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HomeMy WebLinkAbout05.24.2017 City Council AgendaMay 24, 2017, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: May 24, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: June 14, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. 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 – April 26, 2017 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Vice Mayor Ighodaro – Special Presentation F-2) Councilwoman Davis – Mother’s Day Honorees (G) PUBLIC COMMENTS 1 of 110 May 24, 2017, City Council Agenda Page 2 (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – May 10, 2017) (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, RECOGNIZING MAY AS OLDER AMERICANS MONTH IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR BUS SHELTER MAINTENANCE TO SANCHEZ ARANGO CONSTRUCTION CO.; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS NOT TO EXCEED TWO HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS ($221,891.00) FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-3) (A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 18330 & 18450 NORTHWEST 12TH AVENUE (THE PROPOSED SENIOR FAMILY CENTER), ATTACHED HERETO AS EXHIBIT 2 of 110 May 24, 2017, City Council Agenda Page 3 “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. SPONSORED BY THE CITY MANAGER) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CRY WOLF FALSE ALARMS SOLUTIONS, FOR ALARM MONITORING SERVICES BY RELYING UPON RFP NUMBER 061314, FIRE ALARM BILLING AND COLLECTION SERVICES, ISSUED BY THE CITY OF OAKLAND PARK, ATTACHED HERETO AS “EXHIBIT A”; 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 COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THAT BUNCHE PARK POOL BE CONSTRUCTED AT A MAXIMUM DEPTH OF TEN (10) FEET INSTEAD OF FIVE (5) FEET AND THAT FUNDS FOR THIS PURPOSE BE ALLOCATED FROM THE CONTINGENCY FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ERHABOR IGHODARO) QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK P-1) MGPD MONTHLY REPORT – APRIL 2017 (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS 3 of 110 May 24, 2017, City Council Agenda Page 4 (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. 4 of 110 18605 NW 27 Ave Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: 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 Sponsor Name Cameron Benson, City Manager Department: City Manager Finance Short Title: AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENT; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY’S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: During the Fiscal Year 2017, additional service has been identified that was not included in the original adopted budget. This service is to provide weekend trolley services to the citizens. The service began on November 12, 2016. This additional cost will be funded from the CITT transit fund balance. The impact for FY 2017 is approximately $160,000. As of September 30, 2016, the CITT transit fund balance is $883,820.78. Proposed Action: Staff recommends Council to adopt the Budget Ordinance Attachment: Budget Ordinance Agenda Item I-1 FY 2017 Budget Amendment 5 of 110 Page 1 of 3 Revised FY 16-17 Budget Ordinance ORDINANCE NO. 2017_____ 1 2 AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, 3 AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL 4 YEAR; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN 5 ACTIONS; PROVIDING FOR ADOPTION OF 6 REPRESENTATIONS; REPEALING ALL ORDINANCES IN 7 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 8 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in accordance with Section 4.5 of the City of Miami Gardens 11 Charter, the City Council adopted a Budget for Fiscal Year 2016-2017, and 12 WHEREAS, it is appropriate to provide for certain transfers, appropriations 13 and authorizations based upon previous and anticipated expenditures and 14 revenues, 15 WHEREAS, the City Council has determined that it is necessary to amend 16 the budget to reflect these changes, 17 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 19 20 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing 21 Whereas Clauses are hereby ratified and confirmed as being true, and the same 22 are hereby made a specific part of this Ordinance. 23 SECTION 2. AMENDMENT TO BUDGET: 24 The following amounts are hereby appropriated from fund balance for the 25 following funds, said monies appropriated will be part of the adopted annual 26 operating budget for the fiscal year beginning October 1, 2016, and ending 27 September 30, 2017: 28 29 30 6 of 110 Page 2 of 3 Revised FY 16-17 Budget Ordinance 1 2 3 4 SECTION 3. INSTRUCTIONS TO THE CITY MANAGER: The City 5 Manager shall take all actions necessary to implement the terms and conditions 6 of this ordinance. 7 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict 8 herewith are hereby repealed. 9 SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, 10 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional 11 by any court of competent jurisdiction, such portion shall be deemed a separate, 12 distinct and independent provision and such holding shall not affect the validity of 13 the remaining portions of this Ordinance. 14 SECTION 6. EFFECTIVE DATE: This ordinance shall take effect 15 immediately upon its passage. 16 17 PASSED on first reading this 10th day of April, 2017 18 19 PASSED AND ADOPTED on second reading this___ day of __________, 2017. 20 21 22 23 ____________________________ 24 Oliver Gilbert III, MAYOR 25 26 ATTEST: 27 28 29 ____________________________ 30 RONETTA TAYLOR, CMC, CITY CLERK 31 32 Reviewed by SONJA K. DICKENS, ESQ. 33 City Attorney 34 Purpose Amount Account No.Fund Source Fund Trolley Weekend Services $160,00010-41-06-541-340-00 CITT Transit Fund Balance 10-00-00-389-903-00 Transportation Fund 7 of 110 Page 3 of 3 Revised FY 16-17 Budget Ordinance 1 SPONSORED BY: Cameron D. Benson, City Manager 2 3 MOVED BY:_________________________ 4 5 SECONDED BY::___________________________ 6 7 8 VOTE: 9 10 Mayor Oliver Gilbert III (Yes) (No) 11 Vice Mayor Erhabor Ighodaro (Yes) (No) 12 Councilwoman Felicia Robinson (Yes) (No) 13 Councilwoman Lillie Odom (Yes) (No) 14 Councilwoman Lisa Davis (Yes) (No) 15 Councilman David Williams Jr. (Yes) (No) 16 Councilman Rodney Harris (Yes) (No) 17 18 19 20 8 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 207 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: 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 Communication Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address) N/A Sponsor Name Councilwoman Lisa C. Davis Department: Mayor & Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING MAY AS OLDER AMERICANS MONTH IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Each May, the Administration for Community Living (ACL) leads our nation’s celebration of Older Americans Month (OAM). ACL designed the 2017 OAM theme, Age Out Loud, to give aging a new voice – one that reflects what today’s older adults have to say. This theme shines a light on many important trends. More than ever before, older Americans are working longer, trying new things, and engaging in their communities. They are taking charge, striving for wellness, focusing on independence, and advocating for themselves and others. What it means to age has changed, and OAM 2017, is a perfect opportunity to recognize and celebrate what getting older looks like today. Agenda Item K-1 Older Americans Month 9 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 Councilwoman Lisa C. Davis is encouraging the community to amplify the many voices of older Americans and raise awareness of vital aging issues in Miami Gardens and across the country. Proposed Action: RECOMMENDATION: That City Council approves the resolution recognizing May as Older Americans Month in Miami Gardens. Attachment: 10 of 110 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RECOGNIZING MAY AS OLDER 4 AMERICANS MONTH IN THE CITY OF MIAMI GARDENS; 5 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 6 PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, each May, the Administration for Community Living (ACL) leads our 9 nation’s celebration of Older Americans Month (OAM), and 10 WHEREAS, ACL designed the 2017 OAM theme, Age Out Loud, to give aging a 11 new voice, one that reflects what today’s older adults have to say, and 12 WHEREAS, this theme shines a light on many important trends, and 13 WHEREAS, more than ever before, older Americans are working longer, trying 14 new things, and engaging in their communities, and 15 WHEREAS, they are taking charge, striving for wellness, focusing on 16 independence, and advocating for themselves and others, and 17 WHEREAS, what it means to age has changed, and OAM 2017, is a perfect 18 opportunity to recognize and celebrate what getting older looks like today, and 19 WHEREAS, Councilwoman Lisa C. Davis is encouraging the community to 20 amplify the many voices of older Americans and raise awareness of vital aging issues in 21 Miami Gardens and across the country, 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: RECOGNITION: The City Council of the City of Miami Gardens 28 hereby recognizes May as Older Americans Month in the City of Miami Gardens. 