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HomeMy WebLinkAbout July 12, 2006 City Council AgendaCITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA July 12, 2006 7:00 P.M. City Council Chambers 1515 N.W. 167th Street, Building 5, Suite 200 Miami Gardens, Florida 33169 py{ MIAMICITY OF CITY COUNCIL MEETING AGENDA City of Miami Gardens Ordinance No. 2004-02-18 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all -legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES - Regular City Council Meeting June 14, 2006 (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): Regular City Council Agenda July 12, 2006 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Monthly Report — Miami Gardens District Police (G) PUBLIC COMMENTS (H) ORDINANCES) FOR FIRST READING There are none. (I) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS." I-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA CREATING A YOUTH COUNCIL; PROVIDING FOR QUALIFICATIONS AND PROCEDURES; PROVIDING FOR AN ELECTION PROCESS; PROVIDING FOR A TERM; PROVIDING FOR PARENTAL CONSENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN WATSON) (,n CONSENT AGENDA/RESOLUTION(S) J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2005 AUDIT REPORT FROM THE CITY'S AUDITORS, RACHLIN COHEN & HOLTZ, LLP, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN URBAN AND COMMUNITY FORESTRY GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO ANY AND ALL DOCUMENTS NECESSARY TO OBTAIN THE URBAN AND COMMUNITY FORESTRY GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Regular City Council Agenda 2 July 12, 2006 MIAMI GARDENS, FLORIDA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY BEAUTIFICATION GRANT; APPROVING THE FORM COMMUNITY BEAUTIFICATION GRANT PARTICIPATION AGREEMENT FOR PARTICIPANTS IN THE GRANT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH H & J ASPHALT, INC., FOR STREET RESURFACING ON AN AS -NEEDED BASIS, BY RELYING UPON THAT CERTAIN AGREEMENT BETWEEN MIAMI-DADE COUNTY AND H & J ASPHALT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING A WAIVER TO THE COMPETITIVE PROCESS; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS IN ACCORDANCE WITH THE AGREEMENT, NOT TO EXCEED BUDGETED FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN MASTER ESCROW AGREEMENT WITH IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC., AND TYLER TECHNOLOGIES, EDEN DIVISION, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND, FOR ROLLING OAKS PARK RENOVATION AND IMPROVEMENTS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE Regular City Council Agenda 3 July 12, 2006 DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND, FOR THE PARKS AND RECREATION MASTER PLAN, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND CSA SOUTHEAST, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND M.T. CAUSLEY, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTION(S) There are none (L) REPORTS OF CITY MANAGER AND CITY ATTORNEY. L-1) Miami Gardens Jaycees' Award Recipients Regular City Council Agenda 4 July 12, 2006 (M) REPORTS OF MAYOR AND COUNCIL MEMBERS. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC. (o) ADJOURNMENT. IN ACCORDANCE WITH THE AMERICANS 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, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDING. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR. CITY CLERK (305) 622-8003. 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. Please turn-off all beepers and cellular telephones to avoid interrupting the council meeting. Regular City Council Agenda $ July 12, 2006 1515-200 NW 167th Street Miami Gardens, Florida 33169 City of 9Iliami Gardens n 1 A -14I SERF, . MEMORANDUM To: The Honorable Mayor and City Council From: Councilwoman Barbara Watson Council Member — Seat 2 Date: July 12, 2006 Mayor Shirley Gibson Vice Mayor Oscar Braynon 11 Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson Re: Ordinance creating Youth Council; providing for qualifications and procedures; providing for an election process; term of office and parent consent. The attached ordinance on for second reading and public hearing establishes a Youth Council. The establishment of a Youth Council will provide an opportunity for the youth of the City of Miami Gardens to acquire a greater knowledge of, and appreciation for, the American political system through active participation in that system. The Youth Council will serve the City of Miami Gardens in a number of ways including keeping the Mayor and Council abreast of the issues that affect the City's youth; assisting with the planning of social, educational, cultural and recreational activities for youth and working with the Mayor, City Council and staff on providing service and leadership opportunities for the youth of the City. Recommendation: That City Council adopt this ordinance on second reading. I-1) ORDINANCE 2ND READING YOUTH COUNCIL CREATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ordinance No. 06 ORDINANCE No. 06 - AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA CREATING A YOUTH COUNCIL; PROVIDING FOR QUALIFICATIONS AND PROCEDURES; PROVIDING FOR AN ELECTION PROCESS; PROVIDING FOR A TERM; PROVIDING FOR PARENTAL CONSENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it would like to create a Student Youth Council ("Youth Council") that will be composed of students who attend Miami Norland and Miami Carol City High Schools, and WHEREAS, the establishment of a Youth Council will provide an opportunity for the youth of the City of Miami Gardens to acquire a greater knowledge of, and appreciation for, the American political system through active participation in that system, and WHEREAS, Youth Council will, among other things, serve the City of Miami Gardens in a number of ways including, keeping the Mayor and City Council abreast of the issues that affect the City's youth. Assisting with the planning of social, educational, cultural and recreational activities for youth, and working with the Mayor, City Council, and City staff on providing service and leadership opportunities for the youth of the City, Paqe 1 Ordinance No. 06 1 and 2 WHEREAS, the City Council deems it appropriate to establish guidelines for 3 appointment and membership of Youth Council, 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 MIAMI GARDENS, FLORIDA, as follows: 6 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 7 Clauses are hereby ratified and confirmed as being true, and the same are hereby 8 made a specific part of this Ordinance. 9 SECTION 2. CREATION: There is hereby created a Student Youth Council 10 ("Youth Council") in the City of Miami Gardens. The Youth Council shall be comprised of 11 seven (7) members. 12 SECTION 3. QUALIFICATIONS: Members of the Student Youth Council are 13 required to be High School Students, in the 9th, 10th, 11th, or 12th grades, attending either 14 Miami Norland or Miami Carol City High School, and shall be residents of Miami Gardens 15 Florida. Members of the Youth Council shall maintain at least a 2.5 Grade Point 16 Average, must maintain good citizenship, and must demonstrate an interest in the 17 community, and a willingness to serve the youth of Miami Gardens. 18 SECTION 4. APPOINTMENT/REMOVAL PROCESS: the student bodies of Miami Paqe 2 Ordinance No. 06 1 Norland Senior High School and Miami Carol City High School shall elect the seven 2 members of the Student Council, commencing August of 2006, and every August 3 thereafter. Terms shall commence from the date of the election and shall terminate at the 4 end of the school year. Three of the students shall be elected from the student body of 5 Miami Norland High School, and three of the members shall be elected from the student 6 body of Miami Carol City. The elections for the members of the Student Council shall be 7 conducted in coordination with the Miami -Dade County School Board and the 8 participating Schools. 9 SECTION 5: ELECTION OF MAYOR/NOMINATION OF VICE -MAYOR 10 PARLIAMENTARIAN, AND CLERK 11 The Student Council member with the highest number of votes shall serve as the 12 Mayor. At the annual organization meeting, the Student Council shall select a Vice -Mayor, 13 Clerk and Parliamentarian from amongst the Student Council members. The Mayor shall 14 serve as the presiding officer for all meetings, and the Vice -Mayor shall serve in that 15 capacity in the Mayor's absence. The Mayor shall be entitled to participate in all 16 discussions, but shall not be entitled to vote except in the case of a tie vote. The Clerk 17 shall be responsible for keeping and preparing minutes of all meetings and agenda. The 18 Parliamentarian shall be responsible for ensuring that the Robert's Rules of Order are Paae 3 Ordinance No. 06 1 complied with. 2 SECTION 6. TERMS OF OFFICE: The terms of all Student Council 3 Members shall commence upon confirmation of the election results by the City Clerk or 4 selection by the Student Council. Once elected, the Members of the Student Council 5 shall serve a one-year term, unless a member is removed as provided for in Section 7. 