HomeMy WebLinkAboutMarch 10, 2010 Complete Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: March 10, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: April 28,
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 – February 24, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled
from Consent Agenda at this time) March 10, 2010 Page 1 Page 1 of 75
Regular City Council Agenda March 10, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Bratton – Miss Miami Gardens 2010 F-2) Councilwoman Pritchett -Proclamation
-Girl Scouts of America Day F-3) Proclamation – March Proclaimed as Purchasing Month F-4) Chief Boyd -Police Department Monthly Report F-5) Dr. Danny O. Crew, City Manager – Census Activity
Report (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO ELECTIONS, CALLING THE 2010 GENERAL
AND SPECIAL ELECTIONS FOR THE CITY COUNCIL SEATS 2, 4, 6 AND PROPOSED CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR RUNOFF ELECTION, IF NECESSARY;
PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN AN EFFECTIVE DATE.(SPONSORED BY THE CITY CLERK) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None Page 2 of 75
Regular City Council Agenda March 10, 2010 Page 3 (J-1) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE MAYOR AARON CAMPBELL
JR’S APPOINTMENT OF AMELIA HOPKINS TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF WINIFRED MCKENDRICK, WHICH EXPIRES FEBRUARY 3, 2012; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE
MAYOR AARON CAMPBELL JR’S APPOINTMENT OF DANNY JOHNSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF MARGIE LANKFORD, WHICH EXPIRES FEBRUARY 5, 2011; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
RATIFYING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF JOSE ANDINO TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO YEAR TERM ENDING MARCH 10, 2012 ; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN LOCALLY-FUNDED AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(“FDOT”), ATTACHED HERETO AS EXHIBIT “A” AND THAT CERTAIN MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THAT CERTAIN MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR
STAMPED SIDEWALKS, PEDESTRIAN CROSSWALKS, AND DECORATIVE PAVERS AT STATE ROAD 7 FROM NORTHWEST 176TH STREET TO NORTHWEST 215TH STREET, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “B”
AND THAT CERTAIN Page 3 of 75
Regular City Council Agenda March 10, 2010 Page 4 MEMORANDUM OF AGREEMENT A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “C”, AUTHORIZING THE CITY MANAGER TO EXPEND THE SUM OF SEVEN HUNDRED
AND SIXTY-TWO THOUSAND, SIX HUNDRED AND TWELEVE DOLLARS ($762,612.00) FOR THE PROJECT; PROVIDING FROM INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO
L3 COMMUNICATIONS MOBILE-VISION, INC. IN THE AMOUNT OF SEVENTY-FIVE THOUSAND, SEVEN HUNDRED THIRTYFIVE DOLLARS (75,735.00) FOR THE PURCHASE OF MOBILE VISION IN-CAR DIGITAL VIDEO RECORDING
SYSTEMS; AUTHORIZING A WAIVER OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED
BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS ECONOMIC DEVELOPMENT LEGISLATION TO ASSIST
HAITI IN REBUILDING, BY CREATING A PROGRAM THAT INCLUDES LONG-TERM COMMITMENTS TO PURCHASE PRODUCTS FROM HAITI; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.(SPONSORED BY MAYOR SHIRLEY GIBSON) (K-1) RESOLUTION(S) None (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (N) REPORTS OF MAYOR AND COUNCIL MEMBERS N-1) Selection of Evaluation
Format to be used for City Manager’s Evaluation (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT Page 4 of 75
Regular City Council Agenda March 10, 2010 Page 5 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 75
Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 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: General Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name
Ronetta Ta City Clerk ylor, MMC Department: Office of the City Clerk Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO ELECTIONS, CALLING
THE 2010 GENERAL AND SPECIAL ELECTIONS FOR THE CITY COUNCIL SEATS 2, 4, 6, AND PROPOSED CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR RUNOFF ELECTION,
IF NECESSARY; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The attached ordinance calls for the General Election
for the City of Miami Gardens to take place on August 24, 2010, at which a Council member for Residential Area Seat 2 will be elected for a four (4) year term; a Council member for residential
Area Seat 4, will be elected for a four (4) year term, and a Council member for at‐large seat 6, will be elected for a four (4) year term. Also at that election certain questions will
be presented to the voters for approval. The Ordinance also provides for the closing of the election books (registered voters) to take place July 26, 2010. The qualifying dates for candidates
will begin Tuesday, June 1, 2010 and end Tuesday June 8 2010, at 4:00 p.m. sharp! ITEM H-1) ORDINANCE FIRST READING Calling the 2010 General & Special Election Page 6 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A Run‐Off Election, if necessary will take place Tuesday, November 2, 2010. Recommendation: That the City Council
adopts the attached ordinance calling the City of Miami Gardens’ General Election for Tuesday, August 24, 2010, with second reading and public hearing scheduled for March 24, 2010. Recommendation:
That the City Council approves the ordinance calling the City of Miami Gardens General Election for Tuesday, August 24, 2010. Attachment: Attachment A : City of Miami Gardens Polling
Places Attachment B: Sample Ballot Page 7 of 75
Ordinance No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
RELATING TO ELECTIONS, CALLING THE 2010 GENERAL AND SPECIAL ELECTIONS FOR THE CITY COUNCIL SEATS 2, 4, 6, AND PROPOSED CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;
PROVIDING FOR RUNOFF ELECTION, IF NECESSARY; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 5, Article V, of the City
Of Miami Gardens’ Charter provides that a general election shall be held in each even-numbered year, on the day of the first state primary election, or if none is held in any such year,
on the first Tuesday, following the second Monday in September, and WHEREAS, Section Section 8.5(5), Article VIII, of the City of Miami Gardens’ Charter provides for the transition and
the initial election of the City Council, and WHEREAS, a State-wide Election will take place on August 24, 2010, and WHEREAS, state law requires election books to close thirty (30) days
prior to the election, which is July 26, 2010, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA: SECTION 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. ELECTION: The 2010 General and
Special Elections for the City of Miami Gardens will be held on Tuesday, August 24, 2010. On that date, one council Page 1 Page 8 of 75
Ordinance No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 member representing residential area seat two (2), will be elected to serve for a four (4) year term; one council
member representing residential area seat four (4), will be elected to serve for a four (4) year term; and one council member representing at-large seat six (6), will be elected to serve
a four (4) year term; as well as any proposed Charter amendments. SECTION 3. RUNOFF ELECTION. The 2010 Runoff Election, if necessary for the City of Miami Gardens will be held on Tuesday,