29 11 of 110 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30 upon its final passage. 31 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 33 34 ___________________________________ 35 OLIVER GILBERT, III, MAYOR 36 37 38 39 ATTEST: 40 41 42 __________________________________ 43 RONETTA TAYLOR, MMC, CITY CLERK 44 45 46 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 47 48 49 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 50 51 Moved by: __________________ 52 53 VOTE: _________ 54 55 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 56 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 57 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 58 Councilman Rodney Harris ____ (Yes) ____ (No) 59 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 61 Councilman David Williams Jr ____ (Yes) ____ (No) 62 63 12 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 2017 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 X Funding Source: CITT Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 16-17-028 – Bus Shelter Maintenance X Sponsor Name: Cameron Benson, City Manager Department: Miami Gardens Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR BUS SHELTER MAINTENANCE TO SANCHEZ ARANGO CONSTRUCTION CO.; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS NOT TO EXCEED TWO HUNDRED TWENTY ONE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS ($221,891.00) FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND The City of Miami Gardens Public Works Department continues to maintain any incidentals necessary for bus shelter cleaning, inspection, maintenance, repairs, and all related services for one hundred twenty-one (121) bus shelters, three hundred twenty-five (325) bus benches, and four hundred fifty (450) trash receptacles. CURRENT SITUATION On February 14, 2017, Invitation to Bid (ITB) Number 16-17-028 for Bus Shelter Maintenance was solicited via BidSync. The Invitation To Bid (ITB) closed on March 23, 2017. Two (2) bids were received. Bid submittals from Sanchez Arango Construction Co. and SGA Management, Inc., were received and publicly read (Exhibit 1). Agenda Item K-2 Bus Shelter Maintenance 13 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 The City staff evaluated the bids for compliance with the specifications. All vendors were deemed responsible and responsive to the requirements of the Invitation To Bid (ITB). The initial term of the contract is for two (2) years. The City reserves the right to exercise the option to renew annually (subject to the appropriation of funds), not to exceed a maximum of three (3) one (1) year periods. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for review. FISCAL IMPACT The funding for the maintenance expenses is derived from CITT transit. The cost above is just an estimated based on the highest utilization of the service and repair costs. Staff will ensure that the costs will be spent within the annual budget allocation. Proposed Action: It is recommended that the City Council approve the City staff’s Recommendation For Award of Invitation to Bid (ITB) Number 16-17-028 for Bus Shelter Maintenance to Sanchez Arango Construction Co. authorizing the City Manager to issue purchase orders not to exceed two hundred twenty one thousand eight hundred ninety one dollars ($221,891) based on the estimated unit repair cost. Attachment: Exhibit 1 – Bid Tabulation 14 of 110 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID FOR BUS 4 SHELTER MAINTENANCE TO SANCHEZ ARANGO 5 CONSTRUCTION CO.; AUTHORIZING THE CITY MANAGER TO 6 ISSUE PURCHASE ORDERS NOT TO EXCEED TWO HUNDRED 7 TWENTY ONE THOUSAND EIGHT HUNDRED NINETY ONE 8 DOLLARS ($221,891.00) FOR THIS PURPOSE; PROVIDING FOR 9 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on February 14, 2017, Invitation to Bid (ITB) Number 16-17-028 for 13 Bus Shelter Maintenance was solicited via BidSync, and 14 WHEREAS, the ITB closed on March 23, 2017, and two (2) bids were received, 15 and 16 WHEREAS, bid submittals from Sanchez Arango Construction Co. and SGA 17 Management, Inc., were received and publicly read, and 18 WHEREAS, City staff evaluated the bids for compliance with the specifications, 19 and all vendors were deemed responsible and responsive to the requirements of the 20 ITB, and 21 WHEREAS, the initial term of the contract is for two (2) years, the City reserves 22 the right to exercise the option to renew annually (subject to the appropriation of funds), 23 not to exceed a maximum of three (3) one (1) year periods, and 24 WHEREAS, Staff recommends the City Council awards ITB Number 16-17-028 25 for Bus Shelter Maintenance to Sanchez Arango Construction Co., and authorize the 26 City Manager execute an Agreement for that purpose, and 27 WHEREAS, Staff also recommends the City Council authorize the City Manager 28 to issue purchase orders to Sanchez Arango Construction Co. not to exceed Two 29 Hundred Twenty One Thousand Eight Hundred Ninety One Dollars ($221,891.00) 30 based on the estimated unit repair cost, 31 15 of 110 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 33 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 34 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 35 made a specific part of this Resolution. 36 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby 37 awards Invitation To Bid Number 16-17-028 for Bus Shelter Maintenance to Sanchez 38 Arango Construction Co. The City Council further authorizes the City Manager to issue 39 purchase orders to Sanchez Arango Construction Co. not to exceed Two Hundred 40 Twenty One Thousand Eight Hundred Ninety One Dollars ($221,891.00) for this 41 purpose. 42 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 43 upon its final passage. 44 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 47 48 ___________________________________ 49 OLIVER GILBERT, III, MAYOR 50 51 52 ATTEST: 53 54 55 __________________________________ 56 RONETTA TAYLOR, MMC, CITY CLERK 57 58 59 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 60 61 62 16 of 110 3 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 63 64 Moved by: __________________ 65 66 VOTE: _________ 67 68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71 Councilman Rodney Harris ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74 Councilman David Williams Jr ____ (Yes) ____ (No) 75 76 17 of 110 ITB#16-17-028 Bus Shelter Maintenance ITEM NO.DESCRIPTION UN I T O F M E A S U R E (U O M ) ES T I M A T E D A N N U A L QU A N T I T Y RE P A I R P R I C E L A B O R O N L Y (E A C H ) TO T A L ( E S T I M A T E D AN N U A L Q U A N T I T Y X U N I T PR I C E = T O T A L P R I C E UN I T O F M E A S U R E (U O M ) ES T I M A T E D A N N U A L QU A N T I T Y RE P A I R P R I C E L A B O R O N L Y (E A C H ) TO T A L ( E S T I M A T E D AN N U A L Q U A N T I T Y X U N I T PR I C E = T O T A L P R I C E 1 Advertising Panel (REPLACEMENT)EA 2 500.00$ 1,000.00$ EA 2 600.00$ 1,200.00$ 2 Bench Polyester EA 4 150.00$ 600.00$ EA 4 180.00$ 720.00$ 3 Electrical System (Replacement) N/A N/A N/A N/A 4 Rear Center Post EA 2 340.00$ 680.00$ EA 2 408.00$ 816.00$ 5 Front Posts (each) EA 6 340.00$ 2,040.00$ EA 6 408.00$ 2,448.00$ 6 Rear Right Post EA 3 340.00$ 1,020.00$ EA 3 408.00$ 1,224.00$ 7 Rear Left Post EA 2 340.00$ 680.00$ EA 2 408.00$ 816.00$ 8 Roof MSM Solar R-6061 N/A N/A N/A N/A 9 Bench Cross member EA 4 340.00$ 1,360.00$ EA 4 408.00$ 1,632.00$ 10 Bottom Left Cross member EA 2 340.00$ 680.00$ EA 2 408.00$ 816.00$ 11 Upper Cross member EA 2 340.00$ 680.00$ EA 2 408.00$ 816.00$ 12 Tempered Glass Design 1 EA 50 195.00$ 9,750.00$ EA 50 180.00$ 9,000.00$ 13 Tempered Glass Design 2 EA 50 195.00$ 9,750.00$ EA 50 180.00$ 9,000.00$ 14 Tempered Glass Design 3 EA 50 195.00$ 9,750.00$ EA 50 180.00$ 9,000.00$ 15 Tempered Glass Design 4 EA 50 195.00$ 9,750.00$ EA 50 180.00$ 9,000.00$ 16 Concrete Cut (Under 8" in depth) LF 200 10.00$ 2,000.00$ LF 200 12.00$ 2,400.00$ 17 Furnish and install 6" concrete slab SF 150 15.00$ 2,250.00$ SF 150 18.00$ 2,700.00$ 18 Furnish and install 6" Stamped Concrete Slab (to Match Existing) SF 30 45.00$ 1,350.00$ SF 30 54.00$ 1,620.00$ 19 Trash Receptacle (Installation & Removal)EA 30 75.00$ 2,250.00$ EA 30 90.00$ 2,700.00$ 20 Trash Receptacle - Minor Repairs EA 31 50.00$ 1,550.00$ EA 31 60.00$ 1,860.00$ 21 Bus Bench (Installation & Removal)EA 20 75.00$ 1,500.00$ EA 20 90.00$ 1,800.00$ 22 Bus Bench - Minor repairs EA 21 50.00$ 1,050.00$ EA 21 60.00$ 1,260.00$ 23 Advertising Panel Glass EA 6 150.00$ 900.00$ EA 6 180.00$ 1,080.00$ 24 Advertising Panel Acrylic EA 6 90.00$ 540.00$ EA 6 108.00$ 648.00$ 25 Replacing Advertising Posters EA 200 15.00$ 3,000.00$ EA 200 18.00$ 3,600.00$ 26 Replacing Map Frame & Glass EA 201 25.00$ 5,025.00$ EA 201 30.00$ 6,030.00$ 69,155.00$ 72,186.00$ Sanchez Aranago Construction Co.SGA Management, Inc. AWARD TOTAL COSTAWARD BASED ON TOTAL COST Exhibit 1 Page 1 of 2 18 of 110 ADDITIONAL PRICING FOR BUS SHELTER CLEANING AND INSPECTION ITEM NO.DESCRIPTION UN I T O F M E A S U R E (U O M ) ES T I M A T E D A N N U A L Q U A N T I T Y CY C L E S P E R Y E A R CL E A N I N G A N D I N S P E C T I O N ( E A C H ) TO T A L ( C L E A N I N G A N D I N S P E C T I O N X ES T I M A T E D Q U A N T I T Y X C Y C L E S P E R YE A R UN I T O F M