6 SECTION 7. REMOVAL/RESIGNATION: Student Council Members may be 7 removed by the City Manager for cause. Upon the removal or resignation of a member 8 whose term is not expired, the City Mayor and Council shall select a member to serve out 9 the remaining term of the member that has been removed. Such member shall be from 10 the same school as the Student Council member who resigned or was removed. 11 SECTION 8. PARENTAL CONSENT/APPLICATION: Each Student Council 12 Member shall as a perquisite for serving, take an Oath of Office and complete an 13 application and parental consent form. 14 SECTION 9. ATTENDANCE: Any Student Council Member, who fails to 15 attend two (2) consecutive regular meetings of Student Council, without being excused 16 by the Student Council Mayor, shall be subject to removal by the City Manager. The 17 Student Council Mayor may excuse members from attendance for the following 18 reasons: school or work conflict, personal or family illness or death. The Student Page 4 Ordinance No. 06 1 Council Mayor shall not excuse any member for more than three (3) meetings in any 2 calendar year. 3 SECTION 10. BYLAWS, RULES AND REGULATIONS: Robert's Rules of 4 Order shall govern all meetings of committees and non -statutory boards. 5 SECTION 11. MEETINGS: At the annual organizational meeting, or as soon as 6 practicable thereafter, a regular meeting date, location and time, shall be established for 7 the Student Council. Minutes and records shall be kept of all meetings, and all meetings 8 shall be public. 9 SECTION 12. QUORUM: The presence of a majority of the Student Council shall 10 constitute a quorum. 11 SECTION 13. REPORTING: The Student Council shall make recommendations 12 to the City Council by written memoranda, on the first day of October, January, March, 13 and June of each year, or more frequently as deemed necessary by the City Council. 14 The Student Council should make every effort to attend the meetings of the City 15 Council where the recommendations and/or written memoranda of the Student Council 16 are to be presented and considered. SECTION 14. DUTIES AND 17 RESPONSIBILITIES: The Student Council shall have the Following duties and 18 responsibilities: Paqe 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Ordinance No. 06 1. To develop and adopt, by majority vote, a Student Youth Charter. 2. To carry out the purposes of the Youth City Government as outlined in the Charter. 3. To keep the Mayor and City Council informed of the issues that affect the City's youth. 4. To give advice to the City Manager and the City Council with respect to issues that affect the City of Miami Gardens' youth. 5. To recommend social, educational, cultural and recreational activities for youth and to assist with the implementation of those activities at the direction of the City Manager or City Council. 6. To work with the Manager and City Council on providing service and leadership opportunities for the youth of the City. 17 SECTION 15. CONFLICT: All ordinances or Code provisions in conflict 18 19 20 21 22 23 24 25 herewith are hereby repealed. SECTION 16. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 17. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a Paqe 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Ordinance No. 06 part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION 18. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage PASSED ON FIRST READING IN FULL ON THE DAY OF , 20 PASSED ON SECOND READING BY TITLE ONLY THE DAY OF , 20 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Councilwoman Sharon Pritchett and Councilman Melvin L. Bratton MOVED BY: VOTE: Paqe 7 Ordinance No. 06 1 Mayor Shirley Gibson (Yes) (No) 2 Vice Mayor Oscar Braynon, II (Yes) (No) 3 Councilman Melvin L. Bratton (Yes) (No) 4 Councilman Aaron Campbell (Yes) (No) 5 Councilman Ulysses Harvard (Yes) (No) 6 Councilwoman Sharon Pritchett (Yes) (No) 7 Councilwoman Barbara Watson (Yes) (No) 8 9 10 109473_1.DOC 11 Paqe 8 1515-200 NW 1671b Street Miami Gardens, Florida 33169 City of Wiami Gardens Mayor Shirley Gibson Vice Mayor Aaron Campbell Councilman Melvin L. Bratton Councilman Oscar Braynon II Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: July 7, 2006 Re: FY 04-05 Audit The City has received its long awaited FY 04-05 Annual Audit. The audit contains no surprises and is considered a `clean' audit without any material findings. The General Fund fund balance at year end is approximately $2,681,219 (less $500,000 that needs to be moved into the Capital Project Fund), up considerably from the prior year's balance of $1,362,037. It is very heartening that our efforts to build a reserve have yielded so much in such a short time. RECOMMENDATION: That the City Council approve the attached resolution accepting the FY 04-05 audit. J-1) CONSENT AGENDA I RESOLUTION FISCAL YEAR AUDIT REPORT 1 RESOLUTION No. 2006- 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2005 AUDIT 5 REPORT FROM THE CITY'S AUDITORS, RACHLIN COHEN & HOLTZ, 6 LLP, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, Rachlin Cohen & Holtz serves as the City's Auditor, and 12 WHEREAS, Rachlin Cohen & Holtz has prepared an Audit Report for Fiscal Year 13 2005, a copy of which is attached hereto as Exhibit "A," and 14 WHEREAS, the City Council would like to accept the Audit Report, 15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 19 made a specific part of this Resolution. 20 Section 2. ACCEPTANCE OF AUDIT: The City Council for the City of Miami 21 Gardens, hereby accepts the Audit Report for Fiscal Year 2005, prepared by Rachlin 22 Cohen & Holtz, a copy of which is attached hereto as Exhibit "A," 23 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. SHIRLEY GIBSON, MAYOR ATTEST: KUNE I I A TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson Vice Mayor Oscar Braynon, II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson Page 2 (Yes) (No) (Yes) (No) (Yes) (No) _(Yes) (No) _(Yes) (No) _(Yes) (No) _(Yes) (No) 108877_2.DOC Page 3 Rachimin$rlt� $ ' Accountants - Advisors CITY OF MIAMI GARDENS, FLORIDA BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 Prepared by: THE FINANCE DEPARTMENT CITY OF MIAMI GARDENS, FLORIDA BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 TABLE OF CONTENTS I. INTRODUCTORY SECTION City Officials II. FINANCIAL SECTION PAGE i REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS (Required Supplementary Information) 3-9 BASIC FINANCIAL STATEMENTS: Government -wide Financial Statements Statement of Net Assets 10 Statement of Activities 11 Fund Financial Statements: Balance Sheet — Governmental Funds 12 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds 13 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 14 Notes to Basic Financial Statements 15-26 REQUIRED SUPPLEMENTARY INFORMATION (OTHER THAN MD&A) Budgetary Comparison Schedule — General Fund 27 Note to Budgetary Comparison Schedule 28 III. COMPLIANCE SECTION Report of Independent Certified Public Accountants on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 29-30 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 31-32 Schedule of Findings 33-34 INTRODUCTORY SECTION CITY OF MIAMI GARDENS, FLORIDA CITY OFFICIALS SEPTEMBER 30, 2005 CITY COUNCIL Shirley Gibson, Mayor Oscar Braynon, II, Vice Mayor Aaron Campbell, Jr., Council Member Barbara Watson, Council Member Melvin L. Bratton, Council Member Sharon Pritchett, Council Member Ulysses Harvard, Council Member CITY MANAGER Dr. Danny O. Crew CITY CLERK Ronetta Taylor, CMC CITY ATTORNEY Sonja K. Knighton Dickens Arrnstein and Lehr, LLP FINANCE DIRECTOR Christopher Wallace, New Community Strategies CITY AUDITORS Rachlin Cohen & Holtz LLP Accountants • Advisors FINANCIAL SECTION REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS OAZI Accountants Advisors REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida We have audited the accompanying financial statements of the governmental activities and each major fund of the City of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the City of Miami Gardens, Florida as of September 30, 2005 and the respective changes in financial position, thereof for the year then ended, in conformity with accounting principles generally accepted in the United States. In accordance with Government Auditing Standards, we have also issued a report dated June 19, 2006 on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Rachlin Cohen & Holtz LLP One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com An Independent Member of Baker Tilly International M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida Page Two Management's Discussion and Analysis and the budgetary comparison information on pages 3 through 9 and pages 27 through 28, respectively, are not a required part of the basic financial statements but are supplementary information required by the accounting principles generally accepted in the United States. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The introductory section has not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion thereon. Miami, Florida June 19, 2006 -2- Cohen Holtz Accountants Advisors MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) Management's Discussion and Analysis The City of Miami Gardens, Florida, (the "City") discussion and analysis is designed to (a) assist the reader in focusing on significant financial issues, (b) provide an overview of the City's financial activity, (c) identify changes in the City's financial position (its ability to address the next and subsequent year challenges), (d) identify any material deviations from the financial plan (the approved budget), and (e) identify individual fiend issues or concerns. Since the Management's Discussion and Analysis (MD&A) is designed to focus on the current year's activities, resulting changes and currently known facts, please read it in conjunction with the City's financial statements (beginning on page 10). The City was incorporated May 13, 2003, under the Charter and Laws of Miami -Dade County (the "County"), and is the County's third largest municipality, behind Miami and Hialeah. The County must approve all new incorporations and annexations. The County also largely determines the framework, service provisions or service denials, continuing obligations, and powers and duties of the City. Florida Law determines the City and the County's fiscal years. The fiscal year begins October 1St of each year and ends September 30"' of the next year. Some of the conditions of the incorporation of the City included an understanding that the City and the County would operate under an interim interlocal agreement for the partial fiscal year and a transitional interlocal agreement that would cover the period of time beginning October 1, 2003, and ending at an agreed to time in the future, at which point the City would have taken over the provision of certain services from the County. The transitional agreement would contemplate a timeframe that would permit an orderly transfer of services. This agreement would also provide for the transition and accounting of revenues and expenditures that the County and City would negotiate. Both the interim and transitional agreements were not completed until September 2004. At that time, the City and County agreed to certain terms and conditions that would detail the rights and obligations of both parties. The City did not have a position of strength during these negotiations and some of the terms and conditions have an adverse impact upon the City. This financial statement reflects the first year that the City operated under a budget of its creation and direct control. It marks the first time that the City was in control of its destiny, to the extent the interlocal agreements with Miami Dade County allow. Financial Highlights The City finished its fiscal year with Net Assets of $15,352,021, and increase of $4,964,214 over the restated FY2004 Net Assets of $10,387,807, an increase of 47.8% from the previous year. Of that amount, $12,669,182 is invested in capital assets while the unrestricted portion grew to $2,682,839, up from the previous year's amount, as adjusted, of $1,362,037, an increase of nearly 100%. In the previous fiscal year, the City had settled certain outstanding issues with Miami -Dade County. The results of that settlement had reduced the City's available reserves significantly. However, FY2005 provided a good first step in increasing the City's financial position. The City's unreserved fiend balance now stands at about 8% of General Fund expenditures, or about one months operating -3- expenses. The City's financial plan forecasts this to grow in each of the next 5 years with a goal of maintaining an unreserved fund balance of about 25% of recurring operating expenditures. The City has implemented its own local ordinances that provided for the levy and collection of various taxes, licenses, permits, fees, and charges for services. However, because the County issued debt when the area that is currently incorporated was under its control, and because that debt pledged the revenues to which the City would ordinarily be entitled, the City receives only the difference between the tax levied and the amount deducted for its presumed share of debt service payments. This practice results in delay and difficulty in receipting and reporting both the revenues for the utility services taxes and the expenditures related to the debt service. While the City has the option of prepaying its share of outstanding debt, it is not at this time financially practical to do so. Moreover, the County at any point in time has difficulty attributing the amount of debt outstanding to Miami Gardens. Consequently, debt that is owed by the County is not recorded on the City's financial records, though the City will not receive the revenues that will repay that debt. An estimated range of $15,000,000 to $20,000,000 of outstanding debt is likely. The remaining term of the indebtedness is approximately 15 years. The City can prepay the debt at any time. The City utilized two new special revenue funds in FY2005: the Development Services Fund and the Impact Fee Fund. Both of these funds are being utilized to isolate their activities from the City's General Fund, as the revenues generated in these funds are restricted to purpose. The City does generate nominal administrative fees from the Development Services fund to recover the cost of services provided in support of those activities. The Development Services fund ended the year with $952,040 in reserved fund balances, while the Impact Fee Fund had $735,562 in reserved fund balance. The activity in the City's Development Services Fund indicates that the City's tax base can expect decent growth in the near future, as new developments come into the City. The City did not have any business -type activities for FY2005. The City's borrowed $8.2 million in FY2005. Of that amount, $7.5 million is to be used for the acquisition of purpose of financing a portion of the costs of purchasing and renovating existing buildings and constricting new public facilities, purchasing land for, and financing architectural, engineering, environmental, legal, and other planning costs related thereto for, the sites of City Hall, Public Works Department facilities and other public facilities, widening roads and making other road improvements, and paying the costs of issuance of the bonds. As of year-end, the City had not used any of the proceeds and the unspent amounts are legally reserved at year-end in the City's General Fund. The City also entered into a $2.5 million credit facility, of which $700,000 had been drawn down. The City is using the credit facility to finance its equipment needs over the next 5 years. Fiscal Year 2005 will be noted as the first major expansion of the City's services. The City hired over 150 employees during the year, providing personnel for administrative tasks, code enforcement, building inspectors, school crossing guards, public works, parks and recreation, planning and zoning, and other services generally provided by Florida municipalities. The City still contracts with Miami Dade County for law enforcement services, but may consider bringing this service in-house sometime after FY2007. -4- City Achievements The City expanded the breadth and depth of services it provides to its residents and businesses. Expansion of the City's offices was undertaken and additional personnel were hired. Beautification efforts, including landscaping, debris removal, code enforcement, and signage, improved the City's appearance and provided support for community pride. New developments began to appear, as the City's reputation for encouraging new development spread in the building community. Parks programs were introduced and roadway resurfacing and rehabilitations were begun. The City's financial condition improved as the City adopted its first budget and levied its first property taxes for which it was solely responsible. The City controlled its expenditures and enjoyed greater revenue than it had anticipated, bolstering its reserves and proving once and for all that it is a very financially viable municipality. The City began its long-term planning efforts by taking the first steps to adopting its Comprehensive Plan and setting the stage for future redevelopment. Most importantly, the City adopted its first true budget and