November 2, 2010. SECTION 4. QUALIFYING: The qualifying period for the election shall open Tuesday, June 1, 2010, at 9:00 a.m., and close precisely at 4:00 p.m., on Tuesday, June 8,
2010. Candidates shall qualify at the Office of the City Clerk, 1515 NW 167th Street, Building 5, Suite 200, City of Miami Gardens, Florida 33169 SECTION 5. POLLING PLACES: Voting shall
be conducted at locations listed on Exhibit “A”. All polls shall open precisely at 7:00 a.m., and close precisely at 7:00 p.m. SECTION 6. OFFICIAL BALLOT: The official ballot for the
2010 Election is in substantial form as the Ballot annexed to this ordinance as Exhibit “B”. SECTION 7. VOTER REGISTRATION: The election books shall close Monday, July 26, 2010.. SECTION
8. NOTIFICATION: The City Clerk shall publish notice of such general election once a week for four consecutive weeks next preceding the general election in a newspaper of general circulation
in Miami Gardens. The notice shall contain the date, time, and place of the general election and identify the Council Seats to be voted for. Page 9 of 75
Ordinance No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION 8. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby
repealed. SECTION 10. 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 11. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE ______ DAY OF MARCH, 2010. ADOPTED AND
PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ____ DAY OF MARCH, 2010 __________________________________ SHIRLEY GIBSON, MAYOR ATTEST: ___________________
______________ RONETTA TAYLOR, MMC, CITY CLERK Reviewed by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Ronetta Taylor, MMC, City Clerk MOVED BY:_____________________ VOTE: _____
32 Mayor Shirley Gibson (Yes) ___(No) 33 Vice Mayor Aaron Campbell (Yes) ___(No) Page 10 of 75
Ordinance No. 1 Councilman Melvin L. Bratton (Yes) ___(No) 2 Councilman Oliver Gilbert, III (Yes) ___(No) 3 Councilwoman Barbara Watson (Yes) ___(No) 4 Councilwoman Sharon Pritchett
(Yes) ___(No) 5 Councilman André Williams (Yes) ___(No) Page 11 of 75
Page 12 of 75
EXHIBIT “B” ELECTION BALLOT CITY OF MIAMI GARDENS GENERAL ELECTION August 24, 2010 Electors shall cast one vote for each available seat, with a maximum of one vote per candidate. A)
RESIDENTIAL AREA SEAT TWO (2), RESIDENTIAL AREA SEAT FOUR (4) AND AT‐LARGE SEAT SIX (6) (Vote for one candidate in each category) COUNCIL MEMBER RESIDENTIAL AREA SEAT TWO (2): (Candidate
Names) COUNCIL MEMBER RESIDENTIAL AREA SEAT FOUR (4): (Candidate Names) COUNCIL MEMBER AT‐LARGE SEAT SIX (6): (Candidate Names) B) CHARTER AMENDMENT QUESTIONS: Page 13 of 75
City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Procurement Division Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami
Gardens Purchasing Ordinance 2005‐10‐48, adopted February 9, 2005, does not address procedures for for debarring businesses that default on a contract, violate ethical standards, or
refuse to enter into a contract with the City. Businesses that do not conduct themselves with responsible and ethical practices can jeopardize the integrity of the City’s procurement
process and potentially expose city projects to time delays additional monetary costs. The proposed ordinance defines and establishes the causes, effect and procedures for the debarment
of businesses. ITEM H-2) ORDINANCE FIRST READING Establishing Debarment Procedures Page 14 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: The City Council approve the proposed ordinance amendment to Ordinance 2005‐10‐48 to include Article
III Debarment Procedures. Attachment: None. Page 15 of 75
1 ORDINANCE No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48,
AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens desires to conduct business with contractors who operate with
the highest level of integrity, and WHEREAS, it is necessary to amend Ordinance No. 2005-10-48 to establish debarment procedures to protect the City from engaging in business relations
with dishonest, unethical, or otherwise irresponsible contractors, and WHEREAS, the establishment of debarment procedures will prevent fraud, waste and abuse of City resources, and NOW
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AMENDMENT: Ordinance No. 2005-10-48 is hereby amended to create include Article
III establishing debarment procedures as follows: 26 ARTICLE III: DEBARMENT PROCEDURES 27 28 Section 25: Purpose. Page 16 of 75
The purpose of this Article is to protect the City from risks associated with awarding contracts to persons or firms having exhibited an inability or unwillingness to fulfill contractual
requirements, and to protect the City’s interests and the integrity of the procurement process by preventing contractors who have displayed improper conduct from engaging in business
with the City for specific periods of time. The policies outlined in this Article are not intended to be punitive in nature. Instead, the City will seek other legal recourse, if necessary
to enforce contractual obligations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 26: Definitions. For
purposes of Article III, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this Article, except where the context clearly
indicates a different meaning: (1) “Debarment” is the act of excluding a vendor from city contracting and city approved contracting. (2) “Conviction” means a judgment or conviction of
a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon by a verdict or a plea, and includes a conviction entered upon a plea
of nolo contendere. (3) “Civil judgment” means a judgment or finding of a civil offense by any court of competent jurisdiction. Section 27: Causes for Debarment. The City Manager shall
debar a person or entity from city procurement for cause. The debarment period shall be for a period of not less than two (2) years and no more than five (5) years. Causes for debarment
include: (1) Conviction of a criminal offense or civil judgment as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance
of such contract or subcontract; (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property,
or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a city contractor; (3) Conviction
under state or federal antitrust statutes arising out of the submission of bids or proposals; (4) Violation of contract provisions which are regarded by the City Manager to be so serious
as to justify debarment action. Such actions include: Page 17 of 75
(a) Deliberate failure, without good cause, to perform in accordance with the specifications or within the time limit provided in the contract; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) A record of failure to perform, or of unsatisfactory performance in accordance with the
terms of one or more contracts; (c) The untimely and unwarranted withdrawal of a bid or response to ITB or RFP; (d) Becoming insolvent or being declared bankrupt; (e) Any misrepresentation
in connection with a solicitation or any misrepresentation of fact upon which the City has based a decision on awarding a bid; (5) Violation of the ethical standards contained in this
Code; (6) Debarment by another governmental entity for any cause listed in this Code; and (7) Any other cause the City Manager determines to be serious and compelling as to affect responsibility
as a city contractor. Section 28: Effect of Debarment. (1) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from, award contracts
to, or consent to subcontracts with these contractors, unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the City Council.