E A S U R E (U O M ) ES T I M A T E D A N N U A L Q U A N T I T Y CY C L E S P E R Y E A R CL E A N I N G A N D I N S P E C T I O N ( E A C H ) TO T A L ( C L E A N I N G A N D I N S P E C T I O N X ES T I M A T E D Q U A N T I T Y X C Y C L E S P E R YE A R 1 Bus Shelter (Includes Adjacent Trash Receptacle)LS 121 12 $ 68.00 $ 98,736.00 LS 121 12 67.14 $97,487.28 (A) 2 Bench Polyester EA 325 4 $ 20.00 $ 26,000.00 EA 325 4 30.52 $39,676.00 (A) 3 Trash Receptacle EA 350 4 $ 20.00 $ 28,000.00 EA 350 4 30.52 $42,728.00 TOTAL 152,736.00$ TOTAL $179,891.28 (A) SGA Management Inc.Sanchez Arango Construction Co. Exhibit 1 Page 2 of 2 19 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 2017 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: (Enter Fund & Dept.) N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A 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: X Sponsor Name: Cameron D. Benson, City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT AGREEMENT WITH MIAMI- DADE COUNTY FOR THE PROPERTY LOCATED AT 18330 & 18450 NORTHWEST 12TH AVENUE (THE PROPOSED SENIOR FAMILY CENTER), ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The subject property located at 18330 & 18450 NW 12th Avenue was acquired by the City from the Archdiocese of Miami (Archdiocese) in 2009 with the intent of demolishing the existing structures and constructing a new Senior Family Center. In order to allow redevelopment of the property, the City adopted Ordinance No. 2016-17-363 on October 12, 2016 to rezone the property from GP-Governmental Property to PD Planned Development. Agenda Item K-3 Covenant Agmnt w/Miami-Dade County 20 of 110 Current Situation According to records from Miami Dade County’s Division of Environmental Resources Management (DERM), on December 11, 2003, a variance (Board Order 04-23) was granted by the Environmental Control Board (EQCB) to the former property owner – the Archdiocese, to allow the City of North Miami Beach to locate a public utility potable water supply well, referred to as Well No. 21, on the site. Any future development of the site would have to ensure that potential sources of contamination are located at least 100 feet from the well. Recently, DERM has determined that the condition No. 1 of the variance which required the Archdiocese to execute a covenant running with the land in favor of Miami-Dade County was never met and that a covenant was never recorded by the Archdiocese as required. As the City has since acquired title to the property and is the new owner, DERM is requiring the City to execute a covenant in conformance with the provisions of Section 24-43 of the Code of Miami Dade-County. Proposed Action: That the City Council approve the proposed Resolution for a Covenant running with the land in conformance with the provisions of Section 24-43 of the Code of Miami Dade-County. Attachments: Exhibit “A” – Survey and Legal Description Exhibit “B” – Well No. 21 Location Map Exhibit “C” – Letter from DERM Exhibit “D” – Covenant 21 of 110 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXECUTE A COVENANT AGREEMENT WITH 5 MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 6 18330 & 18450 NORTHWEST 12TH AVENUE (THE PROPOSED 7 SENIOR FAMILY CENTER), ATTACHED HERETO AS EXHIBIT 8 “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the property located at 18330 & 18450 Northwest 12th Avenue was 12 acquired by the City from the Archdiocese of Miami (Archdiocese) in 2009 with the 13 intent of demolishing the existing structures and constructing a new Senior Family 14 Center, and 15 WHEREAS, on October 12, 2016, the City adopted Ordinance No. 2016-17-363 16 to rezone the subject property from Governmental Property (GP) to Planned 17 Development (PD), in order to allow redevelopment of the property, and 18 WHEREAS, on December 11, 2003, a variance was granted by the 19 Environmental Control Board (EQCB) to the Archdiocese, to allow the City of North 20 Miami Beach to locate a public utility potable water supply well, referred to as Well No. 21 21, on the site, and 22 WHEREAS, any future development of the site would have to ensure that 23 potential sources of contamination are located at least one hundred (100) feet from the 24 well, and 25 WHEREAS, recently, Miami Dade County’s Division of Environmental Resources 26 Management (DERM) has determined that the condition No. 1 of the variance, which 27 required the Archdiocese to execute a covenant running with the land in favor of Miami-28 Dade County, was never met and that a covenant was never recorded by the 29 Archdiocese, as required, and 30 22 of 110 2 WHEREAS, as the City has since acquired title to the property and is the new 31 owner, DERM is requiring the City to execute a covenant in conformance with the 32 provisions of Section 24-43 of the Code of Ordinances of Miami Dade-County, and 33 WHEREAS, City Staff is recommending the City Council authorize the City 34 Manager and City Attorney to negotiate and execute a Covenant running with the land 35 in conformance with the provisions of Section 24-43 of the Code of Miami Dade-County, 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 38 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40 made a specific part of this Resolution. 41 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 42 hereby authorizes the City Manager and City Attorney to negotiate and execute a 43 Covenant running with the land in conformance with the provisions of Section 24-43 of 44 the Code of Miami Dade-County pertaining to a water supply well for the property 45 located at 18330 & 18450 Northwest 12th Avenue, attached hereto as Exhibit “A”. 46 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 47 upon its final passage. 48 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 49 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 50 51 ___________________________________ 52 OLIVER GILBERT, III, MAYOR 53 54 55 23 of 110 3 ATTEST: 56 57 58 __________________________________ 59 RONETTA TAYLOR, MMC, CITY CLERK 60 61 62 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63 64 65 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 66 67 Moved by: __________________ 68 69 VOTE: _________ 70 71 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 72 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 73 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 74 Councilman Rodney Harris ____ (Yes) ____ (No) 75 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 77 Councilman David Williams Jr ____ (Yes) ____ (No) 78 79 24 of 110 North Miami Beach Potable Water Well EXHIBIT “A” – Survey and Legal Description 25 of 110 North Miami Beach Potable Water Well 26 of 110 North Miami Beach Potable Water Well EXHIBIT “B” – Well No. 21 Location Map 27 of 110 North Miami Beach Potable Water Well AERIAL MAP 28 of 110 North Miami Beach Potable Water Well EXHIBIT “C” – Letter From DERM 29 of 110 30 of 110 31 of 110 32 of 110 33 of 110 34 of 110 North Miami Beach Potable Water Well EXHIBIT “D” – Covenant 35 of 110 2 COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY The undersigned, City of Miami Gardens being the present owner(s) of the following described real property (hereinafter called “the Property”): Folio No.: 34-2101-000-0040 See Exhibit “A” Located at 18330 N.W. 12th Avenue, Miami-Dade County, Florida pursuant to a variance from Section 24-43(5) of the Code of Miami Dade County, Florida by the Miami-Dade County Environmental Quality Control Board, hereby submit(s) this executed covenant running with the land in favor of Miami-Dade County. The undersigned agree(s) and covenant(s) to the following: 1. Hazardous materials, shall not be used, generated, handled, disposed of, discharged or stored on that portion of the Property within the Northwest Wellfield protection area or within the West Wellfield Interim protection area or within the basic wellfield protection area of any other utility potable water supply well, except that de minimis quantities of hazardous materials (not including hazardous waste) and lubricating oils and hydraulic fluids necessary to the operation of stationary equipment integral to the operation of a building, shall be allowed outside the thirty (30) day travel time of any utility potable water supply well, provided that the use, handling, or storage of said de minimis quantities occur inside a building and provided that said lubricating oils and hydraulic fluids are contained within the closed sealed reservoirs of the stationary equipment; except that 2. Hazardous wastes shall not be used, generated, handled, disposed of, discharged or stored on that portion of the Property within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area, or within the South Miami Heights Wellfield Complex, or within the average day pumpage wellfield protection area, or within the basic wellfield protection area of any other utility potable water supply well, except that small quantity generators, as defined in Section 24-5 of the Code, of hazardous waste are allowed outside the basic wellfield protection area of a utility potable water supply well (except for utility potable water supply well within the Northwest Wellfield protection area, and the West Wellfield Interim protection area) when the water pollution prevention and abatement measures and practices set forth below have been provided; (i) A monitoring program for the detection of pollution caused or which may be caused by hazardous materials, and (ii) Secondary containment for the storage of fifty-five (55) U.S. gallons or more of hazardous materials, and (iii) Inventory control and record-keeping of hazardous materials, and (iv) Storm water management controls to prevent the introduction of hazardous materials into the storm water collection and discharge system, and (v) Protection and security of facilities utilized for the generation, storage, usage, handling, disposal or discharge of hazardous materials. 