at July 7, 2010 Council meeting. 47 Page 183 of 187 o Finalize and present ALC Charter School recommendation and Declaration of Restrictive Covenants for June Zoning Council Meeting. Follow-up meeting for proposed charter technical school in Miami Gardens Shopping Center. o Follow up meeting with Florida Memorial University for proposed new dormitory building and rezoning to Planned Development. o Processed application for Charter School requiring waiver of outdoor area. • Plats o Continued coordination of ROW vacation for Miami Gardens Community Center Plat, including finalizing no objections letter from ATT and other utility companies. This involved travel to utility providers’ offices. o Research new City Hall site platting status for bid package information. • Substantial Compliance o Complete Majorca Isles Tract ‘C’ o Complete Majorca Isles Tract ‘I’ • Building/Code Compliance o Reviewed 40 Building Permits o Reviewed 61 Certificates of Use o Conducted 20 Zoning (Building) Inspections o VIP Parking: Denied CU for off-site parking lot serving King of Diamonds in unincorporated area • Sign Code Permits o 3 sign plans processed. o 5 Temporary sign permit processed. • Zoning Verification Letters o 6 processed. • Group Homes o 3 Group Homes (Community Residential Home) 1,000’ radius verification letters. • New LDRs/Code Enforcement o Finalize comprehensive civil violation table for Code Compliance for LDR provisions. o Prepared training and permitted use materials with new section references. o Held two (2) training sessions for new LDRs. Addressed questions and concerns and responded to questions on interpretation and using the LDRs. • Meetings o FMU Dorms: Three (3) meetings with development groups for the proposed FMU dormitory development plans. o Old Hospital: Follow-up discussion and response to letter from attorney for platting and redevelopment of old hospital building. o ALF: Meeting for potential ALF developer. o New City Hall: Finalize zoning bid information for Capital Improvements to prepare City Hall bid package. o Andover Guardhouse and Roundabouts: Met with DR Horton, PW, and CM to coordinate MOT for construction of the new 207th Guardhouse. o Batteries Plus and Palmetto Plaza/57th Avenue: Met with new tenant. EDEN – Marilu Gunness, Bhairvi Pandya 48 Page 184 of 187 • IT to consider submittal of RFP to Tyler for Parcel Refresh. IT to forward decision whether address import/export should be conducted with one record at a time (out of approx. 30,000 records) or to plan another course of action. • Attended Crystal Reports Training with Jacqueline Gardener. Created reports as follows: 1. Monthly activity -summary report 2. Monthly activity report – general report 3. Monthly activity -fee report 4. Group home -details report 5. Missing folios report (per permit entered by other departments). Finalizing of reports ongoing. GIS – Bhairvi Pandya • City Zoning Map: Cleaning-up and editing map and database for accuracyongoing. • Group Home Maps -Completed 2 group home maps with a 1,000 ft. radius. • Florida Memorial University Public Hearing-3 maps: Created Mailed Notice Radius map and corresponding property owners listing, zoning map and aerial map for public hearing. Website updates: Continuous communication and meetings with IT to address departmental updates on website. City City maps web page update completed for PDF map download. Planning/Master Plans page connectivity restored. Planning and Zoning website formatted and typos removed. Department Standard Operating Procedures/SOPs and Customer Information Materials for LDRs – Bhairvi Pandya to coordinate with P&Z staff on updating all departmental SOPs. Communications are ongoing with staff members regarding their respective SOP’s. • Completed draft SOPs and flowcharts on the following: 1. Zoning Verification Letter (VL) 2. Address Assignment (AA) 3. Group Home Verification Letter (GH) • Completed draft Customer flowcharts on the following: 1. Zoning Verification Letter (VL) 2. Address Assignment (AA) 3. Group Home Verification Letter (GH) • Began creating color coded customer informational brochures on all Zoning Districts and their general requirements. First draft created for all zoning districts. Departmental review ongoing. COMPLETE COUNT CENSUS CAMPAIGN – Jay Marder with Antranette Pierre and Anthony Jackson of Marome Agency 1. Representative Oscar Braynon’s Town Hall Forum – At Opa locka City Hall; presented the City’s Census Campaign. 2. Final Report of Census Campaign -Under preparation; to be provided to City Council at second meeting of June. 49 Page 185 of 187 3. Lake Lucerne Area – Connected local census bureau office with Lake Lucerne neighborhood association for follow-up in hard to count apartment areas of this neighborhood. OTHER • Jay: Represented City at Snake Creek Trail I-95 Overpass Feasibility Study Meeting • Jay: Participated in FDOT’s 2060 Transportation Planning – Horizon 2060 • Marilu: Monthly Communication Forum • Marilu: Safety Committee Meeting • Bhairvi-Attended monthly Miami-Dade Planners Technical Committee (PTC) Meeting. • Bhairvi -Attended monthly MPO Transportation Planning Council Meeting. • Bhairvi: Attended Crystal Report Training from June 8 through June 11, 2010. 50 Page 186 of 187 51 Page 187 of 187