Debarred contractors are also excluded from conducting business with the city as agents, representatives, subcontractors or partners of other contractors. (2) Debarred contractors are
excluded from acting as individual sureties. Section 29: List of Debarred Contractors. The City Manager, or his or her designee, shall compile and maintain a current, consolidated list
of all contractors debarred by the City. Such list shall be public record and shall be available for public inspection and dissemination. The list shall include: (1) The names and addresses
of all contractors debarred; (2) The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; (3) The effect of the debarment action;
Page 18 of 75
1 (4) The termination date for each listing; 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 (5) The contractor's certificate of competency
or license number, when applicable; and (6) The qualifier of the contractor, when applicable. Section 30: Decision to Debar. A decision to suspend or debar shall be made after consultation
with the City Attorney. The City Manager, or his or her designee, shall issue a written decision of debarment to the person involved. The decision shall state the reasons for the action
taken and shall include information on the person’s right to appeal. A copy of the decision shall be mailed to the person, which is the subject of debarment. Section 31: Finality of
Decision to Debar. A decision to debar shall be final and conclusive, unless the person debarred files a written notice of appeal to the City Council within ten calendar days after receipt
of the City Manager’s decision. If an appeal is taken, the decision of the City Council shall shall be deemed final and conclusive. An appeal of the decision of the City Council shall
be to the appropriate court in the Eleventh Judicial Circuit, Miami-Dade County, Florida. Section 3. CONFLICT: All ordinances or code provisions in conflict herewith are hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Miami Gardens and that the 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 Page 19 of 75
use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. 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 6. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its final passage. PASSED ON
FIRST READING ON THE 10TH DAY OF MARCH, 2010. PASSED ON SECOND READING ON THE 24TH DAY OF MARCH, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON THE 24TH DAY OF MARCH, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED
BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 35 Mayor Shirley Gibson (Yes) ___(No) 36 Vice Mayor
Aaron Campbell (Yes) ___(No) 37 Councilman Melvin L. Bratton (Yes) ___(No) Page 20 of 75
1 Councilman Oliver Gilbert, III (Yes) ___(No) 2 Councilwoman Barbara Watson (Yes) ___(No) 3 Councilwoman Sharon Pritchett (Yes) ___(No) 4 Councilman André Williams (Yes) ___(No) 5 6
7 8 Page 21 of 75
Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading:
1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Aaron Campbell
Jr. Vice Mayor Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF
AMELIA HOPKINS TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF WINIFRED MCKENDRICK, WHICH EXPIRES FEBRUARY 3, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. . Staff Summary: In accordance with the establishment of the Elderly Affairs Committee, Vice Mayor Aaron Campbell Jr. hereby submits his appointee for membership
in accordance with Ordinance No. 06‐04‐85 as amended by Ordinance No. 2008‐25‐161. Effective upon ratification, the committee will recognize Amelia Hopkins as an appointee of Vice Mayor
Campbell Jr. This appointment fills the unexpired term of Ms. Winifred McKendrick, who resigned December 2009, and will expire February 3, 2012. The appointed members of the Committee
will advise and make recommendations to the City Council with regard to matters pertaining to senior citizens within the City. ITEM J-1) CONSENT AGENDA RESOLUTION Vice Mayor Campbell's
appoint to the Elderly Affairs Advisory Committee Page 22 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: That the City Council approves Vice Mayor Campbell Jr’s appointment of Amelia Hopkins to the Elderly
Affairs Advisory Committee. Attachment: Attachment A : Board/Committee application. Page 23 of 75
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING
VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF AMELIA
HOPKINS TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF WINIFRED MCKENDRICK, WHICH EXPIRES FEBRUARY 3, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. WHEREAS, the City Council has created an Elderly Affairs Advisory Committee, and WHEREAS, the Mayor and each member of the City Council has the right to appoint two
members to the Committee for a two and three year term, respectively, and WHEREAS, Vice Mayor Campbell, is appointing Amelia Hopkins to fill the unexpired term of Winifred McKendrick,
which will expire February 3, 2012, and WHEREAS, it is appropriate for the City Council to ratify Vice Mayor Campbell’s appointment of Amelia Hopkins, 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. RATIFICATION OF APPOINTMENT: The City Council hereby ratifies Vice Mayor Aaron Campbell’s, appointment
of Amelia Hopkins to the Elderly Affairs Advisory Committee until February 3, 2012. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 1
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Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 10, 2010.
ATTEST: _________________________________ SHIRLEY GIBSON, MAYOR _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney
SPONSORED BY: VICE MAYOR AARON CAMPBELL JR. MOVED BY: SECOND BY: VOTE: 22 23 Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Aaron Campbell Jr. ___(Yes) ___(No) 24 Councilwoman Barbara
Watson (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman André Williams __(Yes) ___(No) 27 Councilwoman Sharon Pritchett (Yes) ___(No) 28 29 Councilman Oliver
G. Gilbert III __ (Yes) ___(No) 2 Page 25 of 75
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Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading:
1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Aaron Campbell
Jr, Vice Mayor Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF
DANNY JOHNSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF MARGIE LANKFORD, WHICH EXPIRES FEBRUARY 5, 2011; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE Staff Summary: In accordance with the establishment of the Elderly Affairs Advisory Committee, Vice Mayor Aaron Campbell Jr. hereby submits his appointee
for membership in accordance with Ordinance No. 06‐04‐85 as amended by 2008‐25‐161. Effective upon ratification, the committee will recognize Danny Johnson as an appointee of Vice Mayor
Aaron Campbell Jr. This appointment fills the unexpired term of Danny Johnson, who missed more than three consecutive unexcused absences. This term will expire February 5, 2011. The
appointed members of the Committee will advise and make recommendations to the City Council with regard to matters pertaining to senior citizens residing in the City. Recommendation:
That the City Council approves Vice Mayor Campbell Jr’s appointment of Danny Johnson to the Elderly Affairs Committee. ITEM J-2) CONSENT AGENDA RESOLUTION Vice Mayor Campbell's appointment
to the Elderly Affairs Advisory Committee Page 28 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A : Board/Committee application. Page 29 of 75
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING
VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF DANNY JOHNSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF MARGIE LANKFORD, WHICH EXPIRES FEBRUARY 5, 2011; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has created an Elderly Affairs Advisory Committee, and WHEREAS, the Mayor and each member
of the City Council has the right to appoint two members to the Committee for a two and three year term, respectively, and WHEREAS, Vice Mayor Campbell, is appointing Danny Johnson to
fill the unexpired term of Margie Lankford, which will expire February 5, 2011, and WHEREAS, it is appropriate for the City Council to confirm Vice Mayor Campbell’s appointment of Danny
Johnson, 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. RATIFICATION OF APPOINTMENT: The City Council hereby ratifies
Vice Mayor Aaron Campbell’s, appointment of Danny Johnson to the Elderly Affairs Advisory Committee until February 5, 2011. Section 3. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its final passage. 1 Page 30 of 75
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 10, 2010.
