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HomeMy WebLinkAboutJuly 22, 2015 City Council AgendaRegular City Council Agenda July 22, 2015 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 22, 2015 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: September 9, 2015 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Felicia Robinson Councilman Rodney Harris Councilwoman Lisa C. Davis Councilman David Williams Jr. Councilwoman Lillie Q. Odom Councilman Erhabor Ighodaro, Ph.D. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time 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 – July 8, 2015 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman David Williams Jr. – Special Recognition - Ric Powell F-2) Councilman David Williams Jr. Special Recognition – Michele Mordica Page 1 of 189 Regular City Council Agenda July 22, 2015 Page 2 (G) PUBLIC COMMENTS (2 minutes each) (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE SICKLE CELL DISEASE ASSOCIATION OF AMERICA, MIAMI-DADE COUNTY CHAPTER 36TH ANNUAL SICKLE CELL RUN/WALK AWARENESS EVENT, SEPTEMBER 26, 2015, AT THE BETTY T. FERGUSON RECREATION COMPLEX TO SUPPORT CHILDREN AND FAMILIES IMPACTED BY THE SICKLE CELL DISEASE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (COUNCILWOMAN LISA C. DAVIS) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO SUBMIT AN APPLICATION FOR MEMBERSHIP, ON BEHALF OF THE CITY, TO SISTER CITIES INTERNATIONAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (COUNCILMAN ERHABOR IGHODARO) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE PROGRESSIVE YOUNG ADULT ADVISORY COMMITTEE (MGPYA) TO PARTNER WITH FLORIDA MEMORIAL AND ST. THOMAS UNIVERSITIES TO ASSIST IN FAMILIARIZING THE INCOMING FRESHMEN CLASS WITH THE PROGRAMS AND SERVICES OFFERED BY THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 2 of 189 Regular City Council Agenda July 22, 2015 Page 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN EASEMENT AGREEMENT WITH 202 TERRACE, INC. FOR DRAINAGE, A COPY OF WHICH IS ATTACHED HERE TO AS EXHIBIT “A”; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT FOR A PROPERTY GENERALLY LOCATED AT NW 165 STREET BETWEEN NW 41 AVENUE AND NW 42 AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS NEEDED BASIS, TO FLEET TIRE TRUCK AND AUTO, AUTONATION FORD MIAMI AND LEHMAN BUICK GMC, LLC FOR PREVENTIVE MAINTENANCE AND REPAIR OF THE CITY’S FLEET OF VEHICLES, IN AN AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO DJ AUTO COLLISION CENTER, INC., MASTERS PAINT & BODY SHOP, INC., AND WORLD MOTOR CORPORATION, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR AUTO REPAIR SERVICES OF THE CITY’S FLEET OF VEHICLES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THE AGREEMENT WITH IMPERIAL ELECTRIC & LIGHTING SUPPLY, INC. AND ELECTRICAL CONTRACTING SERVICE, INC. FOR SECURITY AND SPORTS LIGHTING Page 3 of 189 Regular City Council Agenda July 22, 2015 Page 4 SYSTEM MAINTENANCE; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO CENTURY INDUSTRIES, INC. FOR PORTABLE MOBILE STAGES; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, THAT CERTAIN AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF TWO HUNDRED TWELVE THOUSAND, TWO HUNDRED FIFTY-FOUR DOLLARS ($212,254.00) FOR THIS PURPOSE; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-10) 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 AMENDMENT TO INTERLOCAL AGREEMENT NO. 3 BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY FOR AN EXTENSION OF THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND (GOB) PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN PROPOSAL SUBMITTED BY CALVIN GIORDANO & ASSOCIATES, INC., ATTACHED HERETO AS EXHIBIT “A,” IN THE AMOUNT OF FIFTY THREE THOUSAND, EIGHT HUNDRED DOLLARS ($53,800.00) TO PREPARE AND EVALUATE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 189 Regular City Council Agenda July 22, 2015 Page 5 K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE ADMINISTRATIVE FEES FOR THE PRE-ARREST DIVERSION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) L -1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2015-16 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT SERVICE MILLAGE RATE APPROVED BY THE ELECTORATE IN APRIL 2014; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE, DEBT SERVICE MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO _________________FOR EXTERNAL AUDIT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) QUASI-JUDICIAL ZONING HEARINGS: (M) ORDINANCES ON FOR FIRST READING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION Page 5 of 189 Regular City Council Agenda July 22, 2015 Page 6 SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DR., INC. FOR A MODIFICATION OF THE DECLARATION OF RESTRICTIVE COVENANTS, AS PROFFERED BY RESOLUTION NO. 2009-177-1123-Z-90, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) 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. 2830, 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) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name: Lisa C. Davis, Council Member Department: Office of the Mayor & City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE SICKLE CELL DISEASE ASSOCIATION OF AMERICA, MIAMI-DADE COUNTY CHAPTER 36TH ANNUAL SICKLE CELL RUN/WALK AWARENESS EVENT, SEPTEMBER 26, 2015, AT THE BETTY T. FERGUSON RECREATION COMPLEX TO SUPPORT CHILDREN AND FAMILIES IMPACTED BY THE SICKLE CELL DISEASE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background: The Sickle Cell Disease Association of America Miami-Dade County Chapter will be holding its 36th Annual Sickle Cell Run/Walk Awareness event, Saturday, September 26, 2015 from 8:00 AM – 1:00 PM, at the Betty T. Ferguson Recreation Complex. Item K-1) Consent Agenda Resolution 36th Annual Sickle Cell Run/Walk Page 7 of 189 Councilwoman Lisa C. Davis supports this organization’s efforts to promote sickle cell awareness and its partnership with the University of Miami Sickle Cell Center as well as the Nicholas Children’s Hospital. Sickle Cell Disease is an inherited, chronic blood disorder that affects approximately 100,000 Americans. Sickle cell disease is inherited from both parents who may be carriers of the sickle cell trait or parents with sickle cell disease. Nationwide, the sickle cell trait is presents in 1 to 12 Africa Americans, 1 in 30 Hispanics and 1 in 500 people with the disease. Sickle cell disease is found in many nationalities including African Americans, Arabs, Greeks, Italians, Latin Americans, and persons from India. The Sickle Cell Disease Association of America Miami-Dade County Chapter supports children and families impacted by Sickle cell disease and sickle cell trait. This organization continues to provide education presentations throughout the Miami-Dade community and the City of Miami Gardens. The Sickle Cell Disease Association of America Miami-Dade County Chapter hosts an annual Christmas toy drive and toy distribution event. Proposed Action: It is recommended that the City Council approve this resolution in support of the Sickle Cell Disease Association of America Miami-Dade County Chapter 36th Annual Sickle Cell Run/Walk Awareness event, September 26, 2015, at the Betty T. Ferguson Recreation Complex. Attachments Page 8 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING THE SICKLE CELL 4 DISEASE ASSOCIATION OF AMERICA, MIAMI-DADE COUNTY 5 CHAPTER 36TH ANNUAL SICKLE CELL RUN/WALK 6 AWARENESS EVENT, SEPTEMBER 26, 2015, AT THE BETTY T. 7 FERGUSON RECREATION COMPLEX TO SUPPORT CHILDREN 8 AND FAMILIES IMPACTED BY THE SICKLE CELL 9 DISEASE;PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Sickle Cell disease is an inherited, chronic blood disorder that 13 affects approximately 100,000 Americans, and 14 WHEREAS, the Sickle Cell Disease Association of America Miami-Dade County 15 Chapter will be holding its 36th Annual Sickle Cell Run/Walk Awareness event on 16 Saturday, September 26, 2015, from 8:00 AM – 1:00 PM, at the Betty T. Ferguson 17 Recreation Complex, and 18 WHEREAS, the Sickle Cell Disease Association of America Miami-Dade County 19 Chapter continues to supports and provide education presentations to children and 20 families throughout the Miami-Dade community and the City of Miami Gardens 21 impacted by Sickle Cell disease and Sickle Cell trait, and 22 WHEREAS, Councilwoman Lisa C. Davis supports this organization’s efforts to 23 promote sickle cell awareness and its partnership with the University of Miami Sickle 24 Cell Center as well as the Nicholas Children’s Hospital, and 25 WHEREAS, it is being recommended that the City Council approve this 26 Resolution in support of the Sickle Cell Disease Association of America Miami-Dade 27 County Chapter 36th Annual Sickle Cell Run/Walk Awareness event, September 26, 28 2015, at the Betty T. Ferguson Recreation Complex, 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31 Page 9 of 189 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33 made a specific part of this Resolution. 34 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35 hereby supports the Sickle Cell Disease Association of America Miami-Dade County 36 Chapter 36th annual Sickle Cell Run/Walk Awareness Event, September 26, 2015, at 37 the Betty T. Ferguson Recreation Complex to support children and families impacted by 38 the Sickle Cell disease. 39 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40 upon its final passage. 41 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 43 44 ___________________________________ 45 OLIVER GILBERT, III, MAYOR 46 47 48 49 ATTEST: 50 51 52 __________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54 55 56 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57 58 59 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 60 61 Moved by: __________________ 62 63 VOTE: _________ 64 65 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66 Page 10 of 189 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 67 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70 Councilman Rodney Harris ____ (Yes) ____ (No) 71 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 72 73 Page 11 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: GENERAL FUND IN THE AMOUNT OF $970.00 Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: (Enter #) x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) x Sponsor Name Erhabor Ighodaro, Councilman Department: Office of the Mayor & City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO SUBMIT AN APPLICATION FOR MEMBERSHIP, ON BEHALF OF THE CITY, TO SISTER CITIES INTERNATIONAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (COUNCILMAN ERHABOR IGHODARO) Staff Summary: Sister Cities International is a non profit member association for U.S. sister cities organizations, its staff provides assistance and expertise to over 500 members, communities to help strengthen their sister city organizations. It shares best practices grants and funding opportunities, assists with protocols and procedures related to sister cities, advocates for sister city organizations and international exchange, Item K-2) Consent Agenda Resolution Sister Cities International Page 12 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 organizes conferences and meetings, publishes a printed and online directory of sister cities, networks its memberships and provides other resources including certificates, discounted travel insurance, visa consultaions, webinars. And toolkits, among other benefits. Sister Cities International supports private citizens, local organizations and municipal officials who conduct exchanges and activities under the umbrella of the sister cities movement. Every day, the sister cities network is strengthen by providing support to its members through programs, grants, services and networking opportunities. Councilman Ighodaro understands the importance of becoming a member of Sister Cities International because of the invaluable resources available to its members, such as: • Sister Cities Newworking: At Sister Cities International the belief that peer to peer learing is vital for student exchange as well as business delegation. • Connect with the Diplomatic Corps: Sister Cities International works closely with the U.S. Department of State and its diplomats as well as foreign embassies in the U.S. to connect with the right officials to get the help and support needed. • Annual Membership Directory: The City of Miami Gardens will be featured in the Annual Direcory, Sister Cities International’s Flagship publication. This listing of member cities and their partnershps is distributed to the entire network, municipal and federal governments, and the diplomatic community. • Cities seeking Cities Program provides its members with dedicated staff assistance and the necessary connections to municipal officials, twinning organizations, and the diplomatic community to help find partner city. Proposed Action: The City Council approve this resolution directing the City Manager to apply for Sister Cities International Membership in the amount of $970.00. Attachment: Exhibit A – Info on Sister Cities International Membership Exhibit B – List of Miami-Dade County Municipalities with Sister Cities Relationships Page 13 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER 4 TO TAKE ANY AND ALL STEPS NECESSARY TO SUBMIT AN 5 APPLICATION FOR MEMBERSHIP, ON BEHALF OF THE CITY, 6 TO SISTER CITIES INTERNATIONAL; PROVIDING FOR THE 7 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. (COUNCILMAN ERHABOR IGHODARO) 9 10 WHEREAS, Sister Cities International is a nonprofit member association for U.S. 11 Sister City Organizations, and 12 WHEREAS, Sister Cities International shares best practices, provides grants and 13 funding opportunities, and promotes an international exchange for its member cities, 14 and 15 WHEREAS, Councilman Erahabor Ighodaro recommends that the City submit an 16 application for membership to join Sister Cities International, 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21 made a specific part of this Resolution. 22 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23 hereby directs the City Manager to take any and all steps necessary to submit an 24 application for membership on behalf of the City to Sister Cities International. 25 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26 upon its final passage. 27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29 30 Page 14 of 189 2 ___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33 34 35 ATTEST: 36 37 38 __________________________________ 39 RONETTA TAYLOR, MMC, CITY CLERK 40 41 42 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43 44 45 SPONSORED BY: COUNCILMAN ERHABOT IGHODARO, PH.D 46 47 Moved by: __________________ 48 49 VOTE: _________ 50 51 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54 Councilman David Williams Jr ____ (Yes) ____ (No) 55 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56 Councilman Rodney Harris ____ (Yes) ____ (No) 57 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 59 Page 15 of 189 Page 16 of 189 Page 17 of 189 Page 18 of 189 Page 19 of 189 Page 20 of 189 LIST OF MIAMI-DADE COUNTY MUNICIPALITIES WITH SISTER CITIES RELATIONSHIPS 1. Bay Harbor Islands -Brazil 2. Coral Gables - France, Canada, Guatemala, Spain, Italy, Ecuador 3. Hialeah- Colombia, Costa Rica, Argentina, Nicaragua 3. Miami - Morocco, Jordan, Colombia, Argentina, Bolivia, Spain, Taiwan, Peru, Spain, Nicaragua, Costa Rica, France, Italy, Haiti, China, Chile, Colombia, Dominican Republic, Bulgaria, Mexico, Brazil, Japan, Israel, Switzerland 4. Miami Lakes – Costa Rica 5. North Miami – Haiti, Israel 6. North Miami Beach -Honduras, Italy, Dominican Republic, Ghana, Haiti Taiwan 7. Sunny Isles Beach – Israel, Taiwan, Italy 8. Sweetwater – Spain, Nicaragua, Dominican Republic 9. West Miami – Nicaragua, Guatemala Page 21 of 189 18605 NW 27th Avenue Miami Gardens, FL 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name: Ronetta Taylor, MMC, City Clerk Department: Office of the City Clerk Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE PROGRESSIVE YOUNG ADULT ADVISORY COMMITTEE (MGPYA) TO PARTNER WITH FLORIDA MEMORIAL AND ST. THOMAS UNIVERSITIES TO ASSIST IN FAMILIARIZING THE INCOMING FRESHMEN CLASS WITH THE PROGRAMS AND SERVICES OFFERED BY THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background: By Ordinance No. 2014-15-326, the City Council created the Miami Gardens Progressive Young Adult Advisory Committee (MGPYA), which is charged with advising and making recommendations to the City Council on issues relating to young adults in the City of Miami Gardens. Item K-3) Consent Agenda Resolution MGPYA Partnership w/FMU & STU Page 22 of 189 18605 NW 27th Avenue Miami Gardens, FL 33056 As outlined in Section 2.88 (2-6)Duties and powers, requires that the Committee, the powers and duties of the Progressive Young Adults Committee shall include, but not be limited to, the following duties, functions, powers and responsibilities: • To carry out the purposes of the Progressive Yung Adult Committee as outlined by the bylaws; • To keep the City Council informed of the issues that affect the City’s young adults; • To give advice to the City Council with respect to issues that affect the City’s young adults; • To recommend social, educational, cultural and recreational activities for young adults and to assist with the implementation of those activities at the direction of the City Council; • To work with the City Council on providing service and leadership opportunities for the young adults of the City. Current Situation: The Progressive Young Adult Advisory Committee is seeking Council’s approval to partner with Florida Memorial and St. Thomas Universities to assist to familiarize the incoming freshmen class with the programs and services offered by the City of Miami Gardens. Proposed Action: It is recommended that the City Council approve this resolution. Attachments A- Miami Gardens Progressive Young Adult Advisory Committee Project Proposal Worksheet Page 23 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE 4 PROGRESSIVE YOUNG ADULT ADVISORY COMMITTEE 5 (MGPYA) TO PARTNER WITH FLORIDA MEMORIAL AND ST. 6 THOMAS UNIVERSITIES TO ASSIST IN FAMILIARIZING THE 7 INCOMING FRESHMEN CLASS WITH THE PROGRAMS AND 8 SERVICES OFFERED BY THE CITY OF MIAMI GARDENS; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, Ordinance No. 2014-15-326, the City Council created the Miami 13 Gardens Progressive Young Adult Advisory Committee (MGPYA), which is charged with 14 advising and making recommendations to the City Council on issues relating to young 15 adults in the City of Miami Gardens, and 16 WHEREAS, as outlined in Section 2.88 (2-6), duties and powers, requires that 17 the Committee’s duties, functions, powers and responsibilities shall include, keeping the 18 City Council informed of the issues that affect the City’s young adults and recommends 19 social, educational, cultural and recreational activities for young adults and to assist with 20 the implementation of those activities at the direction of the City Council, and 21 WHEREAS, the MGPYA works with the City Council on providing service and 22 leadership opportunities for the young adults of the City, and 23 WHEREAS, the MGPYA is seeking Council’s approval to partner with Florida 24 Memorial and St. Thomas Universities to assist the incoming freshmen class with the 25 programs and services offered by the City of Miami Gardens, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. 31 Page 24 of 189 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32 hereby authorizes the Progressive Young Adult Advisory Committee (MGPYA) to 33 partner with Florida Memorial and St. Thomas Universities to assist in familiarize the 34 incoming freshmen class with the programs and services offered by the City of Miami 35 Gardens. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 40 41 ___________________________________ 42 OLIVER GILBERT, III, MAYOR 43 44 45 46 ATTEST: 47 48 49 __________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51 52 53 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54 55 56 SPONSORED BY: RONETTA TAYLOR, MMC, CITY CLERK 57 58 Moved by: __________________ 59 60 VOTE: _________ 61 62 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 64 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65 Councilman David Williams Jr ____ (Yes) ____ (No) 66 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 67 Councilman Rodney Harris ____ (Yes) ____ (No) 68 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69 Page 25 of 189 Page 26 of 189 Page 27 of 189 Page 28 of 189 18605 NW 27 Avenue, Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Goals: X Sponsor Name Cameron Benson, City Manager Department: Development Services / Engineering Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA GRANTING A UTILITY EASEMENT TO 202 TERRACE INC, TO FACILITATE DRAINAGE CONSTRUCTION IN THE DEVELOPMENT OF A RESDIENTIAL AREA WILLOW LAKES TOWNHOMES; WHEREAS THE EASEMENT IS NECESSARY TO CONNECT DRAINAGE FROM THE SOUTHERN END OF THE DEVELOPMENT TO THE NORTH, TRAVERSING NW 202ND TERRACE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Willow Lakes Townhomes owned by 202 Terrace Inc. proposes to develop 10.13 acres of residential area Item K-4) Consent Agenda Resolution Agreement w/ 202 Terrace, Inc. Page 29 of 189 18605 NW 27 Avenue, Miami Gardens, Florida 33056 located at NW 202 Terrace, east of NW 2nd Ave. The proposed Development will feature a 121 unit townhouse rental community, which consists of 17 buildings plus a clubhouse, located along the north and south side of NW 202nd Terrace. The development will create a safe and aesthetically pleasing community along NW 202nd Terrace. The drainage construction consists of a system of exfiltration trenches extending from the south of the site, connecting to the north and discharging to the canal north of the property. To facilitate the drainage connection across NW 202nd Terrace a utility easement is required. Staff has reviewed the agreement for technical and legal sufficiency and recommends granting the easement. A copy of the agreement is attached hereto. Proposed Action: That City Council approves the attached resolution authorizing the City Manager to execute the easement agreement with 202 Terrace Inc. Attachment: Attachment A – Easement Agreement Page 30 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, 5 RESPECTIVELY THAT CERTAIN EASEMENT AGREEMENT 6 WITH 202 TERRACE, INC. FOR DRAINAGE, A COPY OF WHICH 7 IS ATTACHED HERE TO AS EXHIBIT “A”; PROVIDING FOR 8 DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 11 12 WHEREAS, 202 Terrace, Inc., (“202 Terrace”) is constructing Willow Lakes 13 Townhomes on 10.13 acres located at NW 202 Terrace, east of NW 2nd Avenue, and 14 WHEREAS, the proposed development will feature a 121 unit townhouse rental 15 community which will consist of 17 buildings and a clubhouse along the north and south 16 side of Northwest 202 Terrace, and 17 WHEREAS, 202 Terrace propose to install drainage facilities under the roadway, 18 which is owned by the City, and 19 WHEREAS, in order to allow 202 Terrace to construct the drainage facilities on 20 City property, it is necessary for the parties to enter into an Easement Agreement for 21 this purpose, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby authorizes the City Manager and City Clerk to execute and attest, respectively 29 that certain Easement Agreement with 202 Terrace, Inc. for drainage, a copy of which is 30 attached here to as Exhibit “A”. 31 Page 31 of 189 2 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 32 directed to record a fully executed Agreement with the Miami-Dade Clerks of Courts. 33 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 34 upon its final passage. 35 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 36 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 37 38 ___________________________________ 39 OLIVER GILBERT, III, MAYOR 40 41 42 43 ATTEST: 44 45 46 __________________________________ 47 RONETTA TAYLOR, MMC, CITY CLERK 48 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 53 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64 Councilman Rodney Harris ____ (Yes) ____ (No) 65 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66 67 Page 32 of 189 #4213531 v5 33867-0032 1 This Instrument Was Prepared By: Patricia K. Green, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Record and Return To: Patricia K. Green, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 EASEMENT AGREEMENT This Easement Agreement (the “Agreement”) is made and entered into as of the ____ day of _______, 2015 by and between: THE CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida (“Grantor”), having its principal office and place of business at 18605 NW 27th Avenue, Miami Gardens, Florida 33056; and 202 TERRACE, INC., a Florida corporation (“Grantee”), having its principal office and place of business at c/o Landmark Companies, 3050 Biscayne Boulevard, Suite 300, Miami, FL 33137 RECITALS A. Grantor is the owner of the property legally described on Exhibit “A” attached hereto and made a part hereof (the “Easement Area”). B. Grantee is the owner of the property legally described on Exhibit “B” attached hereto and made a part hereof (the “Apartment Property”). C. Grantor and Grantee are sometimes herein collectively referred to as the “Parties” and each, individually, as a “Party”. D. For good and valuable consideration, Grantor has agreed to grant to Grantee as an appurtenance to the Apartment Property, a non-exclusive easement as described herein for the installation, maintenance and repair of drainage and equipment under the surface of the Easement Property and access to the surface of the Easement Area as may be required in order to effect the purposes of the easement herein granted. Page 33 of 189 #4213531 v5 33867-0032 2 AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Drainage Connection Easement. a. Easement. Grantor hereby grants to the Grantee, and its successors and assigns who acquire an interest in the Apartment Property, a perpetual non-exclusive easement over, under, across and through the Easement Area, for above- and below-ground installation, maintenance, repair and replacement of such drainage pipes and equipment as Grantee deems necessary to manage the Apartment Property’s surfacewater runoff, together with an easement over the surface of the Easement Area for access to such drainage pipes and equipment (“Permitted Use”). Grantee does not and shall not (at any time) claim any fee interest or fee estate of any kind or extent whatsoever in the Easement Area. In no event shall Grantee cause any liens or other encumbrances to be placed on Grantor’s fee ownership of the Easement Area. b. Maintenance; Expenses. Grantee shall maintain the surface of the Easement Area in an unobstructed fashion, subject to occasional disturbance of the surface of the Easement Area as may be occasioned by the repair and maintenance of the drainage equipment therein. Grantee shall be responsible for all costs associated with the installation, maintenance and repair of the drainage pipes and equipment installed in the Easement Area, and shall obtain all required permits from the Grantor or other applicable governmental entity in connection with such installation, maintenance and repair. All installation, maintenance and repair shall be performed in compliance with all applicable laws and codes. 3. Reservation. Subject to the rights created herein, Grantor expressly reserves to itself, its successors and assigns the right to use, or to grant to others the right to use by virtue of additional licenses, rights-of-way, reservation or easements, any and all portions of the area upon, above, or under the Easement Area (in Grantor’s reasonable discretion) for any purpose whatsoever not inconsistent with the rights herein granted, including, but not limited to, the right of ingress and egress over and across the Easement Area onto any adjacent or contiguous property; provided, such right does not unreasonably interfere with Grantee’s Permitted Use of the Easement Area pursuant to the terms hereof. 4. Indemnity. Grantee shall defend, indemnify and save the Grantor and its successors and assigns harmless from and against any and all claims for injury or death to persons or damage to or loss to property, including reasonable attorneys' fees and costs, arising out of or alleged to have arisen out of or occasioned by the use and occupancy of the Easement Area by Grantee (and its successors, assigns, employees, contractors, agents, guests and invitees) pursuant to the terms of this Agreement. Page 34 of 189 #4213531 v5 33867-0032 3 5. Insurance. Grantee shall procure and maintain at its sole cost and expense, and shall cause its contractor(s) to procure and maintain at their respective cost and expense throughout the continuance of this Agreement, insurance covering the exercise of the Easements granted in this Agreement of the types and minimum limits of coverage specified below. All insurance shall be procured from reputable insurers who are acceptable to the Grantor and authorized to do business in the State of Florida. i. Grantee shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of Two Million ($2,000,000.00) Dollars, per incident, for personal injury, and One Million ($1,00,000.00) Dollars, per incident, for property damage. ii. Grantee shall also be required to provide and maintain, during the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $2,000,000.00 each occurrence and $500,000.00 combined single limit. iii. Grantee shall provide Grantor with proof that Grantee has any legally required Workers’ Compensation insurance in an amount which satisfies all applicable Florida laws. General liability insurance shall designate the Grantor as an additional insured and Grantee shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. Grantee shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 6. Successors and Assigns. This Agreement shall bind, and the benefit thereof shall inure to, the respective successors and assigns of the Parties. 7. Condition of Easement Area. Grantee acknowledges that it (i) has physically inspected the Easement Area; and (ii) accepts the Easement Area "AS IS" and "WHERE IS" with full knowledge of the conditions thereof and subject to all the terms, conditions, restrictions and limitations applicable thereto. Grantor makes no representations, statements, warranties or agreements to Grantee in connection with this Agreement or the Easement Area, other than as may be set forth herein. Grantee's use of the Easement Area is at its own risk and Grantor shall have no liability or obligation for or with respect to any loss or damage to any of Grantee's improvements within the Easement Area. 8. No Public Dedication. Nothing contained in this Agreement shall, in any way, be deemed or constituted a gift of or dedication of any portion of any lands described herein to the general public or for the benefit of the general public whatsoever, it being the intention of the Parties hereto that this Agreement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. Page 35 of 189 #4213531 v5 33867-0032 4 9. Remedies. Upon a default by any Party hereto the non-defaulting Party shall have any and all remedies available at law or in equity; provided, however, that no Party shall have the right to invoke any equitable remedy which would deny another Party physical access to its property. 10. Breach by Grantee. In addition to the remedies provided in Section 9 above, if Grantee breaches any provision of this Agreement and fails to cure any such breach within thirty (30) days after written notice thereof is given by Grantor (unless, with respect to any such breach the nature of which cannot reasonably be cured within such thirty (30) day period, Grantee commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion), in addition to any other right or remedy available to Grantor at law or in equity, Grantor shall have the right, but not the obligation, to cure any such breach. Grantee shall reimburse Grantor for the cost thereof upon demand, together with interest accruing thereon at an annual rate of interest equal to the lesser of: (i) four percent (4%) above the prime rate of interest announced Wells Fargo Bank, N.A.; or (ii) the highest rate of interest allowable by law, from and after the date of Grantor's expenditure thereof, until Grantor's receipt of full payment therefor. 11. Enforcement. In the event it becomes necessary for any Party including the holder of any mortgage lien to defend or institute legal proceedings as a result of the failure of either Party to comply with the terms, covenants and conditions of this Agreement, the prevailing Party in such litigation shall recover from the other Party all costs and expenses incurred or expended in connection therewith, including, without limitation, reasonable attorneys' fees and costs, at all levels. 12. Amendment. The Parties hereto agree that this Agreement may not be amended, released or terminated without the prior written consent of the holder of any mortgage encumbering the easement estate created hereby. 13. No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so in this Agreement. 14. Interpretation. No provision of this Agreement will be interpreted in favor of, or against, either of the Parties hereto by reason of the extent to which any such Party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single document. 16. Notices. All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to Page 36 of 189 #4213531 v5 33867-0032 5 receive same, and shall be made by United States certified or registered mail, return receipt requested, by nationally recognized overnight courier service such as Federal Express, or by hand delivery, and shall be addressed to the respective Parties at the addresses set forth in the preamble to this Agreement. 17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto relating in any manner to the subject matter of this Agreement. No prior agreement or understanding pertaining to same shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or supplemented except in writing and signed by the Parties hereto. 18. Severability. If any clause or provision of this Agreement is deemed illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the validity of the remainder of this Agreement shall not be affected thereby and shall be legal, valid and enforceable. 19. Venue; Jurisdiction. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions. Further, the Parties agree to avail themselves of and submit to the personal jurisdiction of the Courts of the State of Florida in Miami-Dade County. SIGNATURES APPEAR ON FOLLOWING PAGES Page 37 of 189 #4213531 v5 33867-0032 6 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the date and year first set forth above. Witnesses: GRANTOR: THE CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida Print: By: ______________________________________ Name: Title: Print: Approved as to form and legal sufficiency: By: Sonja Dickens, City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _____ day of ________, 2015, by ____________________ as ________________________ of THE CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida. Personally Known __________ OR Produced Identification __________ Type of Identification Produced:__________________________________ _____________________________________________________ Print or Stamp Name: ___________________________________ Notary Public, State of Florida Commission No.:______________________________________ My Commission Expires:________________________________ Page 38 of 189 #4213531 v5 33867-0032 7 GRANTEE: 202 TERRACE, INC., a Florida corporation Print: By: ______________________________________ Francisco Rojo, Vice President Print: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _____ day of ________, 2015, by Francisco Rojo, as Vice President of 202 TERRACE, INC., a Florida corporation who is personally known to me or has produced ___________________________________, as identification. Type of Identification Produced:__________________________________ _____________________________________________________ Print or Stamp Name: ___________________________________ Notary Public, State of Florida Commission No.:______________________________________ My Commission Expires:________________________________ Page 39 of 189 #4213531 v5 33867-0032 8 Exhibit “A” EASEMENT AREA- LEGAL DESCRIPTION A twenty (20) foot wide Drainage Connection Easement across a portion of N.W. 202nd Terrace, lying directly adjacent to Tracts "B" and "C", BAKERMAN TWO, according to the plat thereof, as recorded in Plat Book 109 at Page 72 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows : Commence at the Northwest corner of said Tract "B", the following two (2) courses being along the Northeasterly line of said Tract "B", also being the Southwesterly right of way line of said N.W. 202nd Terrace; 1) thence S 38°15'00" E for 66.14 feet to a point of curvature; 2) thence Southeasterly along a 353.33 foot radius curve leading to the left through a central angle of 39°35'41" for an arc distance of 244.17 feet to the Point of Beginning of the hereinafter described centerline of a twenty (20) foot wide Drainage Connection Easement, being ten (10) feet on each side of and contiguous with the following described centerline; thence N 05°50'49" E departing said North line of Tract "B" and Southwesterly right of way line of N.W. 202nd Terrace for 70.53 feet to a point on the Northeasterly right of way line of said N.W. 202nd Terrace and the Southwesterly line of said Tract "C", also being the Point of Termination. Page 40 of 189 #4213531 v5 33867-0032 9 Exhibit “B” APARTMENT PROPERTY - LEGAL DESCRIPTION PARCEL 1: Tracts "B" & "C", and Private Lagoon, BAKERMAN TWO, according to the Plat thereof as recorded in Plat Book 109 at Page 72, of the Public Records of Miami - Dade County, Florida. PARCEL 2: A portion of the Southeast 1/4 of Section 36, Township 51 South, Range 41 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Southeast 1/4 of Section 36; thence along the West line of said Southeast 1/4, South 01° 49' 27" East, a distance of 1,876.98 feet to a point on the North Right-of-way line of Snake Creek Canal; thence along said North Right-of-way line, South 87° 39' 29" East, a distance of 421.04 feet to the Point of Beginning; thence North 01° 49' 27" West, a distance of 99.93 feet; thence South 87° 36' 27" West, a distance of 120.00 feet; thence North 01° 49' 27" West, a distance of 80.70 feet; thence South 87° 36' 27" West a distance of 25.00 feet; thence North 01° 49' 27" West, a distance of 138.10 feet to a point on the South Right-of-way line of Northwest 202nd Terrace; thence North 87° 36' 27" East, a distance of 240.71 feet to a point; thence Southeasterly a distance of 267.74 feet along the arc of a curve to the right, having for its elements a central angle of 54° 08' 33" and radius of 283.33 feet to a point; thence South 38° 15' 00" East a distance of 47.98 feet; thence South 01° 49' 27" East a distance of 262.33 feet to a point on the North Right-of-way line of Snake Creek Canal; thence Northwesterly a distance of 26.70 feet along the arc of a curve to the left having for its elements a central angle of 01° 13' 21" and radius of 1,251.74 feet to a point; thence North 87° 39' 29" West a distance of 319.28 feet; thence North 01° 48' 10" West a distance of 70.19 feet; thence North 87° 39' 29" West, a distance of 9.98 feet to a Point of Beginning. Page 41 of 189 Page 42 of 189 Page 43 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Cameron Benson, City Manager Department: Development Services and Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT FOR A PROPERTY GENERALLY LOCATED AT NW 165 STREET BETWEEN NW 41 AVENUE AND NW 42 AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Background The applicant, BWISE Development has obtained approval for Waiver of Plat D-23446 for the property generally located at NW 165th Street between NW 41st Avenue and NW 42nd Avenue. The proposed development is for four (4) single family homes. The waiver of plat was recommended for approval by Item K-5) Consent Agenda Resolution Waiver of Plat/ NW 165th Street Between 41st & 42nd Avenue Page 44 of 189 the City to the Miami-Dade County Plat Committee on November 22, 2013. Miami-Dade County Plat Committee reviewed and approved the waiver of plat on June 27, 2014. Current Situation The applicant is required to comply with the conditions issued by Miami-Dade County Plat Committee prior to recordation of the waiver of plat in the Public Records of Miami-Dade County. One of the items includes obtaining approval, by Resolution, from the City of Miami Gardens for the waiver of plat. The applicant has provided all the necessary documents for the City to approve the waiver of plat. Proposed Action: Recommend adoption of the Resolution. Attachments: Exhibit “A” – Boundary and Topographic Survey for Waiver of Plat Exhibit “B” – Compliance Letter from Surveyor Page 45 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT 4 FOR THE PROPERTY LOCATED AT NW 165TH STREET 5 BETWEEN NW 41ST AVENUE AND NW 42ND AVENUE, MORE 6 PARTICULARLY DESCRIBED ON EXHIBIT “A”, A COPY OF 7 WHICH IS ATTACHED HERETO; PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10 11 WHEREAS, the Applicant, BWISE Development has obtained a Waiver of Plat 12 approval from Miami-Dade County for the subdivision of the property located at NW 13 165th Street between NW 41st Avenue and NW 42nd Avenue, more particularly 14 described on Exhibit “A” attached hereto, and 15 WHEREAS, as a condition for approval of the Waiver of Plat, the Applicant must 16 obtain approval from the City of Miami Gardens, and 17 WHEREAS, the Waiver of Plat will allow the development of four (4) single family 18 homes, and 19 WHEREAS, City staff has reviewed the application and recommends approval of 20 the Waiver of Plat, 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Resolution. 