36 of 110 3 3. Fuels, lubricants and other materials required for rockmining operations (lake excavations, concrete batch plants, rock crushing and aggregate plants) within the Northwest Wellfield protection area or within the West Wellfield Interim protection area; electrical transformers and existing land uses required by the Director or the Director’s designee to correct violations of this chapter; shall not be prohibited when the following water pollution prevention and abatement measures and practices will be provided: (i) A monitoring program for the detection of pollution caused or which may be caused by hazardous materials, and (ii) Secondary containment for the storage of fifty-five (55) U.S. gallons or more of hazardous materials, and (iii) Inventory control and record-keeping of hazardous materials, and (iv) Storm water management controls to prevent the introduction of hazardous materials into the storm water collection and discharge system, and (v) Protection and security of facilities utilized for the generation, storage, usage, handling, disposal or discharge of hazardous materials. Said water pollution prevention and abatement measures and practices shall be subject to the approval of the Director of the Department of Environmental Resources Management or the Director’s designees. However, the water pollution prevention and abatement measures shall not be required for electrical transformers serving residential land uses. 4. The use, handling or storage of factory pre-packaged products intended primarily for domestic use or consumption which contain hazardous materials shall not be prohibited, provided however, that: (i) The storage of factory prepackaged products shall only occur within a building, and (ii) The nonresidential land use is an office building use (or equivalent municipal land use) or a business district use (or equivalent municipal land use) engaged exclusively in retail sales of factory prepackaged products intended primarily for domestic use or consumption, and (iii) The nonresidential land use is served or is to be served by utility water and utility sanitary sewers, and (iv) Said building is located more than thirty (30) days travel time from any utility potable water supply well. 5. Prior to the entry into a landlord-tenant relationship with respect to the Property, the undersigned agree(s) to notify in writing all proposed tenants of the Property of the existence and contents of this Covenant. 6. The undersigned agree(s) and covenant(s) that this Covenant and the provisions contained herein may be enforced by the Director of Environmental Resources Management by temporary, permanent, prohibitory, and mandatory injunctions as well as otherwise provided for by law or ordinance. 7. This agreement and Covenant shall be recorded, at the undersigned’s expense, in the Public Records of Miami- Dade County, Florida and the provisions hereof shall constitute a Covenant Running with the Land and shall remain in full force and effect and be binding upon the undersigned, their heirs, legal representatives, estates, successors, grantees and assigns. 8. This agreement and Covenant shall upon request by the undersigned be released by the Director of the Department of Environmental Resources Management or the Director’s designee when the Director or the Director’s designee determines that the Property is neither within the Northwest Wellfield protection area nor within the West Wellfield Interim protection area nor within the average day pumpage wellfield protection area, or the outer wellfield protection zone of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest 37 of 110 4 Wellfield, South Miami Heights Wellfield Complex, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield nor within the basic wellfield protection area of any public utility potable water supply well. 9. This Covenant is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Covenant is recorded after which time it shall be extended automatically for successive periods of ten years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the Covenant in whole, or in part, provided that the Covenant has first been modified or released by Miami-Dade County as specified herein. IN WITNESS WHEREOF, the undersigned have caused this Covenant to be executed this ___________ day of ______________, 20_____. City of Miami Gardens WITNESSES: Sign __________________________ City Manager ________________________ Print __________________________ Sign __________________________________ Sign __________________________ Print _________________________________ Print __________________________ Title __________________________________ Address _______________________________ ________________________________ WITNESSES: Sign __________________________ Assistant City Manager____________________ Print __________________________ Sign __________________________________ Sign __________________________ Print _________________________________ Print __________________________ Title __________________________________ Address _______________________________ ________________________________ STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _______________ day of ___________, 20____, by ___________________________, as _____________________ of _______________________________________, a Florida corporation, on behalf of the corporation. He or she is personally known to me or has produced __________________ as identification and did take an oath. NOTARY PUBLIC: Sign ________________________________ Print _______________________________ State of Florida at Large (Seal) My Commission Expires: THIS INSTRUMENT PREPARED BY: Mirna Leal DERM - Code Coordination and Public Hearings 701 N.W. 1st Court, 4th Floor MIAMI, FLORIDA 33136 38 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 2017 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 (Revenue) 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 #: RFP NO. 16-17-044 (P) - Fire Alarm Billing and Collection Services X Sponsor Name: Cameron D. Benson City Manager Department: Miami Gardens Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CRY WOLF FALSE ALARMS SOLUTIONS, FOR ALARM MONITORING SERVICES BY RELYING UPON RFP NUMBER 061314, FIRE ALARM BILLING AND COLLECTION SERVICES, ISSUED BY THE CITY OF OAKLAND PARK, ATTACHED HERETO AS “EXHIBIT A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND The City of Miami Gardens Police Department, for the past five (5) years, has utilized AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solutions to administer the City’s False Alarm Reduction Program. CURRENT SITUATION In order to continue the City’s False Alarm Reduction Program, the City will require administration, billing and collecting of response fees, services and support, from a qualified vendor. Agenda Item K-4 Agmnt with Cry Wolf False Alarm 39 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 The City of Oakland Park solicited, Request For Proposals (RFP) Number 061314, Fire Alarm Billing and Collection Services, on May 21, 2014. Proposals were due June 19, 2014, and were opened shortly, thereafter. Proposals were received from AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution; PMAM Corporation, and Trax Financial, Inc. (Exhibit 1). The contract was awarded to the highest ranked proposer, AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solutions, based on price and the evaluation factors set forth in the solicitation. The initial term of the contract is for a five (5) year period, commencing on September 2, 2014, and ending on September 1, 2019, with an option to renew for one (1) additional five (5) year term upon mutual consent, evidenced by a written Amendment to the agreement extending the term thereof (Exhibit 2). As consideration for its performance of the services pursuant to this agreement, Request For Proposal (RFP) Number 06131, the contractor, AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution, will be entitled to receive the following percentages of all revenue collected, per calendar year. Only bank fees and credit card fees (if any) will be paid from gross collections before revenue sharing percentages are applied. Range of Collections Based on Annual Collections Periods % Collections 0 - $60,000 33% $60,001 - $120,000 25% $120,001 and above 18% AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution will administer the program, register alarms and conduct annual renewal registration. AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution program interfaces seamlessly with the Police Department’s Computer Aided Dispatch System (CAD) to provide downloaded information for billing. This request to piggyback Request For Proposal (RFP) Number 061314, Fire Alarm Billing and Collection Services, is pursuant to the City of Miami Gardens, FL Code of Ordinance Section 2-757(b)(2). FISCAL IMPACT The revenue sharing percentages of this proposed contract is slightly favorable to the City than the current contract that is about to expire on May 17, 2017. The revenue and expenses are approved at the FY 2017 budget. 