ATTEST: _________________________________ SHIRLEY GIBSON, MAYOR _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney
SPONSORED BY: VICE MAYOR AARON CAMPBELL JR. MOVED BY: SECOND BY: VOTE: 22 23 Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Aaron Campbell Jr. ___(Yes) ___(No) 24 Councilwoman Barbara
Watson (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman André Williams __(Yes) ___(No) 27 Councilwoman Sharon Pritchett (Yes) ___(No) 28 29 Councilman Oliver
G. Gilbert III __ (Yes) ___(No) 2 Page 31 of 75
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Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading:
1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Aaron Campbell,
Jr., Vice Mayor Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF
JOSE ANDINO TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO YEAR TERM ENDING MARCH 10, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary:
In accordance with the establishment of the Caribbean Affairs Board, Vice Mayor Aaron Campbell, Jr. hereby submits his appointee for membership in accordance with Ordinance No. 2009‐11‐183.
Effective upon ratification, the committee will recognize Jose Andino as an appointee appointee of Vice Mayor Campbell for a two year term. Recommendation: It is recommended that the
City Council approves Vice Mayor Campbell’s appointment of Jose Andino to the Caribbean Affairs Board. Attachment: Attachment A: Board/Committee application ITEM J-3) CONSENT AGENDA
RESOLUTION Vice Mayor Campbell's appointment to the Caribbean Affairs Advisory Committee Page 34 of 75
1 RESOLUTION NO. ____ 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING
VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF JOSE ANDINO TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO YEAR TERM ENDING MARCH 10, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City established a Caribbean Affairs Board in accordance with Ordinance No. 2009-11-183, and WHEREAS, Vice Mayor Aaron Campbell Jr. has appointed
Jose Andino to the Caribbean Affairs Advisory Committee, and WHEREAS, in accordance with Ordinance No. 2009-11-183, it is appropriate for the City Council to ratify the appointment,
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: RATIFICATION OF APPOINTMENT: The City Council hereby ratifies Vice Mayor
Campbell’s appointment of Jose Andino to the Caribbean Affairs Committee for a two-year term. 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 MARCH 10, 2010. ___________________________________ SHIRLEY GIBSON, MAYOR
Page 35 of 75
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: _______________________________ RONETTA TAYLOR, MMC, CITY CLERK Reviewed by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY:
Vice Mayor Aaron Campbell Jr. Moved by: __________________ VOTE: _________ 18 Mayor Shirley Gibson ____ (Yes) ____(No) 19 Vice Mayor Aaron Campbell Jr. ____ (Yes) ____(No) 20 Councilman
Melvin L. Bratton ____(Yes) ____(No) 21 Councilwoman Barbara Watson ____ (Yes) ____(No) 22 Councilman Andre’ Williams ____(Yes) ____(No) 23 Councilwoman Sharon Pritchett ____ (Yes) ____(No)
24 Councilman Oliver Gilbert ____ (Yes) ____(No) 25 26 27 28 29 Page 36 of 75
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 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: Capital Improvement Fund Advertising Requirement: (Enter X in box)
Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: Public Works Short Title: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN LOCALLY-FUNDED AGREEMENT BETWEEN THE CITY
OF MIAMI GARDENS AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”), ATTACHED HERETO AS EXHIBIT “A” AND THAT CERTAIN MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS
AND THAT CERTAIN MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR STAMPED SIDEWALKS, PEDESTRIAN CROSSWALKS, AND DECORATIVE PAVERS AT STATE ROAD 7 FROM NORTHWEST 176TH STREET TO NORTHWEST
215TH STREET, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “B” AND THAT MEMORANDUM OF AGREEMENT A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “C”, AUTHORIZING THE CITY MANAGER TO EXPEND
THE SUM OF SEVEN HUNDRED AND SIXTY-TWO THOUSAND, SIX HUNDRED AND TWELEVE DOLLARS ($762,612.00) FOR THE PROJECT; PROVIDING FROM INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. ITEM J-4) CONSENT AGENDA RESOLUTION Agreement w/FDOT Page 39 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: The 2006 livable community corridor study for NW 2 Avenue (441) from the Golden Glades Interchange
to NW 215 Street was approved by Council on December 2008, Resolution No. 2008‐233‐921. Based on the findings the need to replace missing and broken sidewalks was listed as a priority.
At this time, staff recommended use stamped colored finish, to mimic the image of pavers, to make the NW 2nd Avenue corridor more aesthetically pleasing. Since this time property owners
such as William Lehman Dealership and South Florida Educational Federal Credit Union have installed new stamped 10 feet concrete sidewalks in front of their properties. Staff continues
to urge developers/owners whose property lies along NW 2nd Avenue to improve their sidewalks using this finishing method. In 2007, FDOT District 6 approached the City with their Road
Resurfacing and Sidewalk Improvement Project No. 418094‐1‐52‐02. The scope of the project is to resurface the road, add missing sidewalks and signalization on NW 2 Avenue from NW 177
Street to NW 215 Street. City staff shared our desired for future improvements of new sidewalks to meet city standards as outlined in the livable community corridor study. The City Council
agreed to dedicate funding in the amount of $672,732 to integrate stamped concrete finish of the sidewalks and asphalt crosswalks to the FDOT project via Resolution 2008‐233‐921. After
the 65% of the design completion, city staff noticed that the median tips along NW 2nd Avenue were going to require reconstruction as well. Staff requested an estimate from FDOT to include
paver bricks on the median tips as part of FDOT planned improvements. The cost for FDOT to install these paver upgrades would be $89,880. Proposed Action: It is recommended that City
Council approve the attached Resolution authorizing the City Manager to negotiate and execute the FDOT agreements (Locally Funded Agreement, FDOT Maintenance Memorandum of Agreement,
and FDOT Memorandum of Agreement) for the sum of $762,612. Attachments: Exhibit A: FDOT Locally Funded Agreement Exhibit B: Maintenance Memorandum of Agreement E xhibit C: Memorandum
of Agreement Page 40 of 75
1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN LOCALLY-FUNDED AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION (“FDOT”), ATTACHED HERETO AS EXHIBIT “A” AND THAT CERTAIN MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THAT CERTAIN MAINTENANCE MEMORANDUM OF AGREEMENT
WITH FDOT FOR STAMPED SIDEWALKS, PEDESTRIAN CROSSWALKS, AND DECORATIVE PAVERS AT STATE ROAD 7 FROM NORTHWEST 176TH STREET TO NORTHWEST 215TH STREET, A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT “B” AND THAT CERTAIN MEMORANDUM OF AGREEMENT A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “C”, AUTHORIZING THE CITY MANAGER TO EXPEND THE SUM OF SEVEN HUNDRED AND SIXTY-TWO
THOUSAND, SIX HUNDRED AND TWELEVE DOLLARS ($762,612.00) FOR THE PROJECT; PROVIDING FROM INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. WHEREAS, City Staff completed a Corridor Livable Community Study for Norwest 2nd Avenue (441) from the Golden Glades Interchange to Northwest 215 Street with funding assistance
from the Florida Department of Transportation (“FDOT”), and WHEREAS, the purpose of the study was to select data and assess existing conditions relating to transit, pedestrian, bicycles,
traffic, land use, and to identify alternatives where improvements need to be made, and WHEREAS, one of the recommendations in the study was the use of stamped concrete to make the corridor
more aesthetically pleasing, and Page 41 of 75
WHEREAS, the FDOT recommended undergoing improvements in the area in accordance with their Road Resurfacing and Sidewalk Improvement Project, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 WHEREAS, the City would partner with FDOT to use available City funding to install decorative brick pavers on median tips along Northwest 2nd Avenue, from Northwest
177th Street to Northwest 215th Street, and WHEREAS, the total cost to the City for the Project is Seven Hundred and Sixty-Two Thousand, Six Hundred and Twelve Dollars ($762,612.00),