26 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27 hereby gives its approval to the Waiver of Plat for that property located at NW 165th 28 Street between NW 41st Avenue and NW 42nd Avenue, more particularly described on 29 Exhibit “A” attached hereto. 30 Page 46 of 189 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 51 52 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59 Councilman David Williams Jr ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63 64 Page 47 of 189 Pa g e 48 of 18 9 Pa g e 49 of 18 9 Pa g e 50 of 18 9 Page 51 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other 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 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: ITB No. 12-13-039 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: Vehicle Preventative Maintenance – Contract Renewals Sponsor Name Cameron Benson, City Manager Department: Fleet Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS NEEDED BASIS, TO FLEET TIRE TRUCK AND AUTO, AUTONATION FORD MIAMI AND LEHMAN BUICK GMC, LLC FOR PREVENTIVE MAINTENANCE AND REPAIR OF THE CITY’S PREVENTIVE MAINTENANCE AND REPAIR OF THE CITY’S FLEET VEHICLES, IN AN AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: BACKGROUND On July 24, 2013, the City Council approved Resolution# 2013-175-1971; authorizing the City Manager Item K-6) Consent Agenda Resolution POs/Fleet Tire Truck & Auto, Autonation Ford Miami and Lehman Buick GMC, LLC Page 52 of 189 18506 NW27 Avenue Miami Gardens, Florida 33056 to execute agreements between the City of Miami Gardens and three vendors, Fleet Tire Truck and Auto, AutoNation Ford Miami, and Lehman Buick Pontiac GMC for preventative maintenance services. The initial term of the contract is for a one (1) year period, with an option to renew for four (4) additional years, on a year to year basis, under the same terms and conditions. The current contract expires July 31, 2015. CURRENT SITUATION The current solicitation allows for annual renewals for a maximum of four (4) years. This is the second contract renewal. The City’s Fleet Department continues to provide preventative maintenance and general repairs to the City’s automotive fleet. Staff concurs with the renewal of this contract with all three vendors. The using department has completed vendor performance evaluations for all three vendors. Each of vendors received an average performance evaluation score of 5.0, out of a possible high score of 5.0. The vendors’ insurance has been updated. FISCAL IMPACT The source of funding for this project will be derived from the Repairs and Maintenance line item 01-19- 03-519-460-00 of the Fleet Division. Proposed Action: It is recommended that City Council approve the attached resolution to renew the existing contracts for an additional one (1) renewal period to Fleet Tire Truck and Auto, AutoNation Ford Miami and Lehman Buick Pontiac GMC for preventative maintenance services and authorize the City Manager to issue Purchase Order(s) of the allocated budget amount. Attachment: Exhibit A - Vendor Performance Evaluation Forms for: Fleet Tire Truck and Auto AutoNation Ford Miami Lehman Buick Pontiac GMC Page 53 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS 5 NEEDED BASIS, TO FLEET TIRE TRUCK AND AUTO, 6 AUTONATION FORD MIAMI AND LEHMAN BUICK GMC, LLC 7 FOR PREVENTIVE MAINTENANCE AND REPAIR OF THE 8 CITY’S FLEET OF VEHICLES, IN AN AMOUNT NOT TO EXCEED 9 THE ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING 10 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN 11 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 12 13 WHEREAS, on July 24, 2013, the City Council awarded ITB No. 12-13-039 to 14 Fleet Tire Truck and Auto, Autonation Ford Miami and Lehman Buick GMC, LLC for 15 preventive maintenance and repair of the City’s fleet of vehicles, and 16 WHEREAS, the initial Agreement for preventive maintenance and repair was for 17 a one year period, with the option to renew for four additional terms on an annual basis, 18 and 19 WHEREAS, City staff recommends renewal of the Agreement with Fleet Tire 20 Truck and Auto, Autonation Ford Miami and Lehman Buick GMC, LLC for a one year 21 term, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby authorizes the City Manager to issue purchase orders, on an as needed basis, 29 to Fleet Tire Truck and Auto, Autonation Ford Miami and Lehman Buick GMC, LLC for 30 Page 54 of 189 2 preventive maintenance and repair of the City’s fleet of vehicles, in an amount not to 31 exceed the annual allocated budgeted amount. 32 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33 upon its final passage. 34 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 36 37 ___________________________________ 38 OLIVER GILBERT, III, MAYOR 39 40 41 42 43 ATTEST: 44 45 46 __________________________________ 47 RONETTA TAYLOR, MMC, CITY CLERK 48 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 51 52 53 SPONSORED BY: CAMERON BENSON, CITY MANAGER 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert, III ____ (Yes) ____ (No) 60 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61 Councilman David Williams Jr. ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65 Councilman Rodney Harris ____ (Yes) ____ (No) 66 67 68 69 70 Page 55 of 189 Exhibit 1Page 56 of 189 Exhibit 2Page 57 of 189 Exhibit 3 Page 58 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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 - Fleet Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 13-14-040 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: Auto Body Collision and Repairs Sponsor Name Cameron Benson, City Manager Department: Fleet Services Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO DJ AUTO COLLISION CENTER, INC., MASTERS PAINT & BODY SHOP, INC., AND WORLD MOTOR CORPORATION, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR AUTO REPAIR SERVICES OF THE CITY’S FLEET OF VEHICLES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: BACKGROUND Item K-7) Consent Agenda Resolution DJ Auto Collision Center, Inc. & World Motor Corporation Page 59 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 On September 22, 2014, the City of Miami Gardens entered into an Auto Body Collision Repairs contract with DJ Auto Collision Center, Inc., World Motor Corporation, and Masters Paint & Body Shop, Inc., to service and repair the City’s fleet vehicles pursuant to Invitation To Bid (ITB) 13-14-040 and Resolution No. 2014-162-2141 was approved by Council on September 22, 2014. CURRENT SITUATION At the beginning of fiscal year 2014-2015 purchase orders in the amount of $75,000 were issued between the three awarded vendors. Due to an increase in the number of collision repairs and unexpected costs of refurbishing the fleet vehicles Change Order #1 was issued in the amount of $5,000, which was within the City Manager’s authority in accordance with the City of Miami Gardens Code of Ordinance, Section 2-752 (7). City staff is expecting additional changes to the contracts, which will exceed the City Manager’s authority; hence, staff is requesting that the contract value be increased by $30,000. Approval of the proposed for Change Order #2 will increase the contract amount by $30,000, for a revised total contract amount of $110,000. FISCAL IMPACT The funding of the repairs will be derived from the Fleet budget under repairs and maintenance account. Proposed Action: It is recommended that the City Council approve the attached resolution for a Change Order in the amount of $30,000 to contract #13-14-040 with DJ Auto Collision Center, Inc., World Motor Corporation, and Masters Paint & Body Shop, Inc., for automobile body collision repairs and unexpected costs of refurbishing the fleet vehicles, and authorize the City Manager to execute the same. Attachment: None. Page 60 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A CHANGE ORDER TO DJ AUTO 5 COLLISION CENTER, INC., MASTERS PAINT & BODY SHOP, 6 INC., AND WORLD MOTOR CORPORATION, IN THE AMOUNT 7 OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR AUTO 8 REPAIR SERVICES OF THE CITY’S FLEET OF VEHICLES; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10 PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE 11 CITY MANAGER) 12 13 WHEREAS, on September 22, 2014, the City Council adopted Resolution No. 14 2014-162-2141, which awarded a bid to DJ Auto Collision Center, Inc., Masters Paint & 15 Body Shop, Inc., and World Motor Corporation for auto repair services of the City’s fleet, 16 and 17 WHEREAS, the term of the initial contract is for a term of two (2) years with the 18 option to renew for an additional term, and 19 WHEREAS, the estimated annual expenditure for the repair services was 20 Seventy-Five Thousand Dollars ($75,000.00), and 21 WHEREAS, due to the increase number of collisions and repairs, City staff 22 anticipates that the cost of repairs will exceed the City Manager’s authority to issue 23 change orders up to ten percent (10%) over the contract amount in accordance with 24 Section 2-752(7) of the City’s Code of Ordinances, and 25 WHEREAS, City staff is requesting that the City Council authorize a change 26 order to increase the allocated amount to One Hundred Ten Thousand Dollars 27 ($110,000.00) annually, 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30 Page 61 of 189 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32 made a specific part of this Resolution. 33 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34 hereby authorizes the City Manager to issue a change order to DJ Auto Collision 35 Center, Inc., Masters Paint & Body Shop, Inc., and World Motor Corporation, In the 36 amount of Thirty Thousand Dollars ($30,000.00), for auto repair services of the City’s 37 fleet of vehicles. 38 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 39 upon its final passage. 40 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 41 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 42 43 ___________________________________ 44 OLIVER GILBERT, III, MAYOR 45 46 47 48 ATTEST: 49 50 51 __________________________________ 52 RONETTA TAYLOR, MMC, CITY CLERK 53 54 55 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 56 57 58 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 59 60 Moved by: __________________ 61 62 VOTE: _________ 63 64 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 65 Page 62 of 189 3 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 66 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 67 Councilman David Williams Jr ____ (Yes) ____ (No) 68 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 69 Councilman Rodney Harris ____ (Yes) ____ (No) 70 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71 72 73 Page 63 of 189 18506 NW27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund – Parks Maintenance / Capital Projects Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: ITB No. 11-12-033 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety X Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: Security & Sport Lighting Systems Maintenance and Installation – Contract Renewal X Sponsor Name Cameron Benson, City Manager Department: Parks and Recreation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THE AGREEMENT WITH IMPERIAL ELECTRIC & LIGHTING SUPPLY, INC. AND ELECTRICAL CONTRACTING SERVICE, INC. FOR SECURITY AND SPORTS LIGHTING SYSTEM MAINTENANCE; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, ON AN AS NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: BACKGROUND Item K-8) Consent Agenda Resolution Renewal Agreement w/ Imperial Electric & Lighting Supply Inc. and Electrical Contracting Service Inc. Page 64 of 189 18506 NW27 Avenue Miami Gardens, Florida 33056 The City, acting as the lead agent for the Southeast Florida Governmental Cooperative Group (Co-Op), prepared specifications for a bi-annual contract for Security and Sport Lighting Systems Maintenance. On October 1, 2012, the City Manager awarded Invitation To Bid (ITB) No. 11-12-033 for Security and Sports Lighting System Maintenance to Imperial Electric & Lighting Supply, Inc., as the primary vendor, and to Electric Contracting Service, Inc., as the secondary vendor. The initial term of the contract is for a two (2) year period, with an option to renew for three (3) additional years, on a year to year basis, under the same terms and conditions. The current contract expires, September 6, 2015. CURRENT SITUATION The current contract allows for annual renewals for a maximum of three (3) years. This is the second contract renewal. The City’s Parks and Recreation Department continues to maintain and repair the parking lot lights, Musco sport lights and replacing and installing related wiring in order to comply with regulatory agencies. Staff also intends to utilize the renewal of the contract for the installation of additional sport lights utilizing General Obligation Bond funds. The Using Agency has completed performance evaluations for both vendors. Imperial Electrical, Inc., and Electrical Contracting Services, Inc., received an average performance evaluation score of 4.87 each, out of a possible high score of 5.0. City staff and members of the Co-Op Group are satisfied with both vendors performance and concur with the renewal of this contract. The vendor’s insurance has been updated. FISCAL IMPACT Depends on the project, the costs will be charged to Parks repairs and maintenance account or the related capital projects that were approved by Council. Finance will ensure the funding is available prior to any execution of the purchase order. Proposed Action: It is recommended that City Council approve the attached resolution to renew the existing contract for an additional one (1) renewal period to Imperial Electrical, Inc., and Electrical Contracting Services, Inc. for ITB No. 11-12-033 for Security and Sports Lighting System Maintenance and/or Installation of additional sports lights and authorize the City Manager to issue Purchase Order(s) of the allocated budget amount for the one (1) renewal period. Attachment: Exhibit 1 - Vendor Performance Evaluation Forms for: Imperial Electrical, Inc. Electrical Contracting Services, Inc. Page 65 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THE AGREEMENT WITH IMPERIAL ELECTRIC & LIGHTING 5 SUPPLY, INC. AND ELECTRICAL CONTRACTING SERVICE, 6 INC. FOR SECURITY AND SPORTS LIGHTING SYSTEM 7 MAINTENANCE; AUTHORIZING THE CITY MANAGER TO ISSUE 8 PURCHASE ORDERS, ON AN AS NEEDED BASIS, IN AN 9 AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED 10 BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 (SPONSORED BY THE CITY MANAGER) 13 14 WHEREAS, the City of Miami Gardens, acting as lead agent for the Southeast 15 Florida Governmental Purchasing Cooperative Group, prepared specifications for ITB 16 No. 2011-12-033, for security and sports lighting system maintenance, and 17 WHEREAS, the bid was awarded to Imperial Electric & Lighting Supply, Inc., as 18 the primary vendor, and to Electrical Contracting Service, Inc., as the secondary vendor, 19 and 20 WHEREAS, the current agreement was under the City Manager’s purchasing 21 authority and expires in September 2015, and 22 WHEREAS, a contract renewal will exceed the City Manager’s purchasing 23 authority and will require the approval of the City Council, and 24 WHEREAS, City staff recommends that the City Council authorizes a renewal of 25 the Agreement with Imperial Electric & Lighting Supply, Inc. and Electrical Contracting 26 Services, Inc., for security and sports lighting system maintenance, for a one year term, 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29 Page 66 of 189 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 1 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 2 made a specific part of this Resolution. 3 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 4 hereby authorizes the renewal of the Agreement with Imperial Electric & Lighting 5 Supply, Inc. and Electrical Contracting Service, Inc. for security and sports lighting 6 system maintenance, and authorizes the City Manager to issue purchase orders on an 7 as needed basis, in an amount not to exceed the annual allocated budgeted amount. 8 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 9 upon its final passage. 10 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 11 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 12 13 ___________________________________ 14 OLIVER GILBERT, III, MAYOR 15 16 17 18 ATTEST: 19 20 21 __________________________________ 22 RONETTA TAYLOR, MMC, CITY CLERK 23 24 25 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 26 27 28 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 29 30 Moved by: __________________ 31 32 VOTE: _________ 33 Page 67 of 189 1 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 2 Vice Mayor Lisa Davis ____ (Yes) ____ (No) 3 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 4 Councilman David Williams Jr ____ (Yes) ____ (No) 5 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 6 Councilman Rodney Harris ____ (Yes) ____ (No) 7 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 8 9 10 Page 68 of 189 Page 69 of 189 Page 70 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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 Obligation Bond Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 14-15-023 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: Portable Mobile Stage Sponsor Name Cameron Benson, City Manager Department: Capital Improvement Project (CIP) Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO CENTURY INDUSTRIES, INC. FOR A PORTABLE MOBILE STAGE; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, THAT CERTAIN AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF TWO HUNDRED TWELVE THOUSAND, TWO HUNDRED FIFTY-FOUR DOLLARS ($212,254.00) FOR THIS PURPOSE; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: BACKGROUND Item K-9) Consent Agenda Resolution Portable Mobile Stages Page 71 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 The City requested sealed proposals from qualified vendors to provide a fixed cost for a Portable twenty- four (24) feet and thirty-six (36) feet Mobile Stage to be used for various City events. CURRENT SITUATION Staff prepared specifications for a portable twenty- four (24) feet and thirty-six (36) feet mobile stage. The Request For Proposal (RFP) No. 14-15-023 was posted on May 12, 2015. A broadcast notice was sent to 144 vendors. Twelve (12) proposal packages were requested. One proposal was received and publicly read on June 11, 2015 . A copy of the proposal document and the submittal is available at the Assistant to the Mayor and Council’s Office for review. On June 22, 2015, an Evaluation Committee Meeting was held and City staff assessed the proposer’s submittal. On June 23, 2015, a Final Evaluation Committee meeting was held which included an oral presentation from the proposer. Each committee member was provided with an evaluation ranking sheet, copy of the proposal, copy of the solicitation and instructions as to the evaluation ranking process. After evaluating and scoring the proposer’s submittal, the Evaluation Committee selected Century Industries, Inc., for final ranking. The Evaluation Committees’ final recommendation of ranking was posted on Demandstar, June 23, 2015. The Evaluation Committee consisted of: Craig Clay, Assistant City Manager David Motola, Fleet Department Manager Anthony Smith, Capital Improvement, Project Manager FISCAL IMPACT Currently, a budget of $298,000 has been allocated for the this project in the Capital Projects Fund funded from the General Obligation Bond. Proposed Action: That the City Council approve the proposed resolution authorizing the City Manager to issue a purchase order to Century Industries, Inc. of Sellersburg, IN, for the purchase of two (2), twenty- four (24) feet portable mobile stages for a total of $212,254. Attachment: Exhibit 1 - Bid Tabulation Sheet Exhibit 2 - Score Sheets Summary Exhibit 3 - Contract Agreement Page 72 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID TO CENTURY 4 INDUSTRIES, INC. FOR A PORTABLE MOBILE STAGE; 5 AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO 6 EXECUTE AND ATTEST, THAT CERTAIN AGREEMENT, A 7 COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”, IN 8 THE AMOUNT OF TWO HUNDRED TWELVE THOUSAND, TWO 9 HUNDRED FIFTY-FOUR DOLLARS ($212,254.00) FOR THIS 10 PURPOSE; PROVIDING FOR INSTRUCTIONS TO THE CITY 11 CLERK; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 (SPONSORED BY THE CITY MANAGER) 14 15 WHEREAS, City staff prepared specifications for a portable mobile stage to be 16 utilized at City events, and 17 WHEREAS, on May 12, 2015, RFP. No. 14-15-023 was posted, and 18 WHEREAS, twelve (12) proposals were requested, and one (1) proposal was 19 received and publicly read, and 20 WHEREAS, city staff recommends awarding a bid to Century Industries, Inc., of 21 Sellersburg, IN, in the amount of Two Hundred Twelve Thousand, Two Hundred Fifty-22 Four Dollars ($212,254.00), for a portable mobile stage, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby awards a bid to Century Industries, Inc. for a portable mobile stage; and 30 authorizes the City Manager and the City Clerk to execute and attest, that certain 31 Agreement, a copy of which is attached hereto as Exhibit “A”, in the amount of Two 32 Page 73 of 189 2 Hundred Twelve Thousand, Two Hundred Fifty-Four Dollars ($212,254.00) for this 33 purpose. 