40 of 110 18605 NW 27th Avenue Miami Gardens, Florida 33056 Proposed Action: It is recommended that the Council approve accessing/piggybacking a competitively solicited Request For Proposals (RFP) Number 061314, established by the City of Oakland Park for Fire Alarm Billing and Collection Services, to AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solutions for the City of Miami Gardens Police Department, thru September 1, 2019. Attachments: Exhibit 1 - False Alarm Billing and Collection Vendor Ranking Memorandum Exhibit 2 - RFP Number 061314- Award Resolution/Agreement 41 of 110 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO AN AGREEMENT WITH CRY WOLF 5 FALSE ALARMS SOLUTIONS, FOR ALARM MONITORING 6 SERVICES BY RELYING UPON RFP NUMBER 061314, FIRE 7 ALARM BILLING AND COLLECTION SERVICES, ISSUED BY 8 THE CITY OF OAKLAND PARK, ATTACHED HERETO AS 9 “EXHIBIT A”; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, for the past five (5) years, the City of Miami Gardens Police 13 Department, has utilized AOT Public Safety Corporation, d/b/a Public Safety 14 Corporation or Cry Wolf False Alarms Solutions (Cry Wolf), to administer the City’s 15 False Alarm Reduction Program, and 16 WHEREAS, in order to continue the City’s False Alarm Reduction Program, the 17 City requires administration, billing and collecting of response fees, services and 18 support, from a qualified vendor, and 19 WHEREAS, on May 21, 2014, the City of Oakland Park solicited Request For 20 Proposals (RFP) Number 061314, Fire Alarm Billing and Collection Services, and 21 WHEREAS, proposals were received from Cry Wolf, PMAM Corporation, and 22 Trax Financial, Inc., and 23 WHEREAS, the contract was awarded to the highest ranked proposer, Cry Wolf, 24 based on price and the evaluation factors set forth in the solicitation, and 25 WHEREAS, the initial term of the contract was for a five (5) year period, 26 commencing on September 2, 2014, and ending on September 1, 2019, with an option 27 to renew for one (1) additional five (5) year term, and 28 WHEREAS, Cry Wolf interfaces seamlessly with the Police Department’s 29 Computer Aided Dispatch System (CAD) to provide downloaded information for billing, 30 and 31 42 of 110 2 WHEREAS, City Staff recommends the City Council authorize the City Manager 32 to enter into an Agreement with Cry Wolf for alarm monitoring services by relying on 33 RFP Number 061314, Fire Alarm Billing and Collection Services, attached hereto as 34 “Exhibit A”, and 35 WHEREAS, this request for reliance upon RFP Number 061314 is made as 36 pursuant to the City of Miami Gardens’ Code of Ordinance Section 2-757(b)(2), 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 does hereby authorizes the City Manager to enter into an Agreement with AOT Public 44 Safety Corporation, d/b/a Public Safety Corporation or Cry Wolf False Alarms Solutions 45 (Cry Wolf), for alarm monitoring services by relying upon RFP Number 061314, Fire 46 Alarm Billing and Collection Services, issued by the City of Oakland Park. 47 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 48 upon its final passage. 49 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 50 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 51 52 ___________________________________ 53 OLIVER GILBERT, III, MAYOR 54 ATTEST: 55 56 57 __________________________________ 58 43 of 110 3 RONETTA TAYLOR, MMC, CITY CLERK 59 60 61 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 62 63 64 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 65 66 Moved by: __________________ 67 68 VOTE: _________ 69 70 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 71 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 72 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 73 Councilman Rodney Harris ____ (Yes) ____ (No) 74 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 75 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 76 Councilman David Williams Jr ____ (Yes) ____ (No) 77 78 44 of 110 AGREEMENT FOR PUBLIC SAFETY SERVICES/FIRE ALARM COLLECION SERVICES THIS AGREEMENT is made and entered into this _____ day of ___________, 2017, by and between the City of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “City”), and AOT Public Safety Corporation d/b/a Public Safety Corporation or CryWolf False Alarm Solutions, a company authorized to do business in the State of Florida, with a business address of 103 Paul Mellon Court, Waldorf, MD 20602, hereinafter referred to as “Consultant”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, after City Council approval, the City Manager selected TO Piggyback the City of Oakland Park solicited, Request For Proposals (RFP) Number 061314 for False Alarms Solutions and agreed to contract with AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solutions to perform the services described in the City of Oakland Park solicited, Request For Proposals (RFP) Number 061314, City of Miami Gardens RFP No. 16-17-044(P). 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 of Oakland Park for Fire Alarm Billing and Collection Services RFP#061314 and Agreement, City of Miami Gardens RFP No. 16-17-044(P). (Exhibit I). 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. City of Oakland Park for Fire Alarm Billing and Collection Services RFP#061314 and Agreement (Exhibit I) Article 2 Scope of Work 45 of 110 The Consultant shall provide all labor, transportation, materials, and equipment necessary to provide Fire Alarm Billing and Collection Services to the City, in accordance with the terms, conditions, and specifications contained in the City of Oakland Park RFP#061314 and Agreement. . SERVICES AND RESPONSIBILITIES CONTRACTOR hereby agrees to perform the False Alarm/Elevator Rescue Administration Services ("Services") requested by the CITY as more particularly described in Exhibit "I" attached hereto, and its Response to the RFP, attached hereto. CONTRACTOR shall schedule regular meetings with CITY representatives during the term of this Agreement as needed to discuss the Services. CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the Services to be provided by CONTRACTOR pursuant to the terms of this Agreement. CONTRACTOR hereby represents to CITY that CONTRACTOR is properly licensed by the applicable federal, state, and local agencies to provide the services under this Agreement. Furthermore, CONTRACTOR agrees to maintain such licenses during the term of this Agreement. If CONTRACTOR's licenses are revoked, suspended, or terminated for any reason by any governmental agency, CONTRACTOR shall notify the CITY immediately. CONTRACTOR hereby agrees to conduct all work and services under this Agreement in accordance with all the applicable federal, state, and local laws or regulations. A violation of any federal, state, or local law or regulation may be cause for breach, allowing the CITY to terminate this Agreement. Both parties expect that the False Alarm/Elevator Rescue Billing Collection Services will be fully implemented and operational within one hundred and twenty (120) days from the date the CITY executes this Agreement and agree to work expeditiously to accomplish this schedule. Article 3 Qualifications The Consultants and the individual executing this Agreement on behalf of the Consultant warrant to the City that the Consultant is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Consultant possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. 