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 and directs the City Manager and City Clerk to negotiate, execute and attest, respectively, that certain locally-funded Agreement between the City of Miami Gardens and the
State of Florida Department of Transportation (“FDOT”) attached hereto as Exhibit “A” and that certain Maintenance Memorandum of Agreement between the City of Miami Gardens with FDOT,
a copy of which is attached hereto as Exhibit “B” and that certain Memorandum of Agreement attached hereto as Exhibit “C” and authorizing the City Manager to expend the sum of Seven
Hundred and Sixty-Two Thousand, Six Hundred and Twelve Dollars ($762,612.00) for the Project. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain
two (2) fully executed copies of the subject Agreement with the Page 42 of 75
Florida Department of Transportation, with one to be maintained by the City, and one to be delivered to the Florida Department of Transportation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 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 MARCH 10, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR,
MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 31 Mayor Shirley Gibson (Yes)
___(No) 32 Vice Mayor Aaron Campbell (Yes) ___(No) 33 Councilman Melvin L. Bratton (Yes) ___(No) 34 Councilman Oliver Gilbert, III (Yes) ___(No) 35 Councilwoman Barbara Watson (Yes)
___(No) 36 Councilwoman Sharon Pritchett (Yes) ___(No) 37 Councilman André Williams (Yes) ___(No) Page Page 43 of 75
Page 1 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter ‘Agreement’) is made and entered into this ___ day of _______________, 20__, between the CITY OF MIAMI GARDENS, a municipal corporation of
the State of Florida, hereinafter called ‘CITY’, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter called the ‘DEPARTMENT’.
RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.) 7/NW 2nd Avenue corridor within the corporate limits of the CITY; and WHEREAS, the CITY has requested
the DEPARTMENT to install decorative pavers in the median, stamped concrete sidewalks, and stamped asphalt pedestrian crosswalks along S.R. 7/NW 2nd Avenue from NW 176th Street to 1250
feet south of NW 215th Street; and WHEREAS, the DEPARTMENT has agreed to install decorative pavers pavers in the median, stamped concrete sidewalks, and stamped asphalt pedestrian crosswalks
along S.R. 7/NW 2nd Avenue from NW 176th Street to 1250 feet south of NW 215th Street, subject to the terms and conditions detailed in this Agreement; and WHEREAS, the DEPARTMENT and
the CITY find it mutually beneficial to allow the CITY to fund the increased costs, under Financial Project Number 418094-1-52-02, associated with installing decorative pavers in the
median, stamped concrete sidewalks, and stamped asphalt pedestrian crosswalks along S.R. 7/NW 2nd Avenue from NW 176th Street to 1250 feet south of NW 215th Street, hereinafter collectively
called the ‘PROJECT’, and as detailed in the attached Exhibit “A”, “Scope of Services”, which is herein incorporated by reference; and Page 44 of 75
Page 2 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 WHEREAS, the parties are
authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes (F.S.), and authorize its officers to do so; NOW, THEREFORE, in consideration
of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements. (a) A true and correct copy
of the Resolution of the CITY Commission approving this Agreement is attached hereto as Exhibit “C”, ‘CITY OF MIAMI GARDENS RESOLUTION’, and is incorporated herein by reference and made
part hereof. (b) The DEPARTMENT will administer and construct the PROJECT in accordance with the PROJECT plans and the attached Exhibit “A”, ‘Scope of Services’. The DEPARTMENT will
complete the PROJECT utilizing funds provided by the CITY. (c) The CITY will provide funding to the DEPARTMENT in the aggregate amount of SEVEN HUNDRED SIXTY TWO THOUSAND SIX HUNDRED
TWELVE DOLLARS ($762,612.00) for the PROJECT, per the Financial Provisions detailed in Section 3 of this Agreement, and as outlined in the attachment Exhibit “B”, “Financial Summary”,
which is herein incorporated by reference. (d) Upon the receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, the DEPARTMENT Contractor
will commence work on the PROJECT. Page 45 of 75
Page 3 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 (e) The DEPARTMENT Contractor
may not commence work on the PROJECT until the CITY funding for the PROJECT is on deposit with the DEPARTMENT. 3. Financial Provisions. (a) The CITY agrees that it will, at least fourteen
(14) calendar days prior to the DEPARTMENT’s advertising the PROJECT for bid, furnish the DEPARTMENT an advance deposit in the amount of SEVEN HUNDRED SIXTY TWO THOUSAND SIX HUNDRED
TWELVE DOLLARS ($762,612.00) for full payment of the estimated PROJECT cost for Locally Funded Project Number 418094-1-52-02. The DEPARTMENT may utilize this deposit for payment of the
costs of the PROJECT. (b) If the accepted bid amount is in excess of the advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification
from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount. The DEPARTMENT will notify the CITY as soon as
it becomes apparent the accepted bid amount is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation
to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted
to and approved by the DEPARTMENT’s PROJECT manager indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT,
and additional costs may be incurred due to a delay of the PROJECT. In the event the bid amount exceeds ten percent (10%) of the advance deposit amount, Page 46 of 75
Page 4 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 the City shall reserve the
right to either amend the Scope of Services to decrease the area of the stamped concrete, or to provide the additional deposit. (c) If the accepted bid amount plus allowances is less
than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the CITY’s share of total PROJECT costs, the CITY will be notified by the DEPARTMENT accordingly, and shall
be provided with detailed information as to any increases. The CITY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that
cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. In no event shall project modifications or changes exceed ten percent (10%) of the total project
costs, including the advance and additional deposit amounts. The DEPARTMENT shall notify the CITY as soon as it becomes apparent actual costs will overrun the award amount. However,
failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation during the PROJECT and on final accounting as provided
herein below. Funds due from the CITY during the PROJECT not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established
pursuant to Section 55.03, F.S. (e) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three
hundred and sixty (360) days of final payment to the Contractor. The DEPARTMENT considers Page 47 of 75
Page 5 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 the PROJECT complete when
the final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of
the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost. Both parties agree that in the event the final accounting
of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the CITY. If the final
accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. However, the City’s obligation to pay any final sums is contingent
upon the City receiving a final accounting. (f) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the CITY will pay the additional
amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on
any invoice not paid within forty (40) calendar days until the invoice is paid. (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for
deposit and as provided in the attached Memorandum of Agreement (MOA) between the CITY, DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury. (h)
Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides as follows: Page 48 of 75
Page 6 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 “The Department, during
any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available
for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department
shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year.” 4. Effective Date of this Agreement. This Agreement shall become effective on the date hereof.