34 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 35 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 36 be maintained by the City, and one to be delivered to Century Industries, Inc. 37 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 38 upon its final passage. 39 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 41 42 ___________________________________ 43 OLIVER GILBERT, III, MAYOR 44 45 46 47 ATTEST: 48 49 50 __________________________________ 51 RONETTA TAYLOR, MMC, CITY CLERK 52 53 54 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 55 56 57 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 58 59 Moved by: __________________ 60 61 VOTE: _________ 62 63 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 65 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68 Councilman Rodney Harris ____ (Yes) ____ (No) 69 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70 Page 74 of 189 Exhibit - 1 Bid Submittals: 1 Declinations: 0 Description 24' Portable Mobile Stage Manufacture, Delivery and Training 36' Portable Mobile Stage Manufacture, Delivery and Training Alternate: 24' Portable Mobile Stage Manufacture, Delivery and Training, includes (8) 4x8 extensions and (2) wheeled portable generator Century Industries LLC 299 Prather Lane, PO BOX C, Sellersburg, IN 47172 RFP No. 14-15-023 Portable Mobile Stage Agency: Capital Improvement Purchasing Agent: Lindell Y. Miller TABULATION SHEET Date Bid Opened: June 11, 2015 Total Line Price $146,872 $120,212 $106,127 Page 75 of 189 Ex h i b i t 2 Pa g e 76 of 18 9 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 AGREEMENT FOR MANUFACTURERING, DELIVERY, TRAINING OF A MOBILE STAGE THIS AGREEMENT is made and entered into this _____ day of ___________, 2015, by and between the City of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “City”), and ________________________ authorized to do business in the State of Florida, (hereinafter referred to as “Contractor” or “Proposer”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, the City advertised a Request for Proposal (“RFP”) on ________________, and WHEREAS, Proposer submitted a Proposal dated ________________, in response to the City’s request; and WHEREAS, at a meeting held on _____________, the City Council selected the Proposer and agreed to contract with Proposer to perform the services described in the RFP and Proposer’s Proposal submitted in response to the RFP (“Services”). NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1 Incorporation by Reference. The following documents are hereby incorporated by reference and made part of this Agreement. (i) Specifications and Proposal Documents prepared by the City for RFP#14- 15-023 (Exhibit 1). (ii) Proposal for the City of Miami Gardens prepared by Proposer dated __________________. (Exhibit 2). Page 77 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 All exhibits may also be collectively referred to as the “Documents”. In the event of any conflict between the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. This Agreement B. Exhibit 1 C. Exhibit 2 Article 2 Scope of Work The proposer will provide the City with two (2) 24’ Portable Mobile Stages. The Portable 24’ Mobile Stages shall be equipped with a hitch for transporting to various locations throughout the City, as per detailed specifications. City requires vendors to manufacture, deliver, and provide training as specified in Exhibit I, II and III of the RFP. Article 3 Qualifications The proposer shall be in the business of providing the Portable Mobile Stage requested in this bid and must possess sufficient financial support, equipment and organization to insure that it can satisfactorily perform the services if awarded a Contract. The proposer shall satisfy each of the following requirements cited in the RFP. Article 4 Compensation See Exhibit “I, II, and III” Detailed Scope of Work CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity AS DETAILED IN See Exhibit “I, II, and III” Detailed Scope of Work, with the requirements as stated or shown in the Contract Documents, the sum of Two Hundred and twelve thousand, two hundred and fifty-four dollars ($212,254.00). Page 78 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 The City’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Council. Proposer shall make no charges to the City for supplies, labor, taxes, licenses, permits, mileage, fuel, overhead or any other expenses or costs unless any such expense or cost is incurred by Proposer with prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the contested amounts and withhold payment on the contested amounts until they are resolved by agreement with Proposer. Article 5 Licensing The Proposer shall secure, maintain and pay for any licenses necessary to perform duties and services under this contract. It is the Proposer’s responsibility to maintain all professional licenses that may be required as well as any licenses or other certifications for any staff provided to the City under this contract by the Proposer. By signature hereon, the Proposer warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the City upon request. The Proposer has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required conducting its business and that it will at all times conduct its business activities in a reputable and professional manner. Article 6 Indemnification Subject to the limitations of Section 768.28 Florida Statutes, PROPOSER shall protect, defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non‐performance of any provision of this Agreement required of the PROPOSER, by or on behalf of the PROPOSER, or resulting from any violation by the PROPOSER or its employees of any statute law, ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to Page 79 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless PROPOSER, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City’s performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnify PROPOSER from any liability or claim arising out of the negligent performance or failure of performance of PROPOSER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. Article 7 Insurance Proposer shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per incident, for personal injury, and One Million ($1,000,000.00) Dollars, per incident, for property damage. Proposer shall provide and maintain professional liability (errors and omissions) insurance coverage 1) $1,000,000 per occurrence, $1,000,000 aggregate or dedicated project limits with a deductible (if applicable) not to exceed $25,000.00 per claim (audited financial statements required). The certificate of insurance shall reference any applicable deductible. 2) Claims made policy must have an extended period of two years or occurrence based policy. 3) Deductible program or Self Retention Program an Irrevocable Letter of Credit or performance Bond for amount of SRI is required. Page 80 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 General liability insurance shall designate the CITY as an additional insured and Proposer shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. Proposer shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. Article 8 Termination The City may, for its convenience and without cause, terminate this Agreement by giving Proposer written notice at least thirty (30) days prior to the effective date of the termination. Upon written notice of the termination, Proposer shall provide only those services and incur only those expenses specifically approved or directed in writing by the City Manager. The City may, terminate this Agreement for cause immediately, and shall provide notice as soon as possible to Proposer. Proposer may terminate this Agreement by giving the City at least thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, Proposer and City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from Proposer to the City or to any other person or entity the City may designate, and to maintain during such period of transition that same services provide to the City pursuant to the terms of this Agreement. Proposer will take all reasonable and necessary actions to transfer all records, etc. and data of the City in its possession in an orderly fashion to either the City or its designee in a hard copy and computer format. If either party terminates this Agreement, the City shall only pay Proposer for the services provided through the date of termination. Page 81 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 9 Ownership All inventions, discoveries, deliverables, intellectual property, technical communications and records originated or prepared by Proposer pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the City. Article 10 Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 11 Severability If any term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 12 Governing Law This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation shall be in Miami-Dade County, Florida. Page 82 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 13 Waiver The failure of either party to this Agreement to object to or to take a preoperative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the City of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by Proposer of the same, or any other provision or the enforcement thereof. The City’s consent to or approval of any act by Proposer requiring the City’s consent or approval shall not be deemed to render unnecessary the obtaining of the City’s consent to or approval of any subsequent consent or approval of Proposer, whether or not similar to the act so consented to or approved. Article 14 Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: City: Proposer: Cameron Benson, City Manager Century Industries, Inc. City of Miami Gardens 299 Prather Lane, PO Box C 18605 NW 27th Avenue Sellersburg, IN 47172 Miami Gardens, FL 33056 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Page 83 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 15 Independent Contractor Proposer is and shall remain an independent contractor and is not an employee or agent of the City. Services provided by Proposer shall be by employees of Proposer and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the City. Proposer shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with Proposer. The rights granted to Proposer hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or proposers to perform services including those hereunder. Article 16 Assignment Subject to the provisions above, this Agreement shall not be assignable by Proposer. Article 17 Prohibition Against Contingent Fees Proposer warrants that it has no employees or retained any Proposer or person, other than a bona fide employee working solely for Proposer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), Proposer, corporation, individual or proposer, other than a bona fide employee working solely for Proposer, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 18 Attorneys Fees Should any dispute arise hereunder, the City shall be entitled to recover against the Proposer all costs, expenses and attorney’s fees incurred by the City in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Page 84 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 19 Compliance with Florida Public Records Laws To the extent required by law, Proposer shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Proposer agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole determination of which records, if any, are exempt from inspection. Article 20 Non-Discrimination Proposer agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975. Proposer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. Proposer will take afproposerative action to insure that all employment practices are free from such discrimination. Article 21 Conflict of Interest Proposer agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.11, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 85 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 22 Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23 Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24 Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 25 Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 26 Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Page 86 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Article 27 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article 28 Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. Page 87 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. Proposer: ___________________________ CITY OF MIAMI GARDENS By: _________________________________ By: _________________________________ Name: _______________________________ Cameron Benson, City Manager Title: ________________________________ WITNESS: ATTEST: ____________________________________ ______________________________ Corporate Secretary City Clerk APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Seal: ____________________________ City Attorney Page 88 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 EXHIBIT I – SCOPE OF DETAILED WORK 24’ Portable Mobile Stage SCOPE OF PRODUCTS AND SERVICES 4.1 General The Portable Mobile Stage is constructed of steel channel main frame with fiberglass reinforced plywood interior body and sound shell stage, hydraulic operated canopy and stage, six (6) highway rated tires load range F rated at 4,045 lbs. each, Dimensions of portable mobile stage when in use: main stage deck length at 24' minimum, stage depth at 14' minimum, canopy depth when open at 16’ Minimum. The Portable Mobile Stage is equipped with a hitch for transporting to various locations throughout the City, as per detailed specifications. 4.2 Dimensions 4.2.1 The minimum dimensions of Portable Mobile Stage when in use: Main Stage Deck Length: 24' Minimum Stage Depth: 14' Minimum Canopy Depth when open: 16’ Minimum 4.3 Technical Specifications 4.3.1 Canopy and Stage Deck - Hydraulically operated. 4.3.2 Exterior Body Panels and Frame - Highly durable, non-corrosive and shall be covered with a smooth high gloss Gel Coat. 4.3.3 Pintle Towing Coupler - A 60,000 lb. capacity pintle ring shall be bolted to tongue at front of backbone frame. Shall be equipped with Page 89 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 safety chains and electric breakaway switch with battery. A 25,000 lb. crank adjustable hitch jack shall be welded at coupler. Tongue length shall allow sufficient clearance for turning. 4.3.4 Hydraulic Leveling/Support Jacks - Four (4) 25,000 lb. maximum lift capacity hydraulic jacks shall be attached to the frame, one (1) at each corner. Jacks are designed to level and lift stage and shall be mounted at outer perimeter for stability. Jacks shall be capable of raising stage from a minimum height of 48” up to 61”. Each jack shall have a 10" x 12" jack foot. Leveling jacks shall swivel 90 degrees to prevent damage during transit by offering 22” of ground clearance while minimizing cranking. In addition to the swivel jacks, two (2) additional 35,000 lb. capacity mainframe drop legs support live load on main stage. Bubble-type levels shall be attached to the stage frame for ease of leveling. A total of four (4) levels shall be installed, with two (2) sets of two (2) at opposite corners. 4.3.5 Portable Stage Structure - Shall meet or exceed minimum live load code requirements of 125 lbs. psf. and minimum wind load requirement of 46 mph. 4.3.6 Suspension - A 14,000 lb. double axle, heavy-duty, steel leaf, suspension shall be provided, equipped with four (4) wheel electric brakes and four (4) highway rated, 12.00 x 16.5 12 ply tubeless tires load range F rated at 4,045 lbs. each (mobile home tires not acceptable). Fenders shall be installed over the tires on both sides of the stage to protect from road dirt and debris. RV style torsion beam suspension shall not be acceptable due to lack of strength for towing additional equipment over rough terrain. 4.3.7 F.D.O.T. Standards - The Mobile Stage shall comply with all F.D.O.T. regulations established for over-the-road vehicles. Page 90 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.3.8 ADA Code - Two (2) sets of portable 36" wide stairs with handrails shall be provided. Stairs are 18 gauge steel construction with a non-skid surface. Stairs shall have 7/11 slope, enclosed risers to meet ADA Code. Stairs must meet ADA Code for rise, run and enclosed risers to be acceptable. Handrails, provided on both sides of stairs, shall be zinc plated 1-1/2" diameter steel tube, and shall be removable, without tools, for storage. Stairs shall attach to optional 4x8 sections and on all sides of the main and folding stage deck section. Stairs shall have adjustable legs for all-terrain use. 4.3.9 Stage Decking - Shall be weatherproof durable and textured for a slip resistance. Deck surface shall be free of bolts, rivets, large gaps and exposed piano hinges at folding deck which effect walking and dancing. Deck perimeter rub rail shall be a heavy-duty extruded 7" high aluminum channel with provision for stairs, skirting, or additional deck attachments. 4.3.10Canopy Truss Structure - Steel truss structure shall be fully engineered to design loads for roof, wind, lighting and stage equipment. Light & Sound equipment can be installed from ground level and safely lifted overhead; 1,200 lb. minimum equipment load capacity at canopy leading edge shall be required for safety and shall not require installation of vertical upright corner posts used as secondary supports. 4.3.11 Hydraulic System - Operation of the Sound Shell roof, canopy and deck shall be accomplished by a self-contained hydraulic system operated by remote control pendant. Remote control pendant shall have a minimum 20' power cord. A locking control panel with security latch shall be provided for hydraulics and control system. All hydraulic lines shall be flexible to allow for stage movement when being towed and set-up. Mobile Sound Shell mechanical components including battery, battery charger, hydraulic pump, and fluid reservoir shall be located in a locking, weather-tight aluminum compartment. All Page 91 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 mechanical components shall be conveniently located for ease of service and full weather protection. 4.3.12 12VDC Electrical - The stage shall be equipped with all ICC road lights and license plate bracket with light. Marker lights shall have rugged die-cast aluminum housing for protection. Stage shall have connector cable, connector, and towing vehicle receptacle (owner installed). All 12VDC wiring shall be run in protective loom. All DOT required lights shall be LED for longevity & low maintenance. Stage 12VDC marker lights shall be protected by rugged die cast aluminum housings. 4.3.13 Hydraulic Leveling and Support and Hitch Jack - Provides four (4) 16,000 lb. maximum lift capacity hydraulic operated adjustable mainframe jacks. Jacks shall be capable of adjusting stage from 48” to 61”, and be controlled from the remote control pendant. Each jack shall have a high flotation 12” x 12” foot. Jacks shall swivel to prevent damage during transit. Included with this option the 12VDC electrical system is upgraded to a 24VDC electrical system which increases the number of 12VDC batteries to two (2). 