46 of 110 Article 4 Compensation As consideration for its performance of the services pursuant to this agreement, Request For Proposal (RFP) Number 06131, the contractor, AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution, will be entitled to receive the following percentages of all revenue collected, per calendar year. Only bank fees and credit card fees (if any) will be paid from gross collections before revenue sharing percentages are applied. Range of Collections Based on Annual Collections Periods % Collections 0 - $60,000 33% $60,001 - $120,000 25% $120,001 and above 18% AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution will administer the program, register alarms and conduct annual renewal registration. AOT Public Safety Corporation d/b/a Public Safety Corporation or Cry Wolf False Alarms Solution program interfaces seamlessly with the Police Department’s Computer Aided Dispatch System (CAD) to provide downloaded information for billing See Exhibit “I” B. City of Oakland Park for Fire Alarm Billing and Collection Services RFP#061314 and Agreement The City’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Council. Consultant 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 Consultant 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 Consultant. Article 5 Completion Time The work described herein shall begin upon receipt of the purchase order and completed upon City final acceptance. The City and Consultant agree that, should permit or program deadlines change, Consultant will inform the CITY of the changes in a timely manner, and new deadlines for the CITY shall be established. Article 6 Records/Right to Inspect and Audit 47 of 110 The Audit working papers are the sole property of the Consultant. Provided the City is in full compliance with its contract with Consultant, Consultant will allow a successor Consultant to inspect Consultant’s audit working papers, and consultant will cooperate with such successor Consultant at no additional cost. Consultant shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a minimum of three (3) years after completion date of the audit. The City Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of Consultant’s working papers. The City may cancel this Agreement for refusal by Consultant to allow access by the City Manager or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statues. Article 7 Indemnification Subject to the limitations of Section 768.28 Florida Statutes, CONSULTANT 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 CONSULTANT, by or on behalf of the CONSULTANT, or resulting from any violation by the CONSULTANT 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 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 CONSULTANT, 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 CONSULTANT from any liability or claim arising out of the negligent performance or failure of performance of CONSULTANT 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 8 Insurance 48 of 110 Consultant must submit with their bid, proof of insurance meeting or exceeding the following requirements or a letter of intent to provide the following requirements if awarded the contract: The City reserves the right but not the obligation to revise any insurance requirement, or reject any insurance coverage which fail to meet the criteria stated herein at any time. The City reserves the right to require Contractor/Vendor to provide and pay for any other insurance coverage the City deems necessary, depending upon the possible exposure to liability or loss. These insurance requirements shall not limit the liability of the Contractor/Vendor. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the Contractor/Vendor’s interests or liabilities, but are merely minimums. 1) Workers’ Compensation: Coverage is to apply for all persons fulfilling this contract for statutory limits in compliance with the law of the State of Florida and any applicable federal laws. The policy must include Employer’ Liability with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease. The City will not accept certificates of exemption. Confirmation that Workers Compensation is provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted is required. 2) Commercial General Liability: Occurrence Form Required: Contractor shall maintain commercial general liability (CGL) insurance with limits of not less than: Bodily Injury • $1,000,000 each occurrence for bodily injury and property damage • $1,000,000 Annual general aggregate Property Damage • $1,000,000 Each Occurrence • $1,000,000 Annual Aggregate Personal Injury • $1,000,000 Annual Aggregate Completed Operations and Products Liability shall be maintained for Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. 3) Commercial Automobile Liability: Contractor shall maintain automobile liability insurance with a limit of not less than $1,000,000 each occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto 49 of 110 fulfilling duties under this agreement (including owned, hired, and non-owned autos). The policy shall provide contractual liability coverage. 4) Professional Liability/Malpractice/Errors or Omissions: Licensed professional or consulting work such as that provided by engineer shall maintain professional liability or malpractice or errors or omissions insurance with limits of $1,000,000 per occurrence. a. If claims-made the retro date shall be prior or equal to the effective date of any contract with the City. The coverage shall be renewed or include a “tail” or Discovery, or continuous renewal of coverage for a period of 3 years following the completion of the project. 5) Umbrella or Excess Liability insurance can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. 6) Special Requirements: Certificate of Insurance shall confirm in writing that all applicable provisions apply. a. Evidence of Insurance: A copy of the Contractor/Vendor’s current certificate of insurance MUST be provided with the response to this bid. A formal certificate shall be provided upon announcement that a Contractor has been awarded the work. The Certificate(s) shall be signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates of Insurance must be on file with and approved by the City before commencement of any work activities. The formal insurance certificate shall also comply with the following: 1. Additional Insured: “City of Miami Gardens and its Elected Officials, Agents, Representatives, Employees, and Volunteers” shall be named as an "Additional Insured" on all policies except Worker’s Compensation. Additional Insured coverage shall be provided with the following ISO forms or similar policy provisions providing equal to or broader than coverage: One of the following forms or its equivalent: CG 2026 (Additional Insured–Designated Person or Organization) OR CG 2010 (Additional Insured-Owners Lessees Contractors) OR CG 2038 (Additional Insured-Automatic Status). 2. Notification: The policy shall provide a 10-day notification clause in the event of cancellation, non-renewal, material modification, or any other lapse in coverage of the policy. In the event the insurance policy does not provide such notification, Contractor shall provide notification to the City. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be delivered to the City 10 days prior to said expiration date. b. Primary & Non Contributory 50 of 110 This Insurance shall be considered primary to any other insurance. Coverage shall be provided with the following ISO form or similar policy provision providing equal to or broader than coverage: CG 2001 (Primary and Noncontributory – Other Insurance Condition). c. Waiver of Subrogation All of Contractor’s Liability policies, except Professional Liability, will waive rights of recovery against the City. Coverage shall be provided with the following CGL ISO form or similar policy provision providing equal to or broader than coverage: CG 2404 (Waiver of Transfer of Rights of Recovery Against Others to Us). d. Subcontractors’ Compliance: It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements. e. Financial Stability: The policies of insurance shall be written on forms acceptable to the City and placed with insurance carriers authorized by the Insurance Department in the State of Florida. All insurance carriers must meet a minimum financial AM Best company rating of no less than: “A- Excellent: FSC VII. City reserved the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. The successful bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Miami Gardens as additional insured Article 9 Terms This Agreement shall become effective upon the execution by both parties and shall continue in force for an initial period of five (5) years. This Agreement shall have an initial term of five (5) years, which commenced, on September 2, 2014, and ending on September 1, 2019. This Agreement may be renewed for one (1) additional five (5) year term upon mutual consent, evidenced by a written Amendment to this Agreement extending the term hereof. Article 10 Termination The City may, for its convenience and without cause, terminate this Agreement by giving Consultant written notice at least thirty (30) days prior to the effective date of the termination. Upon written notice of the termination, Consultant 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 Consultant. 51 of 110 Consultant 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, Consultant and City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from Consultant 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. Consultant 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 Consultant for the services provided through the date of termination. Article 11 Ownership All inventions, discoveries, deliverables, intellectual property, technical communications and records originated or prepared by Consultant pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the City. Article 12 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 13 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 14 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. Article 15 Waiver 52 of 110 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 Consultant of the same, or any other provision or the enforcement thereof. The City’s consent to or approval of any act by Consultant 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 Consultant, whether or not similar to the act so consented to or approved. Article 16 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: Consultant: Cameron Benson, City Manager George Wilson City of Miami Gardens Chief Operating Officer 18605 NW 27th Avenue Public Safety Corporation Miami Gardens, FL 33056 103 Paul Mellon Court Waldorf, MD 20602 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. Article 17 Independent Contractor Consultant is and shall remain an independent contractor and is not an employee or agent of the City. Services provided by Consultant shall be by employees of Consultant 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. Consultant 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 Consultant. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or Consultants to perform services including those hereunder. Article 18 Assignment Subject to the provisions above, this Agreement shall not be assignable by Consultant. 53 of 110 Article 19 Prohibition Against Contingent Fees Consultant warrants that it has no employees or retained any Consultant or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), Consultant, corporation, individual or Consultant, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 20 Attorneys Fees Should any dispute arise hereunder, the City shall be entitled to request recovery against the Consultant 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. Article 21 Non-Discrimination Consultant 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. Consultant 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. Consultant will take afproposerative action to insure that all employment practices are free from such discrimination. Article 22 Conflict of Interest Consultant 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. Article 23 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 24 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. 54 of 110 Article 25 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 26 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 27 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. Article 28 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 29 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. 55 of 110 IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. WITNESSES: CONSULTANT: ________________________________ By: ________________________________ Print Name: _______________________ Print Name: __________________________ Title: _______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ___________________________ CITY CLERK CITY MANAGER APPROVED AS TO FORM: ________________________________ CITY ATTORNEY 56 of 110 57 of 110 1 RESOLUTION NO. R-2014-075 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF OAKLAND PARK, FLORIDA, DETERMINING THAT CRY 5 WOLF IS THE MOST RESPONSIVE AND MOST RESPONSIBLE 6 BIDDER TO PROVIDE PROFESSIONAL SERVICES FOR 7 FALSE ALARM BILLING AND COLLECTION SERVICES FOR 8 THE CITY; PROVIDING THAT THE PROPER CITY OFFICIALS 9 ARE AUTHORIZED TOEXECUTE A CONTRACT FOR THE 10 PROJECT A COPY OF WHICH IS ATTACHED AS EXHIBIT 11 A"; PROVIDING FOR CONFLICTS; PROVIDING FOR 12 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City has sought competitive bids for false alarm billing and 15 collection services for the City; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF OAKLAND PARK,FLORIDA,THAT: 19 20 SECTION 1. The foregoing "WHEREAS" clause is true and correct and hereby 21 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 22 incorporatedherein. 23 24 SECTION 2. The City Commission of the City of Oakland Park, Florida hereby 25 accepts the recommendation as submitted by the City's Consultant and City's Staff and 26 determines that Cry Wolf is the most responsible and most responsive bidder for false 27 alarm billing and collection services for the City; 28 29 SECTION 3. The City Commission of the City of Oakland Park, Florida hereby 30 approves and authorizes the appropriate City official to execute a contract with Cry Wolf 31 in for approximately$30,000, for false alarm billing and collection services for the City; 32 a copy of the contract is attached hereto as Exhibit"A". 33 34 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be 35 and the same are repealed to the extent of such conflict. 36 Page 1 of 2 58 of 110 1 SECTION 5. If any clause, section or other part of this Resolution shall be 2 held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part shall be considered as eliminated and in no way 4 effecting the validity of the other provisions ofthis Resolution. 5 6 SECTION 6. This Resolution shall become effective immediately uponits 7 passage and adoption. 8 9 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY 10 OF OAKLAND PARK, FLORIDA ON THIS 6th DAY OF AUGUST 2014. 11 12 CITY OF OAKLAND PARK, FLORIDA 13 14 Ste:G 15 16 MAYOR SHARI L. MCCA EY 17 18 19 20 J. SHANK YES 21 T. LONERGAN YES 22 S. GUEVREKIAN YES 23 J.ADORNATO YES 24 S. MCCARTNEY YES 25 26 27 28 29 ATTEST. 30 31 32 s1 cr-/Avrt - 33 '11 N:E M. SHROUT, CM , CITY CLERK Page 2 of 2 59 of 110 60 of 110 61 of 110 62 of 110 63 of 110 64 of 110 65 of 110 66 of 110 67 of 110 68 of 110 69 of 110 70 of 110 71 of 110 72 of 110 73 of 110 74 of 110 75 of 110 76 of 110 77 of 110 78 of 110 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 24, 2017 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: Contingency in the amount of 1,645.218.00 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 Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Sponsor Name Erhabor Ighodaro, Vice Mayor Department: Office of the Mayor & Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THAT BUNCHE PARK POOL BE CONSTRUCTED AT A MAXIMUM DEPTH OF TEN (10) FEET INSTEAD OF FIVE (5) FEET AND THAT FUNDS FOR THIS PURPOSE BE ALLOCATED FROM THE CONTINGENCY FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On May 28, 2014, the City Council adopted Ordinance No. 2014-09-320, which authorized the issuance of a General Obligation Bond in the amount of Sixty Million Dollars for the purchase of law enforcement equipment and for the construction and renovation of City Parks. Agenda Item L-1 Bunche Park Pool 79 of 110 18605 NW 27 Avenue Miami Gardens, Florida 33056 On February 25, 2014, the City Council adopted Resolution No. 2014-40-2018, which outlined a Bond Implementation Plan for parks and public safety improvement projects. On May 27, 2015, Vice Mayor Ighodaro sponsored and the City Council adopted Resolution No. 2015-98- 2295, approving the construction of a swimming pool as opposed to a water playground at Bunche Park. On January 27, 2016, the City Council adopted Resolution No. 2017-18-2917, awarding a bid to Recreational Design & Construction, Inc., for Bunche Pool Improvements in response to the RFP 15-16- 008. Recent developments indicate that the Bunche Park pool is being constructed at a maximum depth of five (5) feet. Vice Mayor Ighodaro on behalf of the residents in the Bunche Park area is requesting that the scope be changed to accommodate a maximum depth of ten (10) feet. This item was considered at the April 26, 2017, City Council meeting and withdrawnto review options for funding the cost to change the depth of the pool. Staff anticipates that cost to be $1,645,218.00. The Contingency Fund has been identified as the funding source to defray this cost. Fiscal Impact: Proposed Action: RECOMMENDATION: That City Council approve the resolution changing the maximum construction depth of the proposed Bunche Park Pool from five (5) feet to ten (10) feet. Funds for this purpose are to be allocated from the Contingency Fund. Attachment: None. 80 of 110 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DIRECTING THAT BUNCHE PARK 4 POOL BE CONSTRUCTED AT A MAXIMUM DEPTH OF TEN (10) 5 FEET INSTEAD OF FIVE (5) FEET AND THAT FUNDS FOR THIS 6 PURPOSE BE ALLOCATED FROM THE CONTINGENCY FUND; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, on May 28, 2014, the City Council adopted Ordinance Number 11 2014-09-320, which authorized the issuance of a General Obligation Bond in the 12 amount of Sixty Million Dollars for the purchase of law enforcement equipment and for 13 the construction and renovation of City Parks, and 14 WHEREAS, on February 25, 2014, the City Council adopted Resolution Number 15 2014-40-2018, which outlined a Bond Implementation Plan for parks and public safety 16 improvement projects, and 17 WHEREAS, on May 27, 2015, Vice Mayor Ighodaro sponsored and the City 18 Council adopted Resolution Number 2015-98-2295, approving the construction of a 19 swimming pool as opposed to a water playground at Bunche Park, and 20 WHEREAS, on January 27, 2016, the City Council adopted Resolution Number 21 2017-18-2917, awarding a bid to Recreational Design & Construction, Inc., for Bunche 22 Pool Improvements in response to the RFP 15-16-008, and 23 WHEREAS, recent developments indicate that the Bunche Park pool is being 24 constructed at a maximum depth of five (5) feet, and 25 WHEREAS, Vice Mayor Ighodaro on behalf of the residents in the Bunche Park 26 area is requesting that the scope be changed to accommodate a maximum depth of ten 27 (10) feet, and 28 WHEREAS, the item was considered at the April 26, 2017, but it was withdrawn, 29 and 30 81 of 110 2 WHEREAS, Staff anticipates that cost to be $1,645,218.00, the Contingency 31 Fund has been identified as the funding source to defray this cost, 32 WHEREAS, Vice Mayor Ighodaro is recommending that the City Council 33 approves the attached Resolution, 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 directs Bunche park pool be constructed at a maximum depth of ten (10) feet 41 instead of five (5) feet and that funds for this purpose be allocated from the Contingency 42 Fund. 43 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44 upon its final passage. 