5. Provisions Separable. The provisions of this Agreement are independent of
and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid
or unenforceable in whole or in part. 6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of the DEPARTMENT and the CITY, expressed in writing and executed
and delivered by each. 7. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have
been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other other messenger) against receipt or upon actual receipt of registered
or certified mail, postage prepaid, return receipt requested, addressed as set forth below: (a) If to the CITY: City of Miami Gardens 1515 NW 167th Street, Bldg. 5, Suite 200 Miami Gardens,
FL 33169 Attention: Dr. Danny Crew Ph: (305)622-8007 Page 49 of 75
Page 7 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 (b) If to the Department:
Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator Ph: (305)470-5112 Fax: (305)470-5704 Any party
may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of
notice. 8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede
any and all other prior written or oral agreements between them with respect to such subject matter. 9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns. 10. Waiver. Waiver by either party of any breach of of any provision of this Agreement shall not be considered as or constitute a continuing
waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. Captions. The captions contained in this Agreement are inserted only as a matter of convenience
or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. Absence of Third Party Beneficiaries. Nothing in
this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under
or by reason of this Agreement as a third Page 50 of 75
Page 8 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 party beneficiary or otherwise
except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. Other Documents.
The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided
for in this Agreement. 14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of
law principles. Venue for any judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively
in Miami-Dade County, Florida. Page 51 of 75
Page 9 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 IN WITNESS WHEREOF, the
parties hereto have made and executed this Agreement on the day and year first above written, the CITY OF MIAMI GARDENS, signing by and through its City Manager, and the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. CITY OF MIAMI GARDENS: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION:
BY: BY: CITY MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL Page 52 of 75
Page 10 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 EXHIBIT ‘A’ SCOPE OF SERVICES
The DEPARTMENT is installing: • A six (6) foot wide colored stamped concrete sidewalk along the eastside of SR7/NW 2nd Avenue from approximately Station 45+00 to approximately Station
57+50. • Stamped asphalt pedestrian crosswalks along SR7/NW 2nd Avenue from NW 177th Street to just north of 209th Street. • Decorative pavers within the median of S.R. 7/NW 2nd Avenue
south of N.W. 176th Street intersection to approximately 1200 feet south of NW 215th Street. • Replacing existing sidewalk with a stamped concrete sidewalk from approximately Station
57+00 to 67+20. PROJECT LIMITS: S.R. 7/NW 2nd Ave. from NW 176th St. to 1250 ft. south of NW 215th St. DEPARTMENT Financial Project Number: 418094-1-52-02 COUNTY: Miami-Dade DEPARTMENT
Project Manager: Judy Solaun-Gonzalez, P.E. (305)470-5207 CITY Project Manager: Tom Ruiz, (305)622-8048 Page 53 of 75
Page 11 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 EXHIBIT ‘B’ FINANCIAL SUMMARY
The DEPARTMENT’s Work Program allocates the following funding, programmed on Financial Project Number 418094-1-52-02, for PROJECT completion: Fiscal Year: Amount: Fund Type: 2010/2011
$762,612.00 Local Funds (LF) CITY OF MIAMI GARDENS FINANCIAL RESPONSIBILITY: $762,612.00 Page 54 of 75
Page 12 of 12 Locally Funded Agreement between the City of Miami Gardens and the Florida Department of Transportation, Financial Project Number 418094-1-52-02 EXHIBIT ‘C’ CITY OF MIAMI
GARDENS RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 55 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 1 of 6 FLORIDA DEPARTMENT OF TRANSPORTATION STAMPED CONCRETE SIDEWALKS, STAMPED ASPHALT CROSSWALKS AND DECORATIVE PAVERS MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI GARDENS
This AGREEMENT, entered into this day of , 20__, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT,
and the CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida, hereinafter called the CITY. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over State Road (S.R.)
7/NW 2nd Avenue from NW 176th Street to 1250 feet south of NW 215th Street, within the limits of the CITY, as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT
is installing stamped concrete sidewalks, stamped asphalt pedestrian crosswalks and decorative pavers on S.R. 7 in accordance with DEPARTMENT Contract # C-8P99 the limits of which, hereinafter
PROJECT LIMITS, are described in the attached Exhibit ‘A’, which by reference hereto shall become a part hereof; and WHEREAS, the DEPARTMENT and the CITY are both committed to improving
the aesthetics within the PROJECT LIMITS; and WHEREAS, the CITY has requested the DEPARTMENT to install stamped concrete sidewalks, stamped asphalt pedestrian crosswalks and decorative
pavers, at various intersections within the PROJECT LIMITS, and the DEPARTMENT is willing to do so subject to the terms and conditions contained herein; and WHEREAS, the CITY, by Resolution
No.__________, dated ____________, attached hereto as Exhibit ‘B’, which by reference hereto shall become a part hereof, desires to enter into this AGREEMENT and authorizes its officers
to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. DEPARTMENT RESPONSIBILITIES 1.1. Assignment
Page 56 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 2 of 6 The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to the stamped concrete sidewalks, stamped asphalt pedestrian
crosswalks and decorative pavers on various locations within the PROJECT LIMITS will be assigned to the CITY in perpetuity. 2. CITY’S MAINTENANCE RESPONSIBILITIES The CITY shall be solely
responsible for the maintenance and preservation of the stamped surfaces and decorative pavers on all locations within the PROJECT LIMITS. 2.1. LITTER REMOVAL 2.1.1. Promptly and regularly
remove all litter from the stamped and paved surfaces. 2.2. STAMPED SURFACES AND DECORATIVE PAVERS 2.2.1. Maintain and make repairs to the stamped surfaces and decorative pavers to prevent
safety hazards for those using or intending to use the pedestrian crossings. 2.2.2. Sweep the decorative pavers, and stamped surfaces on pedestrian crosswalks and sidewalks periodically
to keep them free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. 2.2.3. For any routine
repairs or replacement due to noticeable color scarring or surface deterioration of the stamped or paver surfaces, the product authorized installer should be contacted. 3. AMENDMENTS
This AGREEMENT may be amended in writing if mutually agreed to by both parties. 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall
come to the attention of the DEPARTMENT’S DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant
to the terms of this AGREEMENT, said Page 57 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 3 of 6 DISTRICT MAINTENANCE ENGINEER may, at his option, issue a written notice, in care of the CITY MANAGER, to place the CITY on notice regarding its maintenance deficiencies.
Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this
time period, the DEPARTMENT may, at its option, proceed as follows: 4.1. Maintain the stamped concrete sidewalks, stamped asphalt pedestrian crosswalks and decorative pavers declared
deficient with DEPARTMENT and/or independent contractor’s materials, equipment and personnel. The actual cost for such work will be charged to the CITY. 5. NOTICES All notices, requests,
demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail,
return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue,
Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To the CITY: City of Miami Gardens 1515 NW 167th Street, Bldg. 5, Suite 200 Miami Gardens, FL 33169 Attention:
City Manager 6. STAMPED CONCRETE SIDEWALKS, STAMPED ASPHALT PEDESTRIAN CROSSWALKS AND DECORATIVE PAVERS INSTALLATION 6.1. It is understood between the parties hereto that the stamped
concrete sidewalks, stamped asphalt pedestrian crosswalks and decorative pavers in various intersections covered by this AGREEMENT may be removed at any time in the future, as found
necessary by the DEPARTMENT, in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT.
All costs associated with such activities will be solely at the expense of the DEPARTMENT. 7. TERMINATION Page 58 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 4 of 6 This AGREEMENT is subject to termination under any one of the following conditions: 7.1. In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT shall
reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the
CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. 7.2. Only if mutually agreed to by both parties with a six (6) month written
notice. 8. TERMS 8.1. The terms of this AGREEMENT shall only commence upon execution by all parties and after the CITY receives the Notice To Proceed letter from the DEPARTMENT. This
AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7. 8.2. This writing embodies the entire AGREEMENT and understanding between the parties hereto and
there are not other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8.3. This AGREEMENT is
nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. 8.4. This AGREEMENT, regardless of where executed, shall be governed by and
constructed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written.
CITY OF MIAMI GARDENS: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY:_____________________ BY:________________________ City Manager District Secretary ATTEST:__________________ ATTEST:___________
_________ Page 59 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 5 of 6 City Clerk Executive Secretary LEGAL REVIEW: BY:_______________________ BY:_______________________ City Attorney District Chief Counsel EXHIBIT ‘A’ PROJECT LIMITS Below are
the limits of the stamped concrete sidewalks, stamped asphalt pedestrian crosswalks and decorative pavers to be maintained under this AGREEMENT. State Road Number: 7 (NW 2nd Avenue)
Agreement Limits: From NW 176th Street to 1250 feet south of NW 215th Street County: Miami-Dade Page 60 of 75
Stamped Concrete Sidewalks, Stamped Asphalt Crosswalks and Decorative Pavers Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Gardens
Page 6 of 6 EXHIBIT ‘B’ CITY OF MIAMI GARDENS RESOLUTION To be herein incorporated once ratified by the City of Miami Gardens Board of Commissioners. Page 61 of 75
MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ________, day of _________, 20__, by and between the State of Florida, Department of Transportation, hereinafter referred
to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and City of Miami Gardens hereinafter referred to as the "Participant". WITNESSETH WHEREAS,
"FDOT" is currently constructing the following project: Financial Project Number: 418094-1-52-02 County: Miami-Dade hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant
entered into a Locally Funded Agreement dated ________________, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the
parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the
work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following:
1. An initial deposit in the amount of $762,612.000 (SEVEN HUNDRED SIXTY TWO THOUSAND SIX HUNDRED TWELVE DOLLARS) will be made by the Participant into an interest bearing escrow account
established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management
on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover
the cost of additional work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and
mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation OOC-GOA, LFA Section 605 Suwannee Street, MS MS 42B
Tallahassee, Florida 32399 Page 62 of 75
4. The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize
withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the
project as defined in the LFA. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Department of Financial Services
further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY
PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER Page 63 of 75
City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 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: FY 09 Equipment Bond/General ices Fun t Serv Flee d Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #:
NA X Sponsor Name Dr. Danny O. Crew, City Manager Department: Police 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 L3 COMMUNICATIONS MOBILE-VISION, INC. IN THE AMOUNT OF SEVENTY-FIVE THOUSAND, SEVEN HUNDRED THIRTY-FIVE DOLLARS (75,735.00) FOR THE PURCHASE OF MOBILE VISION
IN-CAR DIGITAL VIDEO RECORDING SYSTEMS; AUTHORIZING A WAIVER OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary Background On June 27, 2007, the City Council adopted Resolution No. 2007-98-605, which authorized the issuance of a purchase order in the
amount of $656,151.20, relying on the Arizona Department of Public Safety Bid #SVV070013-A2, to L3 Communications Mobile-Vision, Inc., for the Police Department’s in car mobile digital
recording system. With the increase in the number of officers ITEM J-5) CONSENT AGENDA RESOLUTION P.O. to L3 Communications Mobile-Vision Inc. Page 64 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 in the Department, specifically the Community Enrichment Team, there is a need to purchase 14 additional digital
recording units and accessories for the newly purchased vehicles. The cost of the additional mobile digital recording systems and accessories is $75,735.00. While this price is consistent
with the Arizona Department of Public Safety Bid; the attached resolution is requesting that the City Council waive the purchasing requirements, because the L3 Communications System
is a proprietary purchase, the city has already invested in the system, and it is currently in place across the Police Department fleet. The new equipment is designed to work seamlessly
with the existing system. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to issue a purchase order to L3 Communications for the purchase
of Mobile Vision in-car Digital Video Recording systems in an amount of $75,735.00 and waiving the competitive bidding requirements. Attachment: Attachment A: L3 Communications Quote
Page 65 of 75
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 L3 COMMUNICATIONS MOBILE-VISION, INC. IN THE AMOUNT OF SEVENTY-FIVE THOUSAND, SEVEN HUNDRED THIRTY-FIVE DOLLARS (75,735.00) FOR THE PURCHASE
OF MOBILE VISION IN-CAR DIGITAL VIDEO RECORDING SYSTEMS; AUTHORIZING A WAIVER OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 27, 2007, the City Council adopted Resolution No. 2007-98-605, which authorized the issuance of a purchase order in the
amount of Six Hundred Fifty-Six Thousand, One Hundred Fifty-One Dollars and 20/100 Cents ($656,151.20) to L3 Communications Mobile-Vision, Inc. based upon a Arizona Department of Public
Safety Bid, and WHEREAS, due to an increase in the number of police officers on the Community Enrichment Team, fourteen (14) additional digital recording units and accessories are needed,
and WHEREAS, the cost of the additional mobile digital recording systems and accessories is Seventy-Five Thousand, Seven Hundred Thirty-Five Dollars ($75,735.00), and WHEREAS, City Staff
is requesting that the City Council waive the competitive bidding requirements of the City’s Purchasing Ordinance, as the price is consistent with the Arizona Department of Public Safety
Bid, and the mobile digital recording system is already being utilized throughout the Miami Gardens Police Department’s fleet, 1 Page 66 of 75
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 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 L3 Communications Mobile-Vision, Inc. in the amount
of Seventy-Five Thousand, Seven Hundred Thirty-Five Dollars ($75,735.00) for the purchase of mobile vision in-car digital video recording systems for the Miami Gardens Police Department.