4.3.14 Graphics - The Portable Mobile Stage shall be gloss white overall and allow for custom graphics, logos, and signage to support the City of Miami Gardens. 4.3.15 Design Standards - The Portable Mobile Stage shall be engineered to the codes and regulations for the Florida Department of Transportation as well as OSHA. 4.3.16 Operation Manual - Two (2) operation manuals shall be supplied at time of delivery. Page 92 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4 Additional Options to Technical Specifications 4.4.1 Anticorrosion Upgrade - For highly corrosive climates all-steel frame members shall be hot dipped galvanized for best possible corrosion protection and long life. Package also includes anodized perimeter stage rail, galvanized deck hinges, stainless steel screws, and pump compartment and control panel hinges. 4.4.2 Stair Upgrade - stairs shall be upgraded to aluminum stairs fabricated of welded 1/8" tread plate aluminum. Adjustable foot pads shall be provided at bottom stair corners to accommodate uneven ground. Stairs shall attach to movable stage sections and to all sides of the main folding stage. Removable handrails shall be anodized aluminum. Stairs shall have fully enclosed risers between treads. 36" wide stairs with two handrails. 4.4.3 Adjustable Acoustic Wall Panels at Each End of the Stage - There shall be end walls for the trailer which are fully adjustable from fully closed, through 45o to 90o and to 270o. End panels positioned at 90o extends length of stage by 16 feet with additional stage sections. Adjustable end panels give total shell flexibility for acoustic effect and appearance. End walls shall act as doors for Stage and shall be fully lockable and weather sealed against road dirt. 4.4.4 Stage Deck Support Truss - Full length 19" deep galvanized steel truss understructure supports fold down stage deck. Hinged truss with links to mainframe automatically deploys as deck is lowered and insures a level straight deck. Truss replaces standard multiple support legs and saves time adjusting to irregular ground. 4.4.5 Enclosed 7,000 Watt Generator - 120V/56.7A gasoline powered, air cooled generator is frame mounted in exterior compartment with sound proofing. Generator is mounted on a 4 point focalized vibration Page 93 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 isolators to virtually eliminate vibration. Includes hour meter, electric start and fuel tank. 4.4.6 Deck Tie-Downs – Six (6) tie-downs to secure items transported Inside stage. The tie-down is recessed and flush style. 4.4.7 Decorative Stage Skirt - Enclosing lower portion of fold-down stage deck, includes: Boucle skirt constructed of 100% synthetic fiber for maximum weatherability, mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant. Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying. Skirt color shall be owner’s choice. Will also enclose the lower portion of fold-down stage deck, includes: Boucle skirt constructed of 100% synthetic fiber for maximum weather resistance, mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant. Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying. Skirt color shall be the City’s choice. 4.4.8 Electrical Upgrade - Receptacles and panel upgrade for MSP, MSM & MGM; includes Base Electrical Package plus the following:  Main Breaker and ten (10) additional circuit breakers in panel.  Sixteen (16) receptacles mounted in canopy front over eight (8) circuits.  Two (2) Duplex receptacles mounted in canopy rear over two (2) circuits.  Power cord, upgrade to 50' 6/4 W. 4.4.9 Exterior Flood Lights - Provides light for safety and working during night hours. Light has a shock-absorbing weatherproof body that will not rust, dent, or scratch. Light is fully adjustable for aiming. 12VDC/3.2 Amps. switch controlled, self-contained operation provides light when stage is not plugged into AC power source. Two (2) lights Page 94 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 are mounted on stage curbside and one (1) on hitch end to allow nighttime loading and safe towing hook-up. 4.4.10 Compartment Lights - Mounted inside portable stage, provides light for working or loading during night hours. Switch controlled light has high and low light settings. Self contained operation provides light when Portable Mobile Stage is not plugged into AC power source. 12VDC/.59/1.34 Amps. 4.4.11 Basic Lighting Package - LED Light Controller capable of handling up to 8 intelligent lights with up to sixteen (16) channels each, 128 channels of DMX control, six (6) sets of chase effects containing 999 steps each, Ability to reverse sliders and reassign channels, Sequential linking of chases, Grab fixture on the fly and set it to automatic or sound-activated mode, and double space (2U) mounting rack.  (8) PAR 56 LED light fixtures and Fixture Clamps.  (8) Safety Cables.  (7) Outdoor rated, power extensions.  (7) Data Extensions, Outdoor rated.  (1) 3-Pin DMX Cable 50’ 4.4.12 Theatrical Light Support Bar - Weather resistant stainless steel “T”-bar support holds up to four (4) par fixtures, and pivots into canopy (with lights attached) for secure storage when not in use.  One (1) pair of support bars is required for Basic & Lighting Package #1 (total of eight (8) fixtures).  Two (2) pair of support bars is required for Intermediate & Lighting Package #2 (total of sixteen (16) fixtures). Page 95 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4.13 Pro-Sound System – (1) 12-Channel Mixing Console features a versatile all-in-one console that can handle up to 12 inputs with internal effects. 12 Input channels (6 Mics + 4 Stereo line inputs), 3 band EQ (Ch 1-7/8), 2 band EQ (Ch 9/10-11/12), 4 busses (Stereo + 2 groups), 1 Aux send + 1 Effect send, 1 Stereo Aux return, SPX Digital multi effects, XLR Connectors, Light weight (3.2 kg) Two (2) Sound Speakers are 225W amp to power the 12” woofer and a 75W amp to power the 1.75” compression driver. With a frequency range of 50Hz to 20kHz and a max. SPL of 121dB. Equipped with a 2- band EQ. The powered subwoofer has a built in high pass filter.  ........................................................................................................... Two (2) 50' speaker cables. (2) Sound Speaker Stands - Set of Two with Bag  Two (2) Microphone stands w/Telescoping Boom (2) Shure Microphone’s  Four (4) 50’ Mic Cables 4.4.14 Hardware for Hanging Banners - Extends and supports vertical canopy banners left & right side of stage canopy. Bars swing out and lock into place then folds in for transport. 4.4.15 Spare Tire - Full-size spare tire and wheel to match the vehicle's original tire dimensions. 12.00 x 16.5 12 ply tubeless tires load range F rated at 4,045 lbs. each. 4.4.16 Back Stage Electrical Wall Outlets - Tamper resistant GFCI outlets are installed along back stage wall when extra power is required. GFCI outlets are used in outdoor locations where the risk of electrical shock is higher than usual. Tamper resistant design prevents small items from entering electrical devices and preventing anyone from being shocked. Page 96 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4.17 Handicapped Access Lift mounts at rear Mobile Sound Shell door opening to provide wheelchair access to the stage deck. Lift is hydraulically operated controlled by a remote pendent on a 6' cord. Lift platform is 45" long x 30" wide, with a non-skid surface. Lift folds inside Mobile Sound Shell body during transport. Lift capacity is 750 lbs. Operates 48" deck height. 4.4.18 Solar Battery Charger – helps maintain battery charge and reconditions batteries for longer service life whenever stage is exposed to sunlight. Page 97 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 EXHIBIT II- SCOPE OF DETAILED WORK 36’ Portable Mobile Stage SCOPE OF PRODUCTS AND SERVICES 4.1 General The Portable Mobile Stage is constructed of steel channel main frame with fiberglass reinforced plywood interior body and sound shell stage, hydraulic operated canopy and stage, six (6) highway rated tires load range F rated at 4,045 lbs. each, Dimensions of portable mobile stage when in use: main stage deck length at 36' minimum, stage depth at 14' minimum, canopy depth when open at 16’ Minimum. The Portable Mobile Stage is equipped with a hitch for transporting to various locations throughout the City, as per detailed specifications. 4.2 Dimensions 4.2.1 The minimum dimensions of Portable Mobile Stage when in use: Main Stage Deck Length: 36' Minimum Stage Depth: 14' Minimum Canopy Depth when open: 16’ Minimum 4.3 Technical Specifications 4.3.1 Canopy and Stage Deck - Hydraulically operated. 4.3.2 Exterior Body Panels and Frame - Highly durable, non-corrosive and shall be covered with a smooth high gloss Gel Coat. Page 98 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.3.3 Pintle Towing Coupler - A 60,000 lb. capacity pintle ring shall be bolted to tongue at front of backbone frame. Shall be equipped with safety chains and electric breakaway switch with battery. A 25,000 lb. crank adjustable hitch jack shall be welded at coupler. Tongue length shall allow sufficient clearance for turning. 4.3.4 Hydraulic Leveling/Support Jacks - Four (4) 25,000 lb. maximum lift capacity hydraulic jacks shall be attached to the frame, one (1) at each corner. Jacks are designed to level and lift stage and shall be mounted at outer perimeter for stability. Jacks shall be capable of raising stage from a minimum height of 48” up to 61”. Each jack shall have a 10" x 12" jack foot. Leveling jacks shall swivel 90 degrees to prevent damage during transit by offering 22” of ground clearance while minimizing cranking. In addition to the swivel jacks, two (2) additional 35,000 lb. capacity mainframe drop legs support live load on main stage. Bubble-type levels shall be attached to the stage frame for ease of leveling. A total of four (4) levels shall be installed, with two (2) sets of two (2) at opposite corners. 4.3.5 Portable Stage Structure - Shall meet or exceed minimum live load code requirements of 125 lbs. psf. and minimum wind load requirement of 46 mph. 4.3.6 Suspension - A 21,000 lb. triple axle, heavy-duty, steel leaf, suspension shall be provided, equipped with six (6) wheel electric brakes and six (6) highway rated, 12.00 x 16.5 12 ply tubeless tires load range F rated at 4,045 lbs. each (mobile home tires not acceptable). Fenders shall be installed over the tires on both sides of the stage to protect from road dirt and debris. RV style torsion beam suspension shall not be acceptable due to lack of strength for towing additional equipment over rough terrain. 4.3.7 F.D.O.T. Standards - The Mobile Stage shall comply with all F.D.O.T. regulations established for over-the-road vehicles. Page 99 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.3.8 ADA Code - Two (2) sets of portable 48" wide stairs with handrails shall be provided. Stairs are 18 gauge steel construction with a non-skid surface. Stairs shall have 7/11 slope, enclosed risers to meet ADA Code. Stairs must meet ADA Code for rise, run and enclosed risers to be acceptable. Handrails, provided on both sides of stairs, shall be zinc plated 1-1/2" diameter steel tube, and shall be removable, without tools, for storage. Stairs shall attach to optional 4x8 sections and on all sides of the main and folding stage deck section. Stairs shall have adjustable legs for all-terrain use. 4.3.9 Stage Decking - Shall be weatherproof durable and textured for a slip resistance. Deck surface shall be free of bolts, rivets, large gaps and exposed piano hinges at folding deck which effect walking and dancing. Deck perimeter rub rail shall be a heavy-duty extruded 7" high aluminum channel with provision for stairs, skirting, or additional deck attachments. 4.3.10 Canopy Truss Structure - Steel truss structure shall be fully engineered to design loads for roof, wind, lighting and stage equipment. Light & Sound equipment can be installed from ground level and safely lifted overhead; 1,200 lb. minimum equipment load capacity at canopy leading edge shall be required for safety and shall not require installation of vertical upright corner posts used as secondary supports. 4.3.11 Hydraulic System - Operation of the Sound Shell roof, canopy and deck shall be accomplished by a self-contained hydraulic system operated by remote control pendant. Remote control pendant shall have a minimum 20' power cord. A locking control panel with security latch shall be provided for hydraulics and control system. All hydraulic lines shall be flexible to allow for stage movement when being towed and set- up. Mobile Sound Shell mechanical components including battery, battery charger, hydraulic pump, and fluid reservoir shall be located in a Page 100 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 locking, weather-tight aluminum compartment. All mechanical components shall be conveniently located for ease of service and full weather protection. 4.3.12 12VDC Electrical - The stage shall be equipped with all ICC road lights and license plate bracket with light. Marker lights shall have rugged die-cast aluminum housing for protection. Stage shall have connector cable, connector, and towing vehicle receptacle (owner installed). All 12VDC wiring shall be run in protective loom. All DOT required lights shall be LED for longevity & low maintenance. Stage 12VDC marker lights shall be protected by rugged die cast aluminum housings. 4.3.13 Hydraulic Leveling and Support and Hitch Jack - Provides four (4) 16,000 lb. maximum lift capacity hydraulic operated adjustable mainframe jacks. Jacks shall be capable of adjusting stage from 48” to 61”, and be controlled from the remote control pendant. Each jack shall have a high flotation 12” x 12” foot. Jacks shall swivel to prevent damage during transit. Included with this option the 12VDC electrical system is upgraded to a 24VDC electrical system which increases the number of 12VDC batteries to two (2). 4.3.14 Graphics - The Portable Mobile Stage shall be gloss white overall and allow for custom graphics, logos, and signage to support the City of Miami Gardens. 4.3.15 Design Standards - The Portable Mobile Stage shall be engineered to the codes and regulations for the Florida Department of Transportation as well as OSHA. 4.3.16 Operation Manual - Two (2) operation manuals shall be supplied at time of delivery. 4.4 Additional Options to Technical Specifications Page 101 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4.1 Anticorrosion Upgrade - For highly corrosive climates all-steel frame members shall be hot dipped galvanized for best possible corrosion protection and long life. Package also includes anodized perimeter stage rail, galvanized deck hinges, stainless steel screws, and pump compartment and control panel hinges. 4.4.2 Stair Upgrade - stairs shall be upgraded to aluminum stairs fabricated of Welded 1/8" tread plate aluminum. Adjustable foot pads shall be provided at bottom stair corners to accommodate uneven ground. Stairs shall attach to movable stage sections and to all sides of the main folding stage. Removable handrails shall be anodized aluminum. Stairs shall have fully enclosed risers between treads. Forty-seven (47") wide stairs with two handrails. 4.4.3 Adjustable Acoustic Wall Panels at Each End of the Stage - There shall be end walls for the trailer which are fully adjustable from fully closed, through 45o to 90o and to 270o. End panels positioned at 90o extends length of stage by 16 feet with additional stage sections. Adjustable end panels give total shell flexibility for acoustic effect and appearance. End walls shall act as doors for Stage and shall be fully lockable and weather sealed against road dirt. 4.4.4 Stage Deck Support Truss - Full length 19" deep galvanized steel truss understructure supports fold down stage deck. Hinged truss with links to mainframe automatically deploys as deck is lowered and insures a level straight deck. Truss replaces standard multiple support legs and saves time adjusting to irregular ground. 4.4.5 Enclosed 12,000 Watt Generator - 120V/240V 60Hz diesel powered, air cooled generator is frame mounted in exterior compartment with sound proofing. Generator is mounted on a 4 point focalized vibration isolators to virtually eliminate vibration. Includes hour meter, electric start and fuel tank. Page 102 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4.6 Deck Tie-Downs – Six (6) tie-downs to secure items transported Inside stage. The tie-down is recessed and flush style. 4.4.7 Decorative Stage Skirt - Enclosing lower portion of fold-down stage deck, includes: Boucle skirt constructed of 100% synthetic fiber for maximum weatherability, mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant. Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying. Skirt color shall be City’s choice. Will also enclose the lower portion of fold-down stage deck, includes: Boucle skirt constructed of 100% synthetic fiber for maximum weather resistance, mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant. Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying. Skirt color shall be the City’s choice. 4.4.8 Electrical Upgrade - Receptacles and panel upgrade for MSP, MSM & MGM; includes Base Electrical Package plus the following:  Main Breaker and ten (10) additional circuit breakers in panel.  Sixteen (16) receptacles mounted in canopy front over eight (8) circuits.  Two (2) Duplex receptacles mounted in canopy rear over two (2) circuits.  Power cord, upgrade to 506/4. 4.4.9 Exterior Flood Lights - Provides light for safety and working during Night hours. Light has a shock-absorbing weatherproof body that will not rust, dent, or scratch. Light is fully adjustable for aiming. 12VDC/3.2 Amps., switch controlled, self-contained operation provides light when stage is not plugged into AC power source. Two (2) lights are Page 103 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 mounted on stage curbside and one (1) on hitch end to allow nighttime loading and safe towing hook-up. 4.4.10 Compartment Lights - Mounted inside portable stage, provides light for working or loading during night hours. Switch controlled light has high and low light settings. Self contained operation provides light when Portable Mobile Stage is not plugged into AC power source. 12VDC/.59/1.34 Amps. 4.4.11 Basic Lighting Package - LED Light Controller capable of handling up to 8 intelligent lights with up to sixteen (16) channels each, 128 channels of DMX control, six (6) sets of chase effects containing 999 steps each, Ability to reverse sliders and reassign channels, Sequential linking of chases, Grab fixture on the fly and set it to automatic or sound-activated mode, and double space (2U) mounting rack.  (8) PAR 56 LED light fixtures and Fixture Clamps.  (8) Safety Cables.  (7) Outdoor rated, power extensions.  (7) Data Extensions, Outdoor rated.  (1) 3-Pin DMX Cable 50’ 4.4.12 Theatrical Light Support Bar - Weather resistant stainless steel “T”-bar support holds up to four (4) par fixtures, and pivots into canopy (with lights attached) for secure storage when not in use.  One (1) pair of support bars is required for Basic & Lighting Package #1 (total of eight (8) fixtures).  Two (2) pair of support bars is required for Intermediate & Lighting Package #2 (total of sixteen (16) fixtures). 4.4.13 Pro-Sound System – (1) 12-Channel Mixing Console features a versatile all-in-one console that can handle up to 12 inputs with internal effects. 12 Input channels (6 Mics + 4 Stereo line inputs), 3 band EQ (Ch Page 104 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 1-7/8), 2 band EQ (Ch 9/10-11/12), 4 busses (Stereo + 2 groups), 1 Aux send + 1 Effect send, 1 Stereo Aux return, SPX Digital multi effects, XLR Connectors, Light weight (3.2 kg)  ........................................................................................................... Two (2) Sound Speakers are 225W amp to power the 12” woofer and a 75W amp to power the 1.75” compression driver. With a frequency range of 50Hz to 20 kHz and a max. SPL of 121dB. Equipped with a 2-band EQ. The powered subwoofer has a built in high pass filter.  ........................................................................................................... Two (2) 50' speaker cables. Two (2) Sound Speaker Stands - Set of Two with Bag  Two (2) Microphone stands w/Telescoping Boom (2) Shure Microphone’s  Four (4) 50’ Mic Cables 4.4.14 Hardware for Hanging Banners - Extends and supports vertical canopy banners left & right side of stage canopy. Bars swing out and lock into place then folds in for transport. 