levied its first property tax for FY2005. The new tax rate, though slightly higher than the rate paid when the area was unincorporated, is still one of the lowest in Miami -Dade County. The City Commission set the direction and tone for the City's future and the City made significant progress in adding personnel to deliver the many different' services the City will provide. Overview of the Financial Statements The financial statement focus is on both the City as a whole (government -wide) and on the major individual funds. Both perspectives (government -wide and major fiord) allow the user to assess the particulars of the City's financial operations and also provide for annual comparisons of the City's financial performance. The statements can also facilitate comparisons with other units of government. Comparative Financial Statement Information The City has chosen to not present comparative financial statement information for FY2004 and FY2005 because it believes that providing such information would be at best meaningless and at worse misleading. The first two fiscal years since the City's inception had been marked by financial transactions that do not truly reflect the activity of the City. Rather, those years are noted for the manner in which the City was incorporated and the fact that key agreements between the City and the County were not completed until the very end of the second fiscal year. Comparing FY2005 to FY2004 would not provide the readers of these statements any meaningful information. It is expected that the FY2006 financial statements will include the first relevant comparative information. Government -wide Financial Statements The Government -wide Financial statements (see pages 10 to 11) are designed to be corporate -like in that all governmental and business -type activities (though the City as yet does not operate any business - type activities) are consolidated into columns that add up to a total for the Primary Government. The focus of the Statement of Net Assets (the "Unrestricted Net Assets") is designed to be similar to bottom line results for the City and its governmental and business -type activities. This statement combines and -5- consolidates government funds' current financial resources (short-term spendable resources) with capital assets and long-term obligations. The Statement of Activities (see page 11) is focused on both the gross and net cost of various activities (including governmental, including component units and business -type), which are supported by the City's taxes and other revenues. This is intended to summarize and simplify the user's analysis of the cost of various governmental services and/or subsidy to various business -type activities and/or components. Fund Financial Statements Traditional users of government financial statements will find the Fund Financial Statement presentations more familiar. The focus in those statements is on Major Funds. The City's Major Fund (see pages 12 to 13) presentation is presented on a sources and uses of liquid resources basis. This is the manner in which the financial plan (the budget) is typically developed. The flow and availability of liquid resources is a clear and appropriate focus of any analysis of a government. Funds are established for various purposes and the Fund Financial Statements allow the demonstration of sources and uses and/or budgeting compliance associated therewith (beginning on page 12). During FY2004, the City had only two funds: the General Fund and the Transportation Fund, both considered Major Funds. This structure changed for FY2005 to include the Development Services Fund and the Impact Fee Fund. Internal Service Funds were added during the FY2006 budget process and will be presented in future years' financial statements. The Government Major Funds Total column requires reconciliation because of the different measurement focus (current financial resources versus total economic resources) that is reflected on the page following each statement (see page 14). The flow of current financial resources will reflect interfund transfers and other financial sources, as well as capital expenditures. The reconciliation will eliminate these transactions and incorporate the capital asset and long-term obligations into the Government Activities column (in the Government -wide statements). Infrastructure Assets Historically, a government's largest group of assets (infrastructure — buildings, roads, curbs, sidewalks) have not been reported nor depreciated in government financial statements. New pronouncements in Governmental Accounting require that these assets be valued and reported within the Government column of the Government -wide Statements. The City received a significant amount of streets and rights-of-way at the same time from the County, but the value of those assets had not yet been determined. During FY2005, the City added $685,001 in infrastructure assets. All of that addition came in the form of roadway improvements. The City also added $1,352,696 in general fixed assets, almost entirely from equipment and parks improvements. GOVERNMENT -WIDE STATEMENTS Statement of Net Assets The largest portion of the City's net assets, excluding capital assets, is Cash and Investments, and totaled $11,388,239. Of that amount, $7.5 million was restricted bond proceeds that must be used for the purposed described above. -6- The City's Capital Assets, net of related debt, totaled $12,669,182, most of it ($9,480,787) in the form of non -depreciable assets such as land and infrastructure. The City also had $11,551,302 in long-term liabilities. The Unrestricted Net Asset balance of $2,682,839 is intended to be a corporate -style measurement of well being (or a bottom line) for the City and its related governmental and business -type activities. This is an improvement over the negative net assets of ($1,157,519) existing at the end of FY2004. This is a remarkable swing considering the circumstances of the City's creation and the short period of time within which it has operated. Conditions and Impacts That Can Affect The City's Financial Operations Many factors and conditions can influence the current and long-term finances of the City: Conditions of Incorporation. Miami -Dade County enjoys powers vested to it by Florida's Constitution. Miami -Dade County was created as a consolidated form of government wherein the County was to provide municipal services in addition to those services traditionally provided by Florida counties. In the creation or dissolution of municipal charters, the County acts in the capacity normally exercised by the State. The County has the ability to create and dissolve most municipalities located within its boundaries. In the creation of any municipality, the County likewise can burden the City with conditions that may be onerous or uncompetitive. In the creation of the City's Charter, the County has required the City to continue to pay for specialized police services in perpetuity under a formula determined by the County. Because this formula is applied against a budget adopted by the County, the City essentially has little control over this cost. The City is also required to utilize the County's police services for the next few years and the cost of this service is likewise largely outside of the City's control. The City cannot provide other services such as utilities and the City must rely upon other entities for their availability. Some of these services, such as water and sewer, may affect the City's ability to attract development and redevelopment. The County also receives much of the City's utility service taxes directly since they were previously pledged to debt issued by the County. The County deducts what it feels is the City's portion of its debt service payments and then remits the net amount to the City. This delay adversely affects the City's cash flow. The City may be required to delay payment to the County for its police services contract until such time that the County can remit to the City the balance of its utility service taxes. Limits On Tax Base Growth. Under Florida's Constitution, residential properties that are owner - occupied and have a homestead exemption are limited to annual assessment increases of 3% or less. The effect of this limitation burdens the City's tax base by exempting from taxation large portions of residential properties. The South Florida housing market has experienced substantial increases in the value of residential properties. The City, as well as other taxing authorities, cannot capture this increase in the tax base. Typically, municipalities in the South Florida market experience increases in annual expenditures well in excess of this 3% cap. Consequently, the City will be challenged to diversify its tax base while keeping its expenditures under