The City Council further waives the competitive bidding requirements of its Purchasing Ordinance for this purchase. 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 MARCH 10, 2010. _________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2 Page 67 of 75
3 1 2 3 4 5 6 7 8 9 10 11 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Aaron Campbell, Jr. (Yes)
___(No) 14 Councilman Melvin L. Bratton (Yes) ___(No) 15 Councilman Oliver Gilbert, III (Yes) ___(No) 16 Councilwoman Barbara Watson (Yes) ___(No) 17 Councilwoman Sharon Pritchett (Yes)
___(No) 18 Councilman André Williams (Yes) ___(No) 19 20 21 Page 68 of 75
Page 69 of 75
City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 10, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Mayor Shirley Gibson Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, URGING THE UNITED STATES CONGRESS TO ADOPT ECONOMIC DEVELOPMENT LEGISLATION TO ASSIST HAITI IN REBUILDING, BY CREATING A PROGRAM THAT INCLUDES LONGTERM COMMITMENTS TO PURCHASE
PRODUCTS FROM HAITI; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK PROVIDING FOR INSTRUCTIONS TO THE CITY’S FEDERAL LOBBYIST; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Staff Summary: Approximately eight weeks ago, a 7.0 magnitude earthquake that resulted in the death of several thousand people struck Haiti. Two years ago during the
hurricane season, Haiti was hit with four deadly storms. Located 710 miles from South Florida, this small country in the Caribbean is the poorest country in the Western Hemisphere. Prior
to the natural disasters that have hit the country, Haiti‘s per capita gross domestic product was forty percent lower than that of the next poorest country, Nicaragua. Stimulating the
economy by establishing programs that offer long‐term commitments would benefit the people of Haiti. The costs to produce and manufacture goods in the country would be cheaper, but still
ITEM J-6) CONSENT AGENDA RESOLUTION Urging Economic Development Assistance Legislation to Haiti Page 70 of 75
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 provide jobs and an income for the working people. Providing a way for them to earn a living and be self‐supportive
will not only raise the state of the economy, but also their standard of living. Proposed Action: Mayor Shirley Gibson is requesting that City Council urge the United States Congress
to adopt economic development legislation to assist Haiti in rebuilding, by creating a program that includes long‐term commitments to purchase products from Haiti. Attachment: None Page
71 of 75
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE UNITED
STATES CONGRESS TO ADOPT ECONOMIC DEVELOPMENT LEGISLATION TO ASSIST HAITI IN REBUILDING, BY CREATING A PROGRAM THAT INCLUDES LONG-TERM COMMITMENTS TO PURCHASE PRODUCTS FROM HAITI; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR INSTRUCTIONS TO THE CITY’S FEDERAL LOBBYIST; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on
January 12, 2010, a devastating earthquake hit the Republic of Haiti, and WHEREAS, more than three million people, a third of Haiti’s population, have been affected by the earthquake,
including hundreds of thousands of deaths and injuries, and WHEREAS, the earthquake is the latest in a series of events that have impacted Haiti in recent years, including four (4) deadly
storms that struck Haiti in 2008, and WHEREAS, even before the earthquake, Haiti was the poorest country in the Western Hemisphere even though it is located only 710 miles from the Miami
area, and WHEREAS, prior to the earthquake, Haiti’s per capita gross domestic product was forty percent (40%) lower than that of Nicaragua, which is the Western Hemisphere’s next poorest
county, and WHEREAS, in the wake of the earthquake, Haiti is now in desperate need of economic development assistance from the United States, and 1 Page 72 of 75
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, Congress can help to stimulate economic development in Haiti through a program that establishes long-term commitments
to purchase products from Haiti that could be produced in large job-intensive factories, and WHEREAS, such a program would provide the incentives, stability and certainty needed to encourage
businesses to establish locations in Haiti, as there would be a ready market for products made in Haiti, and WHEREAS, such a program will create jobs for Haitian citizens that can lead
to a stable economy in Haiti, 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. RECOMMENDATIONS TO THE UNITED STATES CONGRESS: The City of Miami Gardens urges the United States Congress to adopt
economic development legislation to assist Haiti in rebuilding by creating a program that includes long-term commitments to purchase products from Haiti that can be produced in large
job-intensive factories which will attract businesses to locate in Haiti and stimulate economic growth. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby directed to
transmit a certified copy of this Resolution to the members of the Miami-Dade Congressional Delegation. 2 Page 73 of 75
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 4. DIRECTIONS TO THE FEDERAL LOBBYISTS FOR THE CITY OF MIAMI GARDENS: The City
of Miami Gardens advocates for the legislation set forth in Section 1 above, and authorizes and directs that the 2010 Federal Legislative Package be amended to include this item. Section
5. 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 MARCH 10, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS,
ESQ., CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON MOVED BY:_____________________ VOTE: _____ 36 Mayor Shirley Gibson (Yes) ___(No) 37 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No)
38 Councilman Melvin L. Bratton (Yes) ___(No) 3 Page 74 of 75
4 1 Councilman Oliver Gilbert, III (Yes) ___(No) 2 Councilwoman Barbara Watson (Yes) ___(No) 3 Councilwoman Sharon Pritchett (Yes) ___(No) 4 Councilman André Williams (Yes) ___(No) 5
6 7 Page 75 of 75