4.4.15 Spare Tire - Full-size spare tire and wheel to match the vehicle's original tire dimensions. 12.00 x 16.5 12 ply tubeless tires load range F rated at 4,045 lbs. each. 4.4.16 200/220 Amp Panel Box - Single phase, 3 wire, 24 circuits, 6 single pole breakers and 2 double pole breakers, copper bus, 120/240 Volts ac. 22,000 interrupting capacity. Suitable for use for larger bands with sound equipment. Page 105 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 4.4.17 Back Stage Electrical Wall Outlets - Tamper resistant GFCI outlets are installed along back stage wall when extra power is required. GFCI outlets are used in outdoor locations where the risk of electrical shock is higher than usual. Tamper resistant design prevents small items from entering electrical devices and preventing anyone from being shocked. 4.4.18 Handicapped Access Lift mounts at rear Mobile Sound Shell door opening to provide wheelchair access to the stage deck. Lift is hydraulically operated controlled by a remote pendent on a 6' cord. Lift platform is 45" long x 30" wide, with a non-skid surface. Lift folds inside Mobile Sound Shell body during transport. Lift capacity is 750 lbs. Operates 48" deck height. 4.4.19 Solar Battery Charger – helps maintain battery charge and reconditions batteries for longer service life whenever stage is exposed to sunlight. Page 106 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 Exhibit III – Warranty for Exhibit I and II A. Warranty The successful Bidder warrants that all goods and materials furnished under this bid will be new unless otherwise specified and that successful Bidder possesses good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods and materials. All goods and materials not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective.The successful Bidder warrants that all goods, materials and workmanship furnished, whether furnished by the successful Bidder or its sub-contractors and suppliers, will comply with the specifications, drawings, and other descriptions supplied or adopted. C. Warranty of Merchantability The Successful Bidder warrants that the goods to be supplied pursuant to the contract are merchantable, of good quality and free from defects, whether patent or latent in material or workmanship. D. Warranty of Material and Workmanship The successful Bidder warrants all material and workmanship for a maximum available warranty no less than five (5) years from date of delivery and acceptance by the City. The successful Bidder shall provide a warranty certificate bound with manuals stating the terms and conditions of the warranty. If within the warranty period, or within such larger period of time as may be prescribed by law or warranted by the Bidder and product manufacturers, any of the materials and workmanship is found to be defective or not in accordance with the contract documents, the successful Bidder shall after receipt of a written notice from the City to do so, promptly correct the condition Page 107 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 unless the City has previously given the successful Bidder a written acceptance of such condition. E. Warranty of intellectual Property The Successful Bidder warrants that there has been no violation of copyright, patent, or other intellectual property rights either in the United States of America or in foreign countries in connection with the work of the contract. F. Service Warranty All warranties made by the Successful Bidder together with service warranties and guarantees shall become the City’s and the successors and assigns of the City. Manufacturer shall provide on-site factory service or contract service through a local Contractor at the discretion of the manufacturer. Standard operation maintenance shall be provided by owner through their own resources. Standard wear components such as tires, brakes, bearings, light bulbs, hydraulic fluid, batteries, electric system components, and hydraulic system components, should be locally available through automotive or industrial supply houses. Manufacturer shall stock all standard wear components or alternatives for a period of ten (10) years for supply to the customer. Body and Deck panels are repairable by most automotive or truck body shops if ever damaged. Repair kits must be available from the manufacturer. G. Engineer’s Letter and Drawings A sealed engineer’s letter certifying the deck and wind load capability of the Portable Mobile Stage is a requirement and shall be submitted with this bid. Drawings with dimensions of the stage, deck, road height, width and all options must be submitted with this bid. Each sample must be marked with the Bidder’s name and manufacturer’s brand name. The City will not be responsible for returning samples. Page 108 of 189 City of Miami Gardens__________________________ Procurement Department 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 RFP#14-15-023 Portable Mobile Stage June 2, 2015 H. Delivery All items shall be delivery FOB destination to a specified City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. I. Video Video showing operation and setup of Portable Mobile Stage must be submitted with bid. J. On-site Training The awarded Bidder shall provide two (2) hours of on-site training on the Portable Mobile Stage by a Factory Authorized Representative at the convenience of the City. K. Quantities No guarantee or warranty is given or implied by the City as to the amount that may or not be purchased from any resulting contract. The City reserves the right to increase or decrease quantities or add or delete any item from the contract if it is determined to be in the best interest of the City at its sole discretion. L. Compliance and Regulations - To be considered responsive to this solicitation, the Bidder shall be in compliance with the following Government agencies regulations: Florida Department of Transportation (FDOT) and American Disability Act (ADA). Page 109 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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: Building Better Communities General Obligation Bond (Miami-Dade County) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name: Cameron Benson, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AMENDMENT TO INTERLOCAL AGREEMENT NO. 3 BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY FOR AN EXTENSION OF THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND (GOB) PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Background: Item K-10) Consent Agenda Resolution Amendment to Interlocal Agreement w/ Miami-Dade County Page 110 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 On November 2, 2004, Miami-Dade County residents approved the Building Better Communities (BBC) General Obligation Bond (GOB) Program. As a result, the City of Miami Gardens received funding for the design and construction of projects at various City parks including North Dade Optimist Park. The City of Miami Gardens and Miami-Dade County executed/amended Interlocal Agreements on February 26, 2007 in the amount of $75,000, on October 29, 2012 in the amount of $1,000,000 and on February 19, 2014 in the amount of $373,000 for a total funding allocation of $1,448,000 for North Dade Optimist Park. Current Situation: The City has successfully utilized BBC GOB funds to construct a new 2502 sq. ft. recreation building including a covered porch and public restroom facilities at North Dade Optimist Park. A lighted 106- space parking lot and all-purpose sports field have also been installed. Additionally, site work including installation of a lift station, storm water system and irrigation has been completed. The Interlocal Agreement required that the City of Miami Gardens utilize all BBC GOB funds within eight (8) years of the effective date (February 26, 2007). To date, BBC GOB funding for North Dade Optimist Park has not been entirely expended and is still available. In order to expend these funds, the City of Miami Gardens requested an extension, making funds available through February 2016. The Miami-Dade County BBC GOB program has agreed to amend the Interlocal Agreement, allowing for the extension for North Dade Optimist Park. The remaining BBC funds will be used to complete planned park renovations and improvements including installation of bleachers, a scoreboard and implementation of an Art in Public Places project. Proposed Action: It is recommended that the City Council approve the amendment to the Building Better Communities Interlocal Agreement between Miami-Dade County and the City of Miami Gardens for Project #54- 71006: North Dade Optimist Park. Attachments A- Amendment to Interlocal Agreement (Miami-Dade County Building Better Communities and the City of Miami Gardens for Project #54-71006: North Dade Optimist Park) B- Interlocal Agreement (Miami-Dade County Building Better Communities and the City of Miami Gardens for Project #54-71006: North Dade Optimist Park) Page 111 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST 5 RESPECTIVELY THAT CERTAIN AMENDMENT TO 6 INTERLOCAL AGREEMENT NO. 3 BETWEEN THE CITY OF 7 MIAMI GARDENS AND MIAMI-DADE COUNTY FOR AN 8 EXTENSION OF THE BUILDING BETTER COMMUNITIES 9 GENERAL OBLIGATION BOND (GOB) PROGRAM, A COPY OF 10 WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING 11 FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 12 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR 13 NUNC PRO TUNC EFFECT; PROVIDING FOR AN EFFECTIVE 14 DATE. (SPONSORED BY THE CITY MANAGER) 15 16 WHEREAS, on November 4, 2004, Miami-Dade County residents approved the 17 Building Better Communities General Obligation Bond (GOB) Program, and 18 WHEREAS, the City of Miami Gardens will receive approximately Nine Million, 19 Eighty Hundred Thirty Thousand Dollars ($9,830,000.00), for the design and 20 construction of several parks, and 21 WHEREAS, the City executed Interlocal Agreements with Miami-Dade County for 22 the acceptance of GOB funding, in the total amount of One Million Four Hundred Forty-23 Four Thousand Dollars ($1,448,000.00), for construction improvements at North Dade 24 Optimist Park, and 25 WHEREAS, to date, the City has utilized the GOB funding to construct a new 26 recreation building, parking lot, an all-purpose sports field and a stormwater and 27 irrigation system, and 28 WHEREAS, in accordance with the terms of the Interlocal Agreement, the City 29 was required to expend all GOB funding by February 2015, and 30 WHEREAS, the City desires to extend the agreement for an additional year, 31 through February 2016, to utilize the remaining funds to complete additional renovations 32 at North Dade Optimist Park, and 33 Page 112 of 189 2 WHEREAS, it is necessary to amend the agreement for this purpose, 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38 made a specific part of this Resolution. 39 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40 hereby authorizes the City Manager and City Clerk to execute and attest, respectively 41 that certain Amendment to Interlocal Agreement No. 3 between the City of Miami 42 Gardens and Miami-Dade for an extension of the Building Better Communities General 43 Obligation Bond (GOB) program for construction at North Dade Optimist Park, a copy of 44 which is attached hereto as Exhibit “A”. 45 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 46 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 47 be maintained by the City, and one to be delivered to Miami-Dade County. 48 Section 4: NUNC PRO TUNC EFFECT: This Resolution shall be effective 49 as of February 19, 2015. 50 Section 5: EFFECTIVE DATE: This Resolution shall take effect immediately 51 upon its final passage. 52 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 53 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 54 55 ___________________________________ 56 OLIVER GILBERT, III, MAYOR 57 58 59 Page 113 of 189 3 60 ATTEST: 61 62 63 __________________________________ 64 RONETTA TAYLOR, MMC, CITY CLERK 65 66 67 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 68 69 70 SPONSORED BY: CAMERON BENSON, CITY MANAGER 71 72 73 Moved by: __________________ 74 75 VOTE: _________ 76 77 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 78 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 80 Councilman David Williams Jr ____ (Yes) ____ (No) 81 Councilwoman Lisa Davis ____ (Yes) ____ (No) 82 Councilman Rodney Harris ____ (Yes) ____ (No) 83 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 84 85 86 87 Page 114 of 189 Page 115 of 189 Page 116 of 189 Page 117 of 189 Page 118 of 189 Page 119 of 189 Page 120 of 189 Page 121 of 189 Page 122 of 189 Page 123 of 189 Page 124 of 189 Page 125 of 189 Page 126 of 189 Page 127 of 189 Page 128 of 189 Page 129 of 189 Page 130 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other 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: (Enter Fund & Dept) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 13-14-040 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: Sponsor Name Cameron Benson, City Manager Department: Development Services and Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN PROPOSAL SUBMITTED BY CALVIN GIORDANO & ASSOCIATES, INC., ATTACHED HERETO AS EXHIBIT “A,” IN THE AMOUNT OF FIFTY THREE THOUSAND, EIGHT HUNDRED DOLLARS ($53,800.00) TO PREPARE AND EVALUATE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: BACKGROUND Item K-11) Consent Agenda Resolution Calvin, Giordano & Associates, Inc. Page 131 of 189 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council approved Resolution No. 2013-116-1912, authorizing the City Manager to negotiate and execute a non-exclusive continuing contract to Calvin Giordano & Associates, Inc. for civil landscape architect, construction engineer, planning, survey, traffic and other engineering services. CURRENT SITUATION Pursuant to Section 163.3191(1), F.S., the City of Miami Gardens evaluated its Comprehensive Development Master Plan (CDMP) to determine if plan amendments were necessary to reflect changes since the Plan adoption in 2006. On March 28, 2014, the City of Miami Gardens submitted a Comprehensive Plan Evaluation and Appraisal notification letter expressing its intent to amend the Comprehensive Development Master Plan through the State Coordinated Review Process pursuant to Section 163.3184(4), F.S. The City has been diligent in performing annual updates of the Capital Improvements Element (CIE) of the CDMP and other updates as necessary through the Expedited State Review Process. However, update of the CDMP is necessary at this time to continue with long range planning functions in order to maintain the long term vision of the City that is fundamental to community progress, and to ensure compliance with state-mandated Community Planning Act laws. FISCAL IMPACT This is an unbudgeted item. Staff is currently projecting a surplus in the General Fund attributed to audits performed by the State on the Telecommunication taxes and the City has received additional funding. Staff is recommending to utilize some of this surplus to fund this item. Proposed Action: That the City Council approves the attached Resolution. Attachment: Exhibit 1 – Calvin Giordano & Associates, Inc. Evaluation and Appraisal Report Page 132 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXECUTE THAT CERTAIN PROPOSAL 5 SUBMITTED BY CALVIN GIORDANO & ASSOCIATES, INC., 6 ATTACHED HERETO AS EXHIBIT “A,” IN THE AMOUNT OF 7 FIFTY THREE THOUSAND, EIGHT HUNDRED DOLLARS 8 ($53,800.00) TO PREPARE AND EVALUATE COMPREHENSIVE 9 PLAN AMENDMENTS; PROVIDING FOR INSTRUCTIONS TO 10 THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 (SPONSORED BY THE CITY MANAGER) 13 14 WHEREAS, pursuant to Section 163.3191(1), F.S., the City of Miami Gardens 15 evaluated its Comprehensive Development Master Plan (CDMP) to determine if plan 16 amendments were necessary to reflect changes since the Plan adoption in 2006, and 17 WHEREAS, on March 28, 2014, the City of Miami Gardens submitted a 18 Comprehensive Plan Evaluation and Appraisal notification letter expressing its intent to 19 amend the Comprehensive Development Master Plan through the State Coordinated 20 Review Process pursuant to Section 163.3184(4), F.S., and 21 WHEREAS, on April 24, 2013, City Council approved Resolution No. 2013-116-22 1912, a non-exclusive continuing contract to Calvin Giordano & Associates, Inc. for civil 23 landscape architect, construction engineer, planning, survey, traffic and other 24 engineering services, and 25 WHEREAS, City staff is recommending that Calvin Giordono be retained to 26 provide the necessary Comprehensive Plan Amendments, 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31 made a specific part of this Resolution. 32 Page 133 of 189 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33 hereby authorizes the City Manager to execute that certain proposal submitted by 34 Calvin Giordano & Associates, Inc., attached hereto as Exhibit “A,” in the amount of 35 Fifty Three Thousand, Eight Hundred Dollars ($53,800.00) to prepare and evaluate 36 Comprehensive Plan Amendments. 37 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 38 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 39 be maintained by the City, and one to be delivered to Calvin Giordano, and Associates, 40 Inc. 41 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42 upon its final passage. 43 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 45 46 ___________________________________ 47 OLIVER GILBERT, III, MAYOR 48 49 50 51 ATTEST: 52 53 54 __________________________________ 55 RONETTA TAYLOR, MMC, CITY CLERK 56 57 58 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59 60 61 SPONSORED BY: 62 63 Moved by: __________________ 64 65 VOTE: _________ 66 Page 134 of 189 3 67 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 69 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilman David Williams Jr ____ (Yes) ____ (No) 71 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72 Councilman Rodney Harris ____ (Yes) ____ (No) 73 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 74 75 Page 135 of 189 Page 136 of 189 Page 137 of 189 Page 138 of 189 Page 139 of 189 Page 140 of 189 Page 141 of 189 Page 142 of 189 Page 143 of 189 Exhibit - 1 Page 144 of 189 Exhibit - 1 Page 145 of 189 Exhibit - 1 Page 146 of 189 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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 Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name Cameron Benson, City Manager Department: City Manager City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE ADMINISTRATIVE FEES FOR THE PRE-ARREST DIVERSION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: The City Council previously authorized the Pre-arrest Diversion Program. The purpose of the Program is to provide a mechanism for first time misdemeanor offenders to participate in a course of treatment with a qualified provider and to avoid an arrest record by doing so. It is appropriate to establish the fees for participation in the Program. City staff recommends that an administrative fees be set in the amount of Two Hundred Fifty Dollars ($250.00), for participation in the Item K-12) Consent Agenda Resolution Pre-Arrest Diversion Program Page 147 of 189 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Program, and that the counseling fee be set at One Hindered Fifty Dollars ($150.00). The counseling fees will be paid directly to the service providers. Proposed Action: That the City Council approve the attached Resolution Attachment: Page 148 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ESTABLISHING THE FEES FOR 4 THE PRE-ARREST DIVERSION PROGRAM; PROVIDING FOR 5 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 6 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 7 8 WHEREAS, the City Council previously authorized the Pre-arrest Diversion 9 Program, and 10 WHEREAS, the purpose of the Program is to provide a mechanism for first time 11 misdemeanor offenders to participate in a course of treatment with a qualified provider 12 and to avoid an arrest record by doing so, and 13 WHEREAS, it is appropriate to establish the fees for participation in the Program, 14 and 15 WHEREAS, City staff recommends that an administrative fees be set at Two 16 Hundred Fifty Dollars ($250.00), for participation in the Program, and that the 17 counseling fee be set at One Hindered Fifty Dollars ($150.00), 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 20 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 21 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 22 made a specific part of this Resolution. 