control. The City has the ability to tax property up to 10 mills, or $1 for each $1,000 of taxable value. It is not anticipated that the City will reach that tax rate cap anytime soon. Management expects that most of its tax rate capacity will be unused for several years. It has also become apparent that since the City incorporated, developers have found the location desirable and have sought development rights to some of the remaining vacant land. The City will benefit from new development. -7- Economic Conditions. The City iS located in South Florida. Demand for residential and commercial property has been very strong for several years. Demand for housing has increased substantially and this trend is expected to continue for some time. The City is largely built -out, but there is a fair amount of vacant land left for development. Additionally, the City will likely face redevelopment opportunities that could positively impact the City's long-term financial outlook. The City is strategically located between the Miami and Fort Lauderdale markets and is at the crossroads of the areas major trafficways. Tempering this potential, however, is the problem of providing affordable housing to families in a real estate market that has been and will continue to experience double-digit annual increases. A large portion of the City's housing stock was constructed over 30 years ago. The area has been largely neglected over the years and the City expects to spend considerable effort and money in improving community conditions. This should help the City's tax base. Introduction of New Programs. One of the impetuses for creating the City was the dearth of responsive services in the Community. Code enforcement and recreational opportunities have been particular areas of local concern and it is almost certain that the City will quickly expand its service delivery to its residents and businesses. The City will be tasked with maintaining its low tax rate while controlling the cost of delivering these services. During FY2005 the City greatly expanded its level of services and continued expanding them during FY2006. This increases the City's fixed costs of operations. Personnel Costs. The cost of attracting and keeping experienced and competent personnel in South Florida has dramatically increased over the last two decades. The City will have to compete with the roughly 90 municipalities that exist in Miami -Dade, Broward, and Palm Beach counties. The level and amount of benefits offered to employees in this market is substantial and the employer contributions for these benefits are typically very high. As the City expands its services, it will face continual pressure on these costs. Costs for insurance and retirement are expected to continue to climb. Were the City to provide law enforcement services, the pressure on personnel costs can be expected to be even greater. Inflation. While overall inflation appears to be reasonably modest, the City is and will be exposed to certain costs that historically been much higher than the consumer price index typically used to measure inflation. Chief among these costs are insurances and wages. Reduced inflation rates generally mirror reduced interest rates. Currently, investment options available to the City pay very little investment income. THE CITY FUNDS Governmental Funds As of the year-end, the Governmental Funds (as presented on the balance sheet) reported a combined fund balance of $14.2 million ($6.7 million, excluding borrowed funds), up from FY2004's $2.4 million. This nearly tripled the overall fund balance in the Governmental Funds. Business -type Funds Currently, the City does not have any Business -type funds. N CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets As of year-end, the City had approximately $12,669,182 in Capital Assets, tip from the FY2004 amount of $10,741,394, demonstrating the City's initial resolve to improvements within the community. Debt The City owes Miami -Dade County certain amounts as a result of an interlocal agreement entered into with the County in FY2004. Additionally, the City issued $7.5 million in special revenue debt to finance a portion of the costs of purchasing and renovating existing buildings and constructing new public facilities, purchasing land for, and financing architectural, engineering, environmental, legal, and other planning costs related thereto for, the sites of City Hall, Public Works Department facilities and other public facilities, widening roads and making other road improvements, and paying the costs of issuance of the bonds. At year-end, the City had not yet used any of the proceeds .from this issue. The City also issued $2.5 million in additional special revenue debt for the purpose of financing its equipment needs for 5 years. The table below summarizes the activity of the City's long-term obligations for the year: _ Governmental Activities Obligation: Due to Miami -Dade County Series 2005 Land Acquisition Revenue Bonds Series 2005 Equipment Revenue Bond Total obligations Other liabilities: Compensated absences Total other liabilities Governmental activities long-term liabilities Beginning Balance Additions Reductions $ 3,518,300 $ - $ 351,830 - 7,500,000 - - 700,000 - 3,518,300 8,200,000 351,830 Ending Due Within Balance One Year $ 3,166,470 7,500,000 700,000 11,366,470 53,287 131,545 - 184,832 53,287 131,545 - 184,832 $ 351,830 309,653 661,483 $3,571,587 $8,331,545 $ 351,830 $11,551,302 $ 661,483 FINANCIAL INFORMATION CONTACTS The City's financial statements are designed to present users (citizens, taxpayers, customers, investors and creditors) with a general overview of the City's finances and to demonstrate the City's accountability. If you have any questions about the report or need additional financial information, contact the City's Finance Director, Christopher Wallace, at 305-622-8000, or at the City of Miami Gardens Finance Department, 1515 N.W. 167"' Street, Miami Gardens, Florida 33169. -9- BASIC FINANCIAL STATEMENTS CITY OF MIAMI GARDENS, FLORIDA STATEMENT OF NET ASSETS SEPTEMBER 30, 2005 Governmental Activities ASSETS $ 11,388,239 Cash 1,747,716 Receivables, net 1,867,195 Due from other governments 9,480,787 Capital assets not being depreciated 3,188,395 Capital assets being depreciated, net 27,672,332 Total assets LIABILITIES 552,052 Accounts payable and accrued expenses 82,509 Retainage payable 1,448 Due to other governments 133,000 Security deposits Noncurrent liabilities: 661,483 Due within one year 10,889,819 Due in more than one year 12,320,311 Total liabilities NET ASSETS 12,669,182 Invested in capital assets 2,682,839 Unrestricted $ 15,352,021 Total net assets See notes to basicfinancial statements. -10- W M l- — G 'd' M T 00 to [- C/2 Cf) N N l- --� cnd l� t-- t— to r a\ to C,3 01 z��z to Oa - l0 00 �d W M l- — G 'd' M T 00 to [- N M GO {- N l- --� l� t-- t— to r a\ to to 01 to to Oa - l0 00 M O N l0 M r-+ q O �--' •-•+ -C M M [� ll� LD to M N 00 C� 00 O U G\ r+ to M N M to r- o N to t— •-+ V Cl) M l— N O O oo N l— to r- to to 0\ �t M O lD 00 O OO to n Ql M 'di v1 to o C7 .� N l� O to co M M M r- G �f cn ct 000 v'1 l— N M o0 to N r- --� l� l— [— vi a> to LD O1 to lO 00 -. to 00 � M O N lD M to M N CO O\ 00 O N to r� Itz M M r- N O 00 N l— vt r- rl- M to - to 0\ d M O lO 00 O oo to to 0\ M V' to to 00 N l- 01 to 00 M M � 69 64 69 N N M M M M M M b 00 a� cn En cli bs cfl ° o a) CK3 N lO 00 M'Ur U to .� 00 Ql to to to [� '"', ++ N v N N M N O\ N o C'3 cn 00 to oo O O CD O b0 Ln to M cn Cd 69 64 cn �" � b0 'O O N V' 00 V 01 M ., � 4-a N QD N Q) [. u a) M a) C 00 O col�lD O N + U U D (L) D .tn- y O 01 1t lO l� [— I— NO clio U ' N to ,�, y c N C/) E L to O to to �t " 104 •_ O `n u O b0 y N 61) 1 zazz .y � tiCKI y ° N ° t! -C + U O O � �" Q. o C7 C7 CITY OF MIAMI GARDENS, FLORIDA BALANCESHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2005 ASSETS Cash Accounts receivables, net Due from other funds Due from other governments Total assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable and accrued expenses Retainage payable Due to other funds Due to other governments Security deposits Total liabilities Fund balances: Reserved Unreserved, undesignated reported in: General fund Total fund balances Total liabilities and fund balances Total Development Impact Governmental General Transportation Services Fees Funds $ 11,388,239 $ - $ - $ - $ 11,388,239 1,747,716 - - - 1,747,716 - 2,535,044 952,382 544,563 4,031,989 1,676,196 - - 190,999 1,867,195 $ 14,812,151 $ 2,535,044 $ 952,382 $ 735,562 $ 19,035,139 $ 381,986 $ 169,724 $ 82,509 - 4,031,989 - 1,448 - 133,000 - 4,630,932 169,724 7,500,000 2,365,320 342 $ - $ 552,052 - - 82,509 - - 4,031,989 - - 1,448 - - 133,000 342 - 4,800,998 952,040 735,562 11,552,922 2,681,219 - - - 2,681,219 10,181,219 2,365,320 952,040 735,562 14,234,141 $ 14,812,151 $ 2,535,044 $ 952,382 $ 735,562 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Long-term liabilities are not due and payable in the current period and therefore not reported in the funds (see Note 2) Net assets of governmental activities See notes to basic financial statements. -12- 12,669,182 (11,551,302) $ 15,352,021 CITY OF MIAMI GARDENS, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS YEAR ENDED SEPTEMBER 30, 2005 Revenues: Property taxes Utility taxes Intergovernmental Charges for services Licenses and permits Impact fees Fines and forfeitures Franchise fees Grant revenue Other income Interest Total revenues Expenditures: Current: General government: Public safety Public works Parks and recreation Code enforcement Non -departmental Capital outlay Debt service: Principal Interest and fiscal charges Total expenditures Excess of revenues over expenditures Other financing sources: Debt issued Total other financing sources Net change in fund balances Fund balances, beginning, as previously stated Prior period adjustment (see Note 11) Fund balances, beginning, as restated Fund balances, ending 8,200,000 - - 8,200,000 - - 8,819,182 509,356 952,040 558,105 1,855,964 - 803,932 - - 8,200,000 - 8,200,000 735,562 11,016,140 - 2,414,069 803,932 1,362,037 1,855,964 - - 3,218,041 $ 10,181,219 $ 2,365,320 $ 952,040 $ 735,562 $ 14,234,141 See notes to basic financial statements. -13- Total Development Impact Governmental General Transportation Services Fees Funds $ 9,951,395 $ - $ - $ - $ 9,951,395 7,856,762 - - - 7,856,762 10,192,682 3,327,330 - - 13,520,012 672,850 - - - 672,850 1,181,350 - 2,206,863 - 3,388,213 - - - 734,480 734,480 552,216 - - - 552,216 3,417,357 - - - 3,417,357 11,047 - - - 11,047 27,707 17,911 - - 45,618 236,486 - - 1,082 237,568 34,099,852 3,345,241 2,206,863 735,562 40,387,518 1,655,849 1,418,696 1,207,618 - 4,282,163 25,540,194 - - - 25,540,194 2,158 - - - 2,158 3,058,739 - - - 3,058,739 567,201 - - - 567,201 1,559,023 - - - 1,559,023 845,437 1,241,274 47,205 - 2,133,916 175,915 175,915 - - 351,830 76,154 - - - 76,154 33,480,670 2,835,885 1,254,823 - 37,571,378 619,182 509,356 952,040 735,562 2,816,140 8,200,000 - - 8,200,000 - - 8,819,182 509,356 952,040 558,105 1,855,964 - 803,932 - - 8,200,000 - 8,200,000 735,562 11,016,140 - 2,414,069 803,932 1,362,037 1,855,964 - - 3,218,041 $ 10,181,219 $ 2,365,320 $ 952,040 $ 735,562 $ 14,234,141 See notes to basic financial statements. -13- CITY OF MIAMI GARDENS, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FISCAL YEAR ENDED SEPTEMBER 30, 2005 Amounts reported for governmental activities in the statement of activities (Page 11) are different because: Net change in fund balances - total governmental funds (Page 13) Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. The details of the difference are as follows: Capital outlay $ 2,037,698 Depreciation expense (109,909) Net adjustment The issuance of long-term debt provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental fiords. The detail of the differences are as follows: Debt payments 351,830 (8,200,000) 2005 revenue bonds issued Net adjustment Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental fiends: The details of the difference are as follows: Compensated absences Change in net assets of governmental activities (Page 11) -14- $ 11,016,140 1,927,789 (7,848,170) (131,545) $ 4,964,214 NOTES TO BASIC FINANCIAL STATEMENTS CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Miami Gardens, Florida ("the City"), located in Miami -Dade County, Florida, is a municipal corporation in the State of Florida. The City, which was incorporated on May 13, 2003, by Miami -Dade County ("the County"), operates under a Council/Manager form of government. In addition to the general government function, the City provides its residents and businesses with police, parks and recreation, public works, and development (building, planning and zoning, code enforcement) services. The City operated under a tentative transition agreement with the County for this inception accounting period ended September 30, 2003. During the transition period, the City provided legislative and executive functions and the County continued to provide the municipal services that had existed and been provided by the County under its Unincorporated Municipal Service Area ("UMSA") budget. The transition was finalized in September 2004. The financial statements of the City have been prepared in conformity with accounting principles generally accepted in the United States (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below: A. Financial Reporting Entity The financial statements were prepared in accordance with government accounting standards which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the City, organizations for which the City is financially accountable, and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose it will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on, the City. Based upon the application of these criteria, there were no organizations that met the criteria described above. B. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the non -fiduciary activities of the City. For the most part, the effect of interfimd activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The City does not have any business -type activities. -15- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Government -Wide and Fund Financial Statements (Continued) The Statement of Activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct Expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds. Major individual governmental funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The governmental -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose the City considers revenues to be available if they are collected within 90 days of the end of the current fiscal period. Expenditures are recorded when a liability is incurred, as under accrual accounting. Property taxes, franchise fees, and other taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City. The City reports the following major governmental funds: The General Fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounting for in another fund. The Transportation Fund is a Special Revenue Fund and accounts for the revenues received from gas taxes and expenditures related to transportation efforts. -16- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) The Development Services Fund is a Special Revenue Fund and accounts for the revenues and expenditures related to the City's Planning and Zoning Department and its Building Department. This Impact Fees Fund is a Special Revenue Fund and accounts for impact fees assessed on residential and non-residential new development. They are designated for the use of Police protection and Parks. As a general rule, the effect of interfund activity has been eliminated from the government - wide financial statements. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. D. Assets, Liabilities, and Net Assets or Equity 1. Deposits The City's cash and cash equivalents include cash on hand, and time and demand deposits. 2. Receivables and Payables Activity between funds that are representative of lending/borrowing arrangements or routine cash management practices, the net outstanding of which at the end of the year are referred to as "due to/from other funds". 3. Capital Assets Capital assets, which include property, plant and equipment, and certain infrastructure assets (e.g., utility plant, roads, bridges, sidewalks, and similar items), are reported in the applicable governmental columns in the government -wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost or component of more than $25,000 and an estimated useful life in excess of three years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. -17- NOTE 1. CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities, and Net Assets or Equity (Continued) 3. Capital Assets (Continued) The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business - type activities is included as part of the capitalized value of the asset constructed. No such costs were capitalized in 2005. Capital assets of the City are depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 30 Improvements other than buildings 30 Furniture and equipment 3-15 4. Compensated Absences It is the City's policy to permit employees to accumulate within certain limits, earned but unused vacation time and sick leave, which will be paid to employees upon separation from City service. All vacation and sick leave pay is accrued when incurred in the government -wide financial statements. In the governmental funds, a liability is recorded only for vacation and sick leave payouts for employee separations that occurred prior to September 30, 2005 and were subsequently paid with current available financial resources. 5. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the amounts of assets, liabilities, disclosures of contingent liabilities, revenues, and expenditures/expenses reported in the financial statements and accompanying notes. These estimates include assessing the collectibility of receivables and the useful lives of capital assets. Although these estimates as well as all estimates are based on management's knowledge of current events they may ultimately differ with actual results. 6. Fund Equity and actions it may undertake in the future, In the fund financial statement, governmental funds report reservations of fund balance for amounts that are not available for appropriation or legally restricted by outside parties for use for a specific purpose. Ell" CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities, and Net Assets or Equity (Continued) 7. Reservations of Fund Balance Portions of the City's Fund Balances are legally reserved for particular purposes. The table below identifies the reservations of fund balance and explains their purpose: Fund Balance Fund Reserved Reason for reservation General Fund $ 7,500,000 Proceeds of long-term debt issued for the purpose of acquiring certain assets. Transportation Fund 2,365,320 Represents the cumulative excess of revenues over expenditures in this fund. This fund balance can only be used for transportation related purposes as described in various enabling legislative acts. Development Services Fund 952,040 Represents the cumulative excess of revenues over expenditures in this fund. By law or court decision, this fund balance can only be used for expenditures related to development activities within the City. Impact Fee Fund 735,562 Represents amounts paid by developers or property owners to offset the capital impact to certain parks, recreation, or law enforcement needs. This fund balance must be used for the purposes for which the money was collected or returned to the property owner. NOTE 2. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS The governmental fund balance sheet includes a reconciliation between fund balance — total governmental funds and net assets — governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation explains that long-term liabilities are not due and payable in the current period and therefore are not reported in the funds. The details of this $11,551,302 difference are as follows: Notes payable Obligation Due to Miami -Dade County Compensated absences -19- $ 8,200,000 3,166,470 184,832 $11,551,302 CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 3. EXCESS OF EXPENDITURES OVER APPROPRIATIONS The classification detail at which expenditures may not legally exceed appropriations is at the department level. For the year ended September 30, 2005, expenditures exceeded appropriations in the parks and recreation department by $68,923 as presented in the budgetary comparison schedule following the notes to the basic financial statements. This excess was funded by greater than the anticipated revenues. NOTE 4. DEPOSITS In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits are held in banking institutions approved by the State of Florida Chief Financial Officer, to hold public funds. Under Florida law, the State Chief Financial Officer requires all Florida qualified public depositories to deposit with the Chief Financial Officer or another banking institution eligible collateral. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Accordingly, all amounts reported as deposits are insured or collateralized with securities held by the entity or its agent in the entity's name. NOTE 5. RECEIVABLES Receivables as of September 30, 2005, for the City's general fund, including the allowance for uncollectible accounts are as follows: Property taxes $ 198,940 Utility and Franchise Taxes 469,895 Gas Taxes 171,765 Intergovernmental 579,124 Fines and Forfeitures 121,160 Impact Fees 206,832 Gross receivables 1,747,716 Less allowance for uncollectibles - Net receivables $1,747,716 NOTE 6. INTERFUND RECEIVABLES AND PAYABLES Receivable Fund Payable Fund Amount Due from/to other funds: Transportation Fund General Fund $ 2,535,044 Development Services Fund General Fund 952,382 Impact Fees Fund General Fund 544,563 $4,031,989 -20- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 6. INTERFUND RECEIVABLES AND PAYABLES (Continued) At September 30, 2005, the City's General Fund owed the City's Transportation Fund $1,496,945. This interfund receivable resulted from the City's pooled cash being recorded entirely in the General Fund. The General Fund's pooled cash included the amount owed to the Transportation Fund at year end. NOTE 7. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2005 was as follows: Governmental activities: Capital assets, not being depreciated: Land Infrastructure Construction in progress Total capital assets, not being depreciated Capital assets, being depreciated: Buildings Furniture, fixtures and equipment Total capital assets, being depreciated Less accumulated depreciation for: Buildings Furniture, fixtures and equipment Total accumulated depreciation Total capital assets, being depreciated, net Governmental activities capital assets, net Beginning Ending Balance Increases Decreases Balance $ 8,217,213 $ - $ - $ 8,217,213 - 685,001 - 685,001 - 578,573 - 578,573 8,217,213 1,263,574 - 9,480,787 2,418,746 - - 2,418,746 108,230 774,123 - 882,353 2,526,976 774,123 - 3,301,099 - (80,625) - (80,625) (2,795) (29,284) - (32,079) (2,795) (109,909) - (112,704) 2,524,181 664,214 - 3,188,395 $10,741,394 $1,927,788 $ - $12,669,182 Depreciation expense was charged as functions/programs of the primary government as follows: Governmental activities: General government Parks and recreation Code enforcement Non -departmental Total depreciation expenses - governmental activities -21- $ 87,455 4,306 14,670 3,478 $109,909 CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 8. LONG-TERM LIABILITIES The following is a summary of changes in long-term liabilities of the City for governmental activities for the year ended September 30, 2005: Governmental Activities Bonds payable and obligation: Due to Miami -Dade County Land Acquisition Revenue Bonds, Series 2005 Capital Improvement Revenue Bonds, Series 2005 Total bonds payable and obligation Other liabilities: Compensated absences Total other liabilities Governmental activities long-term liabilities Miami -Dade County Obligation Beginning Ending Due Within Balance Additions Reductions Balance One Year $ 3,518,300 $ - $(351,830) $ 3,166,470 $ 351,830 - 7,500,000 - 7,500,000 309,653 - 700,000 - 700,000 - 3,518,300 8,200,000 351,830) 11,366,470 661,483 53,287 131,545 - 184,832 - 53,287 131,545 - 184,832 - $ 3,571,587 $ 8,331,545 $(351,830) $11,551,302 $ 661,483 In September 2004, the City entered into the Interlocal Agreement with Miami -Dade County for Municipal Services and Establishment of Costs of Those Services, R-2004-68-119. As part of that interlocal agreement, the City agreed to repay to Miami -Dade County the sum of $3,518,300, payable in 10 equal annual installments of $351,830, due each September lsc The following table details the future debt service for this agreement: Principal Fiscal year ending September 30: 2006 $ 351,830 2007 351,830 2008 351,830 2009 351,830 2010 351,830 2011-2014 1,407,320 $ 3,166,470 Series 2005 $7,500,000 Land Acquisition Revenue Bond On June 23, 2005, the City issued $7,500,000 in special revenue bonds for the purpose of financing a portion of the costs of purchasing and renovating existing buildings and constructing new public facilities, purchasing land for, and financing architectural, engineering, environmental, legal, and other planning costs related thereto for, the sites of City Hall, Public Works Department facilities and other public facilities, widening roads and making other road improvements, and paying the costs of issuance of the bonds. The bonds have a maturity of 20 years and carry a fixed interest rate of 3.73% and require semi-annual payments each October I" and April I", with the final payment due October 1, 2025. The following table details the future debt service schedule for the bonds: -22- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 8. LONG-TERM LIABILITIES (Continued) Series 2005 $7,500,000 Land Acquisition Revenue Bond (Continued) $ 7,500,000 $ 3,205,765 $10,705,765 Series 2005 $2,500,000 Capital Improvement Revenue Bond _ On July 15, 2005, the City issued $2.5 million in special revenue debt. The debt is being used to finance vehicle, equipment, and machinery needs of the City over the next 5 years. The bonds bear a variable rate of determined by using the one-month LIBOR (London Interbank Offer Rate) minus 55 basis points (.55%). for the first 5 years. The bonds then may convert to a fixed