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 47 48 ___________________________________ 49 OLIVER GILBERT, III, MAYOR 50 51 ATTEST: 52 53 54 __________________________________ 55 RONETTA TAYLOR, MMC, CITY CLERK 56 57 58 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59 60 82 of 110 3 61 SPONSORED BY: VICE MAYOR ERHABOR IGHODARO, PH.D. 62 63 Moved by: __________________ 64 Seconded by: ________________ 65 66 VOTE: _________ 67 68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71 Councilman Rodney Harris ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74 Councilman David Williams Jr ____ (Yes) ____ (No) 75 76 83 of 110 84 of 110 85 of 110 86 of 110 87 of 110 88 of 110 89 of 110 April 2017 P-1 MG PD Monthly Report 90 of 110 About this report The Miami Gardens Police Department provides information concerning crimes in the City of Miami Gardens. Each page depicts actual crime information captured by the Records and Crime Analysis Units. Glossary Targeted Crimes: The State of Florida uses these crimes for conformity in compiling statistics within the state and the nation. The statistics for these crimes are reported to the Florida Department of Law Enforcement for inclusion in the Federal Bureau of Investigations (FBI) Annual Report. Data from the monthly report may differ from the FBI’s published report due to the fact that only certain classes of crime are extracted for publication and crimes reported after the reporting deadline are still captured by the Records Unit. •Criminal Homicide – The willful (non-negligent) killing of one human being by another. •Aggravated Assault ̶ An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. •Larceny ̶ Deprive victim of such property permanently or temporarily without threat or violence or putting in fear, or by sudden snatch. •Robbery ̶ To take or attempt to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting victim in fear. •Burglary ̶ The unlawful or attempted entry of a structure to commit a felony or a theft. 2 91 of 110 GLOSSARY Emergency Calls P = Priority call and is identified by a verbal ‘3’ at the beginning of the signal at dispatch Code 3 emergency call: A situation or sudden occurrence which poses an actual threat of serious injury or loss of human life and demands swift police action. Code 3 calls are preceded by a tone indicator and the signal prefixed by a 3. Example: Shooting victim, violent domestic with injuries, accident with injuries P1 = Emergency call that is identified by a verbal ‘2’ at the beginning of the signal at dispatch. Code 2 emergency call: A situation which poses a potential threat of serious injury or loss of human life which may require swift police action. Code 2 calls are preceded by a tone indicator and the signal prefixed by a 2. Example: Burglary in progress, violent domestic, assault with potential of injuries. P2 = requires an immediate response but no imminent threat of serious injury or loss of human life involved. There is no tone indicator preceding this type of call. Example: A just occurred burglary or any incident where the suspects may still be in immediate area. P3+ = Considered a routine response for a call that is delayed or non-emergency in nature. Example: Identity theft, loud music complaints, barking dog disturbance. 3 92 of 110 Monthly Statistical Comparison April 2017 Year to Date 2016 2017 % Change Criminal Homicide 5 6 20% Forcible Rape 3 4 33% Robbery 96 85 -11% Aggravated Assault 132 152 15% Burglary 208 140 -33% Theft from Motor Vehicle 299 287 -4% Larceny (All Other) 584 514 -12% Motor Vehicle Theft 128 129 1% Total 1455 1317 -9% This report reflects incidents that are currently in the records management and the GEO verification systems at the time this report was generated. Data shown is subject to change as pending reports are entered into records. *Non-calculable 4 Monthly Comparison March 2017 April 2017 %Change April 2016 April 2017 %Change Criminal Homicide 1 3 200% 1 3 200% Forcible Rape 1 1 0% 1 1 0% Robbery 16 17 6% 32 17 -47% Aggravated Assault 28 35 25% 40 35 -13% Burglary 32 29 -9% 39 29 -26% Theft from Motor Vehicle 71 57 -20% 79 57 -28% Larceny (All Other) 110 143 30% 162 143 -12% Motor Vehicle Theft 23 35 52% 29 35 21% Total 282 320 13% 383 320 -16% 93 of 110 Monthly Statistical Comparison April 2017 5 ARREST March April Diff %Change Criminal Homicide 0 1 1 N/C Forcible Sex Battery 1 0 -1 -100% Robbery 10 4 -6 -60% Aggravated Assault 9 12 3 33% Burglary 10 5 -5 -50% Larceny 31 21 -10 -32% Motor Vehicle Theft 7 3 -4 -57% Total 68 46 -22 -32% 94 of 110 PART ONE CRIMES April 2016 / April 2017 6 1 1 32 40 39 79 162 29 3 1 17 35 29 57 143 35 0 20 40 60 80 100 120 140 160 180 Apr-16 Apr-17 95 of 110 PART ONE CRIMES Year to Date Comparison 2016 / 2017 7 5 3 96 132 208 299 584 128 6 4 85 152 140 287 514 129 0 100 200 300 400 500 600 700 2016 2017 96 of 110 TOP FIVE ACCIDENT LOCATIONS 8 •NW 167th ST, NW 17th AVE – 3 •NW 167th ST, NW 27th AVE – 2 •NW 167th ST, NW 32nd AVE – 2 •NW 167th ST, NW 47th AVE – 2 •NW 215th ST, NW 13th CT – 2 2 2 4 2 1 Contributing Factors Fail to Yield Right of Way Fail to Maintain Single Lane Ran Red Light Improper Turn Inattentive 97 of 110 9 TOP FIVE ACCIDENT LOCATIONS April 01 through April 30, 2017 NW 167th St/ NW 17th Ave DHSMV # Case # Date/Time Cause 86934604 2017005961 4/13/2017 16:22 Inattentive 86934619 2017006068 4/15/2017 20:30 Fail to Yield Right of Way 86934632 2017006124 4/17/2017 0:58 Ran Red Light NW 167th St/ NW 27th Ave DHSMV # Case # Date/Time Cause 86934457 2017005256 4/1/2017 12:54 Fail to Maintain Single Lane 86934517 2017005523 4/6/2017 10:09 Improper Turn NW 167th St/ NW 32nd Ave DHSMV # Case # Date/Time Cause 86934590 2017005925 4/13/2017 1:45 Improper Turn 86934612 2017006027 4/14/2017 22:07 Ran Red Light NW 167th St/ NW 47th Ave DHSMV # Case # Date/Time Cause 86934636 2017006141 4/17/2017 12:17 Fail to Maintain Single Lane 86934743 2017006663 4/25/2017 18:25 Fail to Yield Right of Way NW 215th St/ NW 13th Ct DHSMV # Case # Date/Time Cause 86934658 2017006253 4/19/2017 9:51 Ran Red Light 86934715 2017006545 4/24/2017 6:47 Ran Red Light 98 of 110 TRAFFIC ENFORCEMENT SUMMARY 2017 10 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YEAR TO DATE Accident Reports 324 221 315 281 1141 Traffic Stops 317 273 297 307 1194 Traffic Moving 172 124 161 125 582 Traffic Non Moving 142 111 121 93 467 Traffic Verbal 80 62 85 94 321 Parking Citations 31 6 1 9 47 Red Light Camera Violations 9738 10568 10910 11503 42719 99 of 110 11 TRAFFIC ENFORCEMENT ACTIVITY April 2017 281, 2% 307, 2% 125, 1% 93, 1% 94, 1% 9, 0% 11,503, 93% Accident Reports Traffic Stops Traffic Moving Traffic Non Mov Traffic Verbal Parking Citations Red Light Camera Violations 100 of 110 12 STREET CRIMES, CAREER CRIMINAL, AND GANG UNITS April 2017 These proactive units effected 49 arrests: 17 Felony, 15 Misdemeanor, and 17 Traffic Arrests Proactive Patrol 56 28 Field Contacts Traffic Citations Executed 2 Search Warrants Seized 103 51 10 Grams of Marijuana Grams of Cocaine Firearms U.S. Marshal Services 7 8 Apprehension/Warrants related to CMG Total Apprehension/Warrants 101 of 110 CUSTODIAL FIREARMS 4/1/2017 to 4/30/2017 13 Total = 17 1 3 1 1 3 2 1 5 0 1 2 3 4 5 6 17 & Younger 18 to 21 22 to 24 25 to 30 31 to 40 41 to 50 Over 50 Other Possessors' Age 12 0 0 5 0 Firearms Type Pistol Shotgun Revolver Rifle Machine Gun 102 of 110 CUSTODIAL FIREARMS 14 Total =72 20 18 8 12 0 0 0 0 5 2 0 0 2 0 0 5 0 0 0 0 0 5 10 15 20 25 Jan Feb Mar Apr Year to Date Pistol Shotgun Revolver Rifle Machine Gun 103 of 110 TRAINING ANALYSIS 2016 TRAINING ACTIVITY 2017 TRAINING ACTIVITY 15 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YTD TOTAL CLASSES ATTENDED 18 11 17 65 111 HOURS TAUGHT 1176 1000 1065 720 3961 PARTICIPANTS 45 29 41 29 144 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YTD TOTAL CLASSES ATTENDED 14 18 18 20 14 15 10 18 17 21 11 12 188 HOURS TAUGHT 309 438 2004 2078 544 1252 746 512 488 776 540 848 10535 PARTICIPANTS 55 176 123 58 21 41 19 30 73 26 39 33 694 104 of 110 APRIL 2017 –OVERTIME SUMMARY 16 CATEGORY HOURS SHIFT EXTENSION/ HELD OVER 1174 COURT 392 ADMINISTRATION 0 SPECIAL DETAIL 130 COMMUNICATIONS 812 TOTAL 2508 105 of 110 APRIL 2017 – OVERTIME SUMMARY 17 1174 392 0 130 812 SHIFT EXTENSION/ HELD OVER COURT ADMINISTRATION SPECIAL DETAIL COMMUNICATIONS 106 of 110 ROUTINE CALLS FOR SERVICE 2016 / 2017 18 5978 5707 6336 5479 5009 4864 5162 4849 0 1000 2000 3000 4000 5000 6000 7000 JAN FEB MAR APR 2016 2017 107 of 110 EMERGENCY & PRIORITY CALLS FOR SERVICE 2016 / 2017 19 624 552 550 588 651 578 627 688 0 100 200 300 400 500 600 700 800 JAN FEB MAR APR 2016 2017 108 of 110 RESPONSE TIMES FOR CALLS FOR SERVICE 2017 20 11.345 9.235 10.84 10.97 32.375 32.43 29.78 29.3 0 5 10 15 20 25 30 35 Jan Feb Mar Apr P+ & P1 P2 & P3+ 109 of 110 MIAMI GARDENS POLICE DEPARTMENT 110 of 110