23 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 24 hereby establishes an administrative fee of Two Hundred Fifty Dollars ($250.00), for 25 participation in the Prearrest Diversion Program, and a counseling fee in the amount of 26 One Hindered Fifty Dollars ($150.00). 27 Page 149 of 189 2 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 28 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 29 be maintained by the City, and one to be delivered to ______________. 30 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: 51 52 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59 Councilman David Williams Jr ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63 64 Page 150 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 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) Ye s No Yes No X Funding Source: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev. Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Cameron Benson, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2015-16 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT SERVICE MILLAGE RATE APPROVED BY THE ELECTORATE IN APRIL 2014; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE, DEBT SERVICE MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Item L-1) Resolution Proposed Millage Rate FISCAL YEAR 2015-16 Page 151 of 189 Staff Summary: On July 1, 2015 the City received the certification of 2015 taxable value for fiscal year 2016. Pursuant to Chapter 200, Florida Statues, the City has to certify with Property Appraiser Office utilizing Department of Revenue e-TRIM system, a not-to-exceed millage rate to be levied for fiscal year 2015 no later than 4:30 p.m. on August 4, 2015. The operating roll back rate for FY 2016 is 6.3235 mills. The proposed operating rate is 6.9363 which is the same millage rate as FY 2015. The voted debt service approved by the voters on April 21, 2014 for the parks and recreation improvements and purchase of crime prevention equipment is 1.2398 mill for FY 2016. The rate to be adopted at this meeting is a “not to exceed” rate. At the September budget hearings that are required by law, the Council can reduce this “not to exceed” rate, but should Council decide to increase the “not to exceed rate”, a first class certified mail has to be sent to all voters in the City. Recommendation: Staff recommends that Council approve the millage resolution at 6.9363 mills for the operating and 1.2398 mills for debt service. Attachment: Proposed budget Page 152 of 189 1 RESOLUTION NO. 2015- 2 3 A RESOLUTION OF THE CITY OF MIAMI GARDENS, 4 FLORIDA, ESTABLISHING THE PROPOSED MILLAGE 5 RATE NECESSARY TO BE LEVIED FOR THE FISCAL 6 YEAR 2015-16 FOR OPERATING PURPOSES; 7 ESTABLISHING THE DEBT SERVICE MILLAGE RATE 8 APPROVED BY THE ELECTORATE IN APRIL 2014; 9 SETTING THE DATE, TIME AND PLACE OF PUBLIC 10 HEARINGS TO CONSIDER THE PROPOSED MILLAGE 11 RATE, DEBT SERVICE MILLAGE RATE AND 12 TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS 13 TO THE FINANCE DIRECTOR THROUGH THE CITY 14 MANAGER; AND PROVIDING FOR AN EFFECTIVE 15 DATE. (SPONSORED BY THE CITY MANAGER) 16 17 18 WHEREAS, Chapter 200, Florida Statutes, provides for a uniform procedure 19 for the adoption of ad valorem tax and millage rates associate therewith, and 20 WHEREAS, Section 200.065, Florida Statutes, provides for the adoption of a 21 proposed millage rate, together with the establishment of a roll-back rate computed 22 pursuant to Section 200.065(1), Florida Statutes, and 23 WHEREAS, on July 1, 2015, the Property Appraiser of Miami-Dade 24 County, Florida served upon the City, a Certification of Taxable Value, certifying 25 to the City its 2015 taxable value and 26 WHEREAS, pursuant to the referendum approved by the voters of the City 27 on April 21, 2014, the issuance of General Obligation bonds in an amount of 28 $60,000,000.00 was authorized; and 29 WHEREAS, the City Manager has recommended a budget and a proposed 30 millage that will support the same, based upon the preliminary certified property 31 values provided by the Property Appraiser, and 32 Page 153 of 189 WHEREAS, the provisions of Section 200.065, Florida Statues, require 1 that the City, within thirty-five (35) days of service of the Certification of Taxable 2 Value, furnish to the property Appraiser and Tax Collector the proposed millage 3 rate and the date, time and place at which public hearings will be held to consider 4 the proposed millage rate and the tentative budget, 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9 are hereby made a specific part of this Resolution. 10 Section 2. ADOPTION OF PROPOSED OPERATING MILLAGE 11 RATE: The City Council hereby adopts and establishes the proposed operating 12 millage rate for FY 2015-2016 at 6.9363, which is $6.9363 per $1,000.00 of 13 assessed property within the City of Miami Gardens, Florida. 14 Section 3. COMPUTATION OF OPERATING ROLLBACK RATE: The 15 roll-back rate is 6.3235. 16 Section 4. ADOPTION OF DEBT SERVICE MILLAGE RATE: The City 17 Council hereby adopts and establishes the proposed voted debt service millage 18 rate for FY 2015-2016 at 1.2398 mills as established in accordance with the 19 provisions of law pursuant to Chapter 200, Florida Statutes. 20 Section 5. That the City’s aggregate tentative millage rate is 8.1761 (a 21 combined total Millage of 6.9363 Mills for operating and 1.2398 Mills for debt 22 service). 23 Section 6. ESTABLISHMENT OF DATE, TIME AND PLACE OF 24 PUBLIC HEARING: The date, time and place of the first and second public 25 Page 154 of 189 hearings on the proposed millage rate and tentative budget are set by the City 1 Council as follows: 2 Date Time Place First Budget Hearing: September 8, 2015 ____ 5:01 p.m. City Hall/City of Miami Gardens 18605 NW 27 Ave Miami Gardens, FL 33056 Second Budget Hearing: _September 23, 2015____ 6:00 p.m. City Hall/City of Miami Gardens 18605 NW 27 Ave Miami Gardens, FL 33056 3 Section 4. DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE 4 CITY MANAGER: The Finance Director, through the City Manager, is directed to 5 complete and certify the “Not to exceed” millage rate utilizing the Department of 6 Revenue electronic eTRIM system no later than 4:30 p.m. on August 1, 2015. 7 Section 5. EFFECTIVE DATE: This resolution shall be effective 8 immediately upon its adoption. 9 10 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 11 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON July 22, 2015. 12 13 14 15 __________________________ 16 Oliver Gilbert III, MAYOR 17 ATTEST: 18 19 20 ____________________________________ 21 RONETTA TAYLOR, CMC, CITY CLERK 22 23 Reviewed by SONJA K. DICKENS, ESQ. 24 City Attorney 25 Page 155 of 189 1 SPONSORED BY: Cameron Benson 2 3 MOTION BY:_________________ 4 5 SECOND BY: __________________ 6 7 8 VOTE: __ 9 10 Mayor Oliver Gilbert III (Yes) (No) 11 Vice Mayor Felicia Robinson ____(Yes) ___(No) 12 Councilwoman Lillie Q. Odom (Yes) (No) 13 Councilman David Williams Jr. (Yes) (No) 14 Councilman Rodney Harris (Yes) (No) 15 Councilwoman Lisa Davis (Yes) (No) 16 Councilman Erhabor Ighodaro (Yes) (No) 17 18 Page 156 of 189 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFQ#14-15-025 External Audit Services X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Cameron Benson, City Manager Department: Finance Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO _________________FOR EXTERNAL AUDIT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Background In accordance with Florida Statutes 218.39, all municipalities are required to have an annual audit performed by an independent firm of Certified Public Accountants. On May 27, 2015, the Council has approved Resolution 2015-97-2294 to terminate the current auditing contract with the Sharpton Group. Item L-2) Resolution Bid Award for External Audit Services Page 157 of 189 18605 NW 27 Ave Miami Gardens, Florida 33056 Current Situation Staff has issued a Request for Proposals in accordance with Florida Statute 218.391. The RFP 14-15-025 was posted on June 1, 2015 on Demand Star. The proposals that were received were opened on June 23, 2015. Six proposals were received and publicity read. On May 27, 2015, City Council confirmed the establishment of the audit committee consisting Craig Clay, Assistant City Manager, Patricia Varney, Finance Director and Michael Quesada, Assistant Finance Director. Each committee member was provided the evaluation ranking sheet, proposals, copy of the solicitation and instructions as to the ranking process. On July 13, 2015, an initial Audit Committee was held. The Evaluation determined that the six firms were responsive and responsible to the requirements of the RFP. After evaluation and scoring, the Evaluation Committee ranked all six firms. It was later determined that staff omitted the General Financial Audit line item without fees and the State Single Audit line item for Fiscal year 2015, from the price maximum number of points (10) assigned as specified in the RFP for the Evaluation Criteria. On July 16, 2015, the Evaluation Committee reconvened to allow the Committee to re-score the proposers prices as specified in the Evaluation Criteria, Fees and Expenses, section of the RFP. After rescoring and reaffirmation, the Evaluation Committee scores did not modify the original ranking naming Keefe McCullough, CPA, as the first ranked firm. In accordance with Florida Statutes 218.391(3) (e), the Audit Committee must rank and recommend in order of preference no fewer than three firms deemed to be most highly qualified to perform the required services after considering the factors established in Section 218.391(a) of the Statute. The Audit Committee has ranked all of the firms (Exhibit 3). Oral presentations were scheduled for July 22, 2015 for the ranked firms to present to the City Council. Each firm was given ten minutes to present and five minutes to answer questions. According to Florida Statutes 218.391(4)(b) “If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked qualified firm or must document in its public records the reason for not selecting the highest-ranked qualified firm.” Fiscal Impact The audit amount will be included in the FY 2016 budget. Proposed Action: That the City Council approves the attached resolution authorizing the City Manager to negotiate and execute an agreement with _______________________, located in ______________, FL. for auditing services. Attachments: Exhibit 1 – Bid Tabulation Exhibit 2 – Evaluation Committee overall score sheets Exhibit 3 – Evaluation Ranked Firms Page 158 of 189 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID TO 4 _________________FOR EXTERNAL AUDIT SERVICES; 5 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND 6 EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING 7 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 8 FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY 9 MANAGER) 10 11 WHEREAS, in accordance with Section 218.39, Florida Statues, all municipalities 12 are required to conduct an annual audit by an independent certified public accountant, 13 and, 14 Whereas, on May 27, 2015, City Council confirmed the establishment of an Audit 15 Committee consisting Craig Clay, Assistant City Manager, Patricia Varney, Finance 16 Director and Michael Quesada, Assistant Finance Director, and 17 WHEREAS, a Request for Proposals was posted on June 1, 2015, and 18 WHEREAS, six proposals were received and publicity read, and 19 WHEREAS, in accordance with Florida Statutes 218.391(3)(e), the Audit ranked 20 the firms after considering the factors established in Section 218.391(a) of the Statute, 21 and 22 WHEREAS, the City Council heard oral presentations on July 22, 2015, and 23 WHEREAS, in accordance with Florida Statutes 218.391(4)(b) “If compensation is one 24 of the factors established pursuant to paragraph (3)(a) and used in the evaluation of 25 proposals pursuant to paragraph (3)(d), the governing body shall select the highest-26 ranked qualified firm or must document in its public records the reason for not selecting 27 the highest-ranked qualified firm.” 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30 Page 159 of 189 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32 made a specific part of this Resolution. 33 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34 hereby awarding a bid to ____________ for external audit services, and authorizes the 35 City Manager to negotiate and execute an agreement for this purpose. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 40 41 ___________________________________ 42 OLIVER GILBERT, III, MAYOR 43 44 45 46 ATTEST: 47 48 49 __________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51 52 53 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 54 55 56 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 57 58 59 Moved by: __________________ 60 61 VOTE: _________ 62 63 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 65 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 Page 160 of 189 3 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68 Councilman Rodney Harris ____ (Yes) ____ (No) 69 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70 71 72 73 74 Page 161 of 189 Exhibit - 1 Commodity/Description FY 2015 General Financial Audit General Financial Audit (included all fees) Federal Single Audit State Single Audit GOB Bond Program Children Trust Grant FY 2016 General Financial Audit General Financial Audit (included all fees) Federal Single Audit State Single Audit GOB Bond Program Children Trust Grant FY 2017 General Financial Audit General Financial Audit (included all fees) Federal Single Audit State Single Audit GOB Bond Program Total FY 2015, 2016, 2017 $429,300.00 $395,500.00 $5,000.00 $145,800.00 $5,500.00 $4,000.00 $4,500.00 $4,000.00 $56,000.00 $5,500.00 $4,000.00 $2,000.00 $111,500.00 $53,000.00 Date Bid Opened: June 23, 2015 Bid Submittals: 6 Declinations: 0 TABULATION SHEET $131,500.00 $62,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $68,300.00 $6,500.00 $5,500.00 $4,500.00 GLSC & Company, PLLC Miami, Florida $131,000.00 $60,500.00 $3,500.00 $61,500.00 $5,500.00 $4,500.00 S. Davis & Associates, P.A. Miami, Florida $113,500.00 Alberni Caballero & Fierman, LLP Coral Gables, Florida $139,000.00 $62,000.00 $6,500.00 $4,500.00 $5,000.00 $144,500.00 $65,000.00 $6,500.00 $4,500.00 $127,000.00 $123,000.00 $56,000.00 $4,000.00 $2,500.00 $2,000.00 Anthony Brunson P.A. & BCA Watson Rice, LLP Ft. Lauderdale, FL $127,000.00 $56,000.00 $5,500.00 $4,500.00 $4,000.00 $5,000.00 $106,500.00 $3,500.00 $5,000.00 $51,000.00 $3,500.00 $52,000.00 $2,500.00 $2,500.00 $5,000.00 $2,500.00 $112,000.00 $4,000.00 $2,500.00 $2,500.00 $53,000.00 $4,000.00 $2,000.00 $2,000.00 $113,500.00 $53,000.00 $112,500.00 $51,000.00 RFP No. 14-15-025 External Auditing Services Agency: Finance Department Purchasing Agent: Lindell Y. Miller Harvey, Covington & Thomas Certified Public Accountants and Consultants, LLC Hollywood, Florida $49,500.00 $3,500.00 $4,500.00 $109,500.00 Keefe McCullough Ft. Lauderdale, Florida $110,500.00 $3,500.00 $2,500.00 $2,500.00 $4,000.00 $5,000.00 $5,000.00 $110,500.00 $50,500.00 $3,500.00 $5,000.00 $50,000.00 $2,500.00 $2,500.00 $43,500.00 $48,000.00 $50,000.00 $53,000.00 $55,500.00 $56,500.00 $43,500.00 $49,000.00 $50,000.00 $53,000.00 $58,000.00 $57,500.00 $3,500.00 $3,500.00 $133,000.00 $5,500.00 $3,500.00 Bid Tabulation Revised July 16, 2015 $43,500.00 $50,000.00 $50,000.00 $53,000.00 $61,000.00 $58,500.00 $3,500.00 $4,500.00 $326,500.00 $335,000.00 $338,500.00 $377,000.00 $2,500.00 $2,000.00 Page 162 of 189 Page 163 of 189 RFP/RFQ #: 6/1/15 Title:6/23/15 Agency:6 Project Manager:NA Negotiator:7/22/15 Responsive (Yes / No) Responsible (Yes / No)Rank Vendors Listed Alphabetically Address City State - Country Zone Zip Yes Yes 4 Alberni Caballero & Fierman, LLP 4649 Ponce de Leon Boulevard Suite 404 Coral Gables FL 33146 Yes Yes 5 Anthony Brunson, CPA 801 Brickell Avenue Suite 900 Miami FL 33131 Yes Yes 3 GLSC & Company, PLLC 6303 Blue Lagoon Drive, Suite 200 Miami FL 33126 Yes Yes 2 Harvey, Covington & Thomas Certified Public Accounts and Consultants, LLC 3816 Hollywood Boulevard Suite 203 Hollywood FL 33021 Yes Yes 1 Keefe McCullough, CPA 6550 N. Federal Highway 4th Floor Fort Lauderdale FL 33308 Yes Yes 6 S. Davis & Associates, P.A 1031 Ives Dairy Road Miami FL 33179 7/14/15 7/16/15COMMENTS: Date Created: Date Updated: NA Presentation/Ranking Date: Patty Varney Short List Date: 14-15-025 Date Advertised: Date Opened: Finance Department Number of Responses Received: External Auditing Services Page 164 of 189 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 22, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Cameron Benson, City Manager Department: Development Services and Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DR., INC. FOR A MODIFICATION OF THE DECLARATION OF RESTRICTIVE COVENANTS, AS PROFFERED BY RESOLUTION NO. 2009-177-1123-Z-90, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Background Item O-1) Quasi-Judicial Resolution JPM Centre at Miami Gardens Dr., Inc. Page 165 of 189 The subject property is located at 3931 NW 183 Street. It is approximately 221,631 sq. ft. or 5.09 acres. JPM Centre at Miami Gardens Dr., Inc. (JPMCI) was conveyed these 5.09 Acres by Miami-Dade County and the U.S Department of Housing and Urban Development to build housing for at-risk youth and elderly residents. According to JPMCI, the site is 96% complete with Phase 1. JPM Centre, Inc. has requested a modification/waiver of the Declaration of Restrictions, dated 12/18/2009. The requests are as follows: • To modify perimeter wall requirement: • To modify consistency with revised landscape requirements; and • To modify parking requirements. Proposed Action: It is recommended the City Council approve the proposed resolution to modify a previously approved Declaration of Restrictions pertaining to JPM Centre at Miami Gardens Dr., Inc. as stipulated in the Staff recommendation attached. Attachments: Attachment “A”- Declaration of Restrictions, recorded 12/18/2009, Book 27120/Page3412, CFN# 20090903446, Public Records of Miami-Dade County. Attachment “B”- JPM Centre at Miami Gardens Drive, letter of intent, dated April 29th, 2015. Attachment”C”- -Legal Description Attachment “D”- Site Pictures Attachment “E”- JPM Centre Housing Site Plan Page 166 of 189 Added language is underlined. Deleted language is stricken through. RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION 4 SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DR., 5 INC. FOR A MODIFICATION OF THE DECLARATION OF 6 RESTRICTIVE COVENANTS, AS PROFFERED BY RESOLUTION 7 NO. 2009-177-1123-Z-90, PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 9 (SPONSORED BY THE CITY MANAGER) 10 11 WHEREAS, pursuant to Resolution No. 2009-177-1123-Z-90, the JPM Centre at 12 Miami Gardens Dr., Inc. (“Applicant”) was granted a special exception and variance 13 relating to property generally located at the Northeast corner of 183rd Street and 14 Northwest 42nd Avenue, more particularly described on Exhibit “A” attached hereto, and 15 WHEREAS, as a condition of said waiver, the Applicant, proffered a Declaration 16 of Restrictive Covenants to the City, and 17 WHEREAS, the Applicant seeks a modification of the following conditions of the 18 Declaration of Restrictions: 19 4. CBS Wall Required Iron Fence and Landscape Required. That a 6.0' 20 high iron fence be installed along the perimeter of the property abutting 21 residentially zoned property to include landscape buffer in conformance with 22 ARTICLE XIV- MINIMUM LANDSCAPE and BUFFERING 23 REQUIREMENTS; FENCES; WALLS; HEDGES. All plans shall meet with 24 the approval of the Development Services Director or his/her designee prior 25 to issuance of a building permit. 26 27 5. Landscape Plans Required. Landscape plans shall include stem wall 28 and perimeter landscaping with royal palm trees, spaced 25 feet apart with 29 a minimum gray bark of 12 feet, adequate to shield parking areas from the 30 ROWs; 10.0’ wide sidewalk along the perimeter of the property abutting 31 183rd Street and 42nd Avenue; pedestrian access to and from the property. 32 All plans shall meet with the approval of the Development Services 33 Director prior to issuance of a building permit Landscape plans shall 34 comply, to the best extent physically possible with ARTICLE XIV- MINIMUM 35 LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; 36 HEDGES; the City's current landscape requirements. Landscape shall be 37 adequate to shield parking areas from the ROWs; pedestrian access to and 38 Page 167 of 189 2 Added language is underlined. Deleted language is stricken through. from the property. All plans shall meet with the approval of the Administrative 39 Official or his designee prior to issuance of a building permit. 