rate term. The fixed rate is pegged to 67.43% of the 5 -year U.S. Treasury Bond rate on the day prior to the last advance against the bonds plus 50 basis points (.50%). The bonds may be prepaid without penalty at any time during the variable rate period. If the bonds are not prepaid at the end of the variable rate term, the bonds automatically convert to a fixed rate term of 6 years, with mandatory principal payments beginning on June 1, 2011. Prepayments of principal during the fixed rate term may be subject to a prepayment penalty. The bonds are secured by a pledge on the City's Communications Services Tax and Half -Cent Sales Tax. At year-end, the City had drawn $700,000 of the $2.5 million borrowed. The following table details the future debt service schedule for the bonds, using an assumed variable rate of 4.45% through June 1, 2010 and a fixed rate of 4.3658% thereafter. The assumed rates were determined using the market rates existing subsequent to year-end. Actual rates may be different. A higher rate will result in more interest expense to the City: Principal Interest Total Fiscal year ending September 30: 2006 $ - $ 31,150 $ 31,150 2007 - 31,150 31,150 2008 - 31,150 31,150 2009 - 31,150 31,150 2010 - 31,150 31,150 2011-2015 583,335 101,869 685,204 2016 116,665 5,093 121,758 $ 700,000 $ 262,712 $ 962,712 -23- Principal Interest Total Fiscal year ending September 30: 2006 $ 309,653 $ 212,580 $ 522,233 2007 256,401 265,831 522,232 2008 266,054 256,178 522,232 2009 276,071 246,162 522,233 2010 286,464 235,768 522,232 2011-2015 1,602,445 1,008,717 2,611,162 2016-2020 1,927,671 683,491 2,611,162 2021-2025 2,318,905 292,257 2,611,162 2026 256,336 4,781 261,117 $ 7,500,000 $ 3,205,765 $10,705,765 Series 2005 $2,500,000 Capital Improvement Revenue Bond _ On July 15, 2005, the City issued $2.5 million in special revenue debt. The debt is being used to finance vehicle, equipment, and machinery needs of the City over the next 5 years. The bonds bear a variable rate of determined by using the one-month LIBOR (London Interbank Offer Rate) minus 55 basis points (.55%). for the first 5 years. The bonds then may convert to a fixed rate term. The fixed rate is pegged to 67.43% of the 5 -year U.S. Treasury Bond rate on the day prior to the last advance against the bonds plus 50 basis points (.50%). The bonds may be prepaid without penalty at any time during the variable rate period. If the bonds are not prepaid at the end of the variable rate term, the bonds automatically convert to a fixed rate term of 6 years, with mandatory principal payments beginning on June 1, 2011. Prepayments of principal during the fixed rate term may be subject to a prepayment penalty. The bonds are secured by a pledge on the City's Communications Services Tax and Half -Cent Sales Tax. At year-end, the City had drawn $700,000 of the $2.5 million borrowed. The following table details the future debt service schedule for the bonds, using an assumed variable rate of 4.45% through June 1, 2010 and a fixed rate of 4.3658% thereafter. The assumed rates were determined using the market rates existing subsequent to year-end. Actual rates may be different. A higher rate will result in more interest expense to the City: Principal Interest Total Fiscal year ending September 30: 2006 $ - $ 31,150 $ 31,150 2007 - 31,150 31,150 2008 - 31,150 31,150 2009 - 31,150 31,150 2010 - 31,150 31,150 2011-2015 583,335 101,869 685,204 2016 116,665 5,093 121,758 $ 700,000 $ 262,712 $ 962,712 -23- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 9. PROPERTY TAXES Property values are assessed on a countywide basis by the Miami -Dade County Property Appraiser as of January 1St, the lien date, of each year and are due November 1St of the same year. The Property Appraiser certifies taxable value of property within the City and the City levies a tax millage rate upon the taxable value, which will provide revenue required for the fiscal year beginning October I". Property taxes levied each November 1St by the City and all other taxing authorities within the County are centrally billed and collected by the County, with remittances to the City its proportionate share of collected taxes. Taxes for the fiscal year beginning October 1St are billed in the month of November subject to a 1% per month discount for the period November through February, and are due no later than March 31St of the subsequent year. On April 1St, unpaid amounts become delinquent with interest and penalties added thereafter. Beginning June 1St, tax certificates representing delinquent taxes with interest and penalties are sold by Miami -Dade County, with remittance to the City for its share of those receipts. For the reported period, the City did not levy any property taxes of its own. Instead, under the terms of the incorporation by the County, the City was to operate under a transition period agreement that ultimately was settled with an interlocal agreement (see Note 10). NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES Ris': Management The City is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets, errors and omissions, and natural disasters for which the City carries pooled insurance provided by the Florida League of Cities. Second Interlocal Agreement With Miami -Dade County for Municipal Services and Establishment of Costs of Those Services, R-2004-68-119 In August 2004, the City and the County entered into an interlocal agreement that established the continuity of County provided municipal services to the City at such a time as the City wished to assume those services. The interlocal agreement established the cost of services provided by the County and established a timetable for an orderly transition of County - provided municipal services. The interlocal agreement agreed to and clarified other issues including the payment for municipal services and the transfer of municipal revenues that had been collected by the County on behalf of the City. The agreement further provides for the following payments to the County by the City for the provision of municipal services by the County to the City for the period of May 13, 2003, to September 30, 2004: $351,830 due to Miami -Dade County each September 1" for 10 years beginning September 1, 2005, and ending September 1, 2015. -24- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES (Continued) Interlocal Agreement With Miami -Dade County For Perpetual Provision of Specialized Police Services, Resolution R-2004-70-121 In August 2004, the City entered into an interlocal agreement mandated by Miami -Dade County wherein the City must annually and in perpetuity pay the County for Specialized Police Services. The cost of the service to the City is based upon a formula provided for in the Resolution that is primarily determined by Specialized Police Services activity, workloads level, and population of the City. The County requires this agreement of all newly incorporated municipalities. Existing municipalities do not pay this fee and the City expects to expend efforts in the future to eliminate this agreement. Interlocal Agreement With Miami -Dade County Providing For the Transfer of Certain Road To The City, Resolution R-2004-72-123 In August 2004, the City entered into an interlocal agreement with Miami -Dade County wherein the County transferred certain public roads within the City to the City. The City accepted all legal rights, responsibilities, and obligations related to the roads. The value of the roads had not been determined at the time of the agreement, but Management expects the roads will be recorded at several millions of dollars, net of depreciation, and will add significantly to the City's net assets. Interlocal Agreement With Miami -Dade County Providing For the Transfer of Certain Parks to the City, Resolution R-982-04 (Miami -Dade County) In September 2004, Miami -Dade County transferred to the City sixteen parks previously owned by the County. The value of the parks has been recorded in the City's financial statements and is more thoroughly described within Note 1.D., Summary of Significant Accounting Policies, Assets, Liabilities and Net Assets or Equity. Interlocal Agreement With Miami -Dade County Providing For Local Police Services to the City, Resolution R-2004-69-120 In August 2004, the City entered into an interlocal agreement with Miami -Dade County for the provision of Local Police Services to the City by the County. Under the Master Interlocal Agreement with the County, in part described above by R-2004-68-119, the City is obliged to continue Local Police Services with the County through May 13, 2007. City's Obligation To Repay Its Share of County's Outstanding Debt, Resolution R-2004-68-119 As part of the Master Interlocal Agreement with the County, and as a condition to incorporation, the City is obliged to repay