40 41 9. Sidewalk Dedication Required. The Applicant shall not be required to 42 dedicate additional land necessary to achieve the 10’ sidewalks abutting 43 183rd Street or 42nd Avenue during the platting process, Said dedications 44 shall be shown on a separate plan to be known as the Sidewalk Dedication 45 Survey and submitted to the City with the tentative plat. Said sidewalk 46 dedications shall be made prior to the issuance of a certificate of 47 occupancy. 48 49 10. 9.All The parking areas for the 5.09 acres shall be paved, striped, and 50 adequate drainage and signage shall be provided meeting the approval of 51 the Public Works Department prior to issuance of the first building 52 certificate of occupancy. 53 54 WHEREAS, the City staff has determined that the modification is consistent with 55 the Comprehensive Master Development and recommends approval of the application, 56 and 57 WHEREAS, the City Council has considered the testimony of the Applicant, if 58 any, and 59 WHEREAS, the City Council has also considered the testimony of the City’s 60 Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, and 61 incorporated herein by reference, 62 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 63 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 64 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 65 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 66 made a specific part of this Resolution. 67 Section 2: APPROVAL OF MODIFICATION: The City Council of the City of 68 Miami Gardens hereby approves a modification to the conditions in the Declaration of 69 Restrictive Covenants as follows: 70 Page 168 of 189 3 Added language is underlined. Deleted language is stricken through. 4. CBS Wall Required Iron Fence and Landscape Required. That a 6.0' 71 high iron fence be installed along the perimeter of the property abutting 72 residentially zoned property to include landscape buffer in conformance with 73 ARTICLE XIV- MINIMUM LANDSCAPE and BUFFERING 74 REQUIREMENTS; FENCES; WALLS; HEDGES. All plans shall meet with 75 the approval of the Development Services Director or his/her designee prior 76 to issuance of a building permit. 77 78 5. Landscape Plans Required. Landscape plans shall include stem wall 79 and perimeter landscaping with royal palm trees, spaced 25 feet apart with 80 a minimum gray bark of 12 feet, adequate to shield parking areas from the 81 ROWs; 10.0’ wide sidewalk along the perimeter of the property abutting 82 183rd Street and 42nd Avenue; pedestrian access to and from the property. 83 All plans shall meet with the approval of the Development Services 84 Director prior to issuance of a building permit Landscape plans shall 85 comply, to the best extent physically possible with ARTICLE XIV- MINIMUM 86 LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; 87 HEDGES; the City's current landscape requirements. Landscape shall be 88 adequate to shield parking areas from the ROWs; pedestrian access to and 89 from the property. All plans shall meet with the approval of the Administrative 90 Official or his designee prior to issuance of a building permit. 91 92 9. Sidewalk Dedication Required. The Applicant shall not be required to 93 dedicate additional land necessary to achieve the 10’ sidewalks abutting 94 183rd Street or 42nd Avenue during the platting process, Said dedications 95 shall be shown on a separate plan to be known as the Sidewalk Dedication 96 Survey and submitted to the City with the tentative plat. Said sidewalk 97 dedications shall be made prior to the issuance of a certificate of 98 occupancy. 99 100 10. 9. Parking Area Paved. All The parking areas for the 5.09 acres shall be 101 paved, striped, and adequate drainage and signage shall be provided 102 meeting the approval of the Public Works Department prior to issuance of 103 the first building certificate of occupancy. 104 105 Section 3: DECLARATION OF RESTRICTIVE COVENANTS: The City 106 Council of the City of Miami Gardens hereby approves the revised Declaration of 107 Restrictive Covenants attached hereto as Exhibit “C.” 108 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 109 upon its final passage. 110 Page 169 of 189 4 Added language is underlined. Deleted language is stricken through. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 111 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2015. 112 113 ___________________________________ 114 MAYOR OLIVER GILBERT, III 115 116 117 118 119 ATTEST: 120 121 122 __________________________________ 123 RONETTA TAYLOR, MMC, CITY CLERK 124 125 126 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 127 128 129 SPONSORED BY: CAMERON BENSON, CITY MANAGER 130 131 Moved by: __________________ 132 133 VOTE: _________ 134 135 Mayor Oliver Gilbert, III ____ (Yes) ____ (No) 136 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 137 Councilman David Williams Jr. ____ (Yes) ____ (No) 138 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 139 Councilman Rodney Harris ____ (Yes) ____ (No) 140 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 141 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 142 143 144 145 146 147 Page 170 of 189 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 18605 NW 27th Avenue Miami Gardens, Florida 33056 This Instrument Prepared by: Sonja K. Dickens, Esquire 18605 NW 27th Avenue Miami Gardens, Florida 33056 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA AMENDED DECLARATION OF RESTRICTIONS WHEREAS, JPM Centre of Miami Gardens, Florida ("Applicant"), owns certain property located at the Northeast Corner of Northwest 183rd Street and Northwest 42nd Avenue ("Property"), more particularly described on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens for: (A) A Special Exception to allow residential uses in the BU-1A, Business Limited District; and B) Non-Use Variance to allow a building height of 64.5’ where a maximum building height of 45.0’ is allowed. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1. Site Plan. That the development be constructed in substantial accordance with those submitted for hearing entitled “JPM Enrichment Center Preliminary Bid Set” as prepared by Leo A. Daly, consisting of sheets A0.1 to A0.2, AH2.1 to 2.4, AH3.1 to 3.2, AA1.1.-1 to 1-4, AA3 1-1 to 1-2, AA3 1.1-1 to 1-2, AA3.2-1, AG1.2, AG3.2 dated September 28, 2007 (“Plans”), as determined by the Development Page 171 of 189 2 Services Director. 2. Security. Applicant shall provide security on site whenever the natatorium and gymnasium are being operated. 3. Use of Property. The housing is only to accommodate persons transitioning out of foster care, and to provide housing for persons at risk as may be needed, subject to the uses identified on the Plan. 4. Iron Fence and Landscape Required. That a 6.0' high iron fence be installed along the perimeter of the property abutting residentially zoned property to include landscape buffer in conformance with ARTICLE XIV- MINIMUM LANDSCAPE and BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES. All plans shall meet with the approval of the Development Services Director or his/her designee prior to issuance of a building permit. 5. Landscape Plans Required. Landscape plans shall comply, to the best extent physically possible with ARTICLE XIV- MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES; the City's current landscape requirements. Landscape shall be adequate to shield parking areas from the ROWs; pedestrian access to and from the property. All plans shall meet with the approval of the Administrative Official or his designee prior to issuance of a building permit. 6. Maintenance. The Applicant shall be responsible for the maintenance and upkeep of the entire property. 7. DRC Comments. All City DRC comments dated January 8, 2009 from the Planning and Zoning Department dated January 14, 2009, from the Public Works Department, and dated January 14, 2009 from the Building Department shall be addressed or abated prior to issuance of building permit for the elderly building. 8. Platting Required. The property shall be platted in accordance with Miami- Dade County Chapter 28, prior to issuance of a certificate of occupancy. 9. Parking Area Paved. The parking area for the 5.09 acres shall be paved, striped, and adequate drainage and signage shall be provided meeting the approval of the Public Works Department prior to issuance of the first building certificate of occupancy. 10. Termination. The approval contained herein shall expire at the end of twenty four (24) months. In the event, Applicant has not obtained a valid building permit for the development within such time or obtained or has obtained an extension of time from the City Council, the approval contained herein shall be considered Page 172 of 189 3 null and void. 11. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 12. Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 13. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrument suitable for recordation acknowledging such modification, amendment or release. 14. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 15.Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 16. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any Page 173 of 189 4 other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 17. Executed Copy to be provided to the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may request, in writing, an extension of said thirty-day timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 18. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 19. Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. 20. Acceptance of Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. 21. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 22. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 23. Severability. All rights, powers and remedies provided herein may be exercised Page 174 of 189 5 only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 24. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW) Page 175 of 189 6 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ _______________________ BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name _________________________ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Oliver Gilbert Date:___________________________ Page 176 of 189 Page 177 of 189 PARCEL “A” A PORTION OF TRACT 121 MIAMI GARDENS SUBDIVISION OF SECTION 5, TOWNSHIP 52 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 96 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) OF SAID SECTION 5, THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST ALONG THE WEST LINE OF THE SAID SOUTHEAST ONE-QUARTER (1/4) ½ FOR 585.58 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 21 SECONDS EAST FOR 50.00 FEET TO THE POINT OF BEGINNING OF A PARCEL HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 89 DEGREES 57 MINUTES 21 SECONDS EAST FOR 181.25 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 41 SECONDS EAST FOR 212.25 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 19 SECONDS WEST FOR 21.40 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 12 SECONDS EAST FOR 173.28 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 23 SECONDS WEST FOR 160.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST, ALONG A LINE 50 FEET EAST OF AND PARALLEL TO SAID WEST LINE OF THE SAID SOUTHEAST ONE-QUARTER (1/4) OF SECTION 5 FOR 385.57 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: TRACT “A” OF EL DORADO PLAZA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 99, AT PAGE 88 OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA LESS AND EXCEPT: A PORTION OF TRACT “A” OF THE PLAT OF EL DORADO PLAZA, AS RECORDED IN PLAT BOOK 99, PAGE 88 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING IN THE SOUTHEAST ONE-QUARTER (SE ¼) OF SECTION 5, TOWNSHIP 52 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID TRACT “A” OF THE PLAT OF EL DORADO PLAZA; THENCE RUN N02º43’50”W, ALONG THE WEST LINE OF SAID TRACT “A” A DISTANCE OF 3.360 METERS (11.02 FEET) TO THE INTERSECTION WITH THE NORTH LINE OF THE SOUTH 3.360 METER (11.02 FEET) OF SAID TRACT “A”, THENCE RUN N87º12’50”E ALONG SAID NORTH LINE A DISTANCE OF 60.331 METERS (197.94 FEET); THENCE RUN S80º09’36”E A DISTANCE OF 15.372 METERS (50.43 FEET) TO THE INTERSECTION WITH THE SOUTH LINE OF SAID TRACT “A” AND THE NORTH RIGHT-OF-WAY LINE OF MIAMI GARDENS DRIVE (N.W. 183RD STREET/STATE ROAD 860) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 87503-2608, AS RECORDED IN ROAD PLAT BOOK 101 AT PAGE 95 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN S87º12’50”W ALONG LAST DESCRIBED LINE A DISTANCE OF 75.334 METERS (247.16 FEET) TO THE WEST LINE OF SAID TRACT “A” AND THE POINT OF BEGINNING. PARCEL “B” PORTION OF TRACTS 122-123 AND 124 OF MIAMI GARDENS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 96 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 50 FEET NORTH AND 645.61 FEET EAST OF THE SW CORNER OF THE SE ¼ OF THR SECTION, EAST 414 FEET, NORTH 535.29 FEET, WEST 414 FEET, SOUTH 536.77, TO THE POINT OF BEGINNING. Page 178 of 189 Page 179 of 189 Page 180 of 189 Page 181 of 189 Page 182 of 189 Page 183 of 189 Page 184 of 189 Page 185 of 189 . 1 STAFF RECOMMENDATION PZ-2015-000767 APPLICATION INFORMATION Applicant: The JPM Centre at Miami Gardens Dr., Inc. Property Location: 3931 NW 183rd Street Property Size: 5.09 acres Future Land Use: Neighborhood Existing Zoning: NC, Neighborhood Commercial Requested Action(s): Modify Declaration of Restrictions: 1. To Modify Perimeter Wall requirement; 2. To Modify Landscape Plan requirements; 3. To Modify Parking requirements; and 4. To Release Sidewalk Dedication Required. RECOMMENDATION: Recommend approval of the Resolution to Modify the Declaration of Restrictions subject to the following conditions: 1. Restriction #4. Perimeter Wall to be modified from: 4. CBS Wall Required. That a 6.0' high CBS wall be installed along the perimeter of property abutting residentially zoned property to 4. Iron Fence and Landscape Required. That a 6.0' high iron fence be installed along the perimeter of the property abutting residentially zoned property to include landscape buffer in conformance with ARTICLE XIV- MINIMUM LANDSCAPE and BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES. All plans shall meet with the approval of the Director of Development Services or his/her designee prior to issuance of a building permit. 3. Restriction #5. Street-side Landscape to be modified from: 5. Landscape Plans Required. Landscape plans shall include stem wall and perimeter landscaping with royal palm trees, spaced 25 feet apart with a minimum gray bark of 12 feet, adequate to shield parking areas from the ROWs; 10.0' wide sidewalk along the perimeter of the property abutting 183rd Street and NW 42nd Avenue; pedestrian access to and from the property. All plans shall meet with the approval of the Development Services Director prior to issuance of a building permit. Page 186 of 189 . 2 to 5. Landscape Plans Required. Landscape plans shall comply, to the best extent physically possible with ARTICLE XIV- MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES; the City's current landscape requirements. Landscape shall be adequate to shield parking areas from the ROWs; pedestrian access to and from the property. All plans shall meet with the approval of the Administrative Official or his designee prior to issuance of a building permit. 4. Parking Area Modification – All parking areas shall be paved, striped, and adequate drainage and signage shall be provided meeting the approval of the Public Works Department prior to the issuance of the first building certificate of occupancy. 5. Sidewalk Dedication Required – The Applicant shall not be required to dedicate additional land necessary to achieve the 10’ sidewalks abutting 183rd Street or 42nd Avenue during the platting process, Said dedications shall be shown on a separate plan to be known as the Sidewalk Dedication Survey and submitted to the City with the tentative plat. Said sidewalk dedications shall be made prior to the issuance of a certificate of occupancy. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Subject Site Neighborhood NC, Neighborhood Commercial Apartments for Youth and Elderly, Vacant North Neighborhood R-1, Single Family Residential Single Family Residential South Neighborhood R-15, Multiple Family Residential Multiple Family Residential, Townhouses East Neighborhood R-1, Single Family Residential Single Family Residential West Neighborhood NC, Neighborhood Commercial Place of Religious Assembly The subject property is 5.09 acres encompassing the eastern portion of an 11.8 acre property that is primarily utilized as a place of religious assembly. The western portion (not part of the subject property) is developed. The subject property is under development. Three existing residential apartment buildings Page 187 of 189 . 3 along the easterly portion of the site are to be occupied by at-risk female youth, at-risk male youth and elderly persons, respectively. In addition to the residential uses adjacent to the site, a convenience store/gasoline service station is located at the northeast corner of NW 183rd Street and NW 42nd Avenue. Project Summary/Background • In 2009 the City rezoned the 5.09 acre site from Multiple Family Residential to Limited Commercial which became the current NC, Neighborhood Commercial zoning district in 2010, pursuant to the City's new Land Development Regulations. See attached, Resolution No. 2009-177-1123-Z-90. The related Declaration of Restrictions tied a site plan to the site that includes the 3 residential buildings plus future auditorium, gymnasium and a natatorium. • The Applicant requests that the Declaration of Restrictions be amended to allow: 1. An ornamental iron fence with a landscape buffer along the perimeter in lieu of a CBS wall (cement block); 2. Delete the requirement to provide a 10' sidewalk and Royal Palm trees on NW 183rd Street consistent with the City's revised landscape requirements; and 3. Modification of parking requirements for the “entire” site. The applicant is phasing out the project. It is assumed that this request relates to the 5.09 acres under consideration. • Modification of Landscape and Buffer Requirements - Regarding the required CBS Perimeter Wall, the site is somewhat elevated from adjacent homes. The required cement block wall, with its deep foundation, is particularly suited to separating commercial land uses from residential land uses. In this case, there are one-story residential apartments on the site adjacent to the one story single family homes. In the future, there will be recreational facilities, the gymnasium and the natatorium, adjacent to the single family residential use. These uses do not require a significant buffer from single family residential uses. The proposed decorative iron fence with landscape represents a reasonable separation between uses provided that the landscape materials should provide an essentially opaque screen between the uses within one year of planting. Regarding the requirements for a 10' sidewalk and royal palm trees, the City has discontinued those requirements for arterial roadways by amending the Landscape Requirements in the LDR. Therefore, it is appropriate and consistent with the code to remove these requirements. • Modification of Parking Requirements- The Letter of Intent dated April 29, 2015 requests that parking requirements be modified for the entire site. The Zoning Chart submitted with the Application dated May 27, 2015 notes that for Phase 1, housing for at-risk youth and elderly residents, the parking requirement is exceeded at 41 spaces Page 188 of 189 . 4 required and 53 spaces provided. The Zoning Chart also notes that 490 Total Spaces are required with 701 Proposed Spaces for the Total Site to be provided, again exceeding the requirement. Therefore the request is recommended for approval. Conclusion: The requested to modify perimeter wall requirement and to provide for consistency with the City’s revised landscape requirements, pursuant to Article XIV- Minimum Landscape and Buffering Requirements; Fences; Walls; Hedges are reasonable and are recommended for approval. At the date of this writing, the request to modify parking requirements in phases are recommended for approval for the Housing subject property. Attachments: Letter of Intent Survey Resolution No. 2009-177-1123-Z-90 Declaration of Restrictions, Recorded in ORB 27120, Page 3412 Amended and Restated Declaration of Restrictions JPM Center Housing Site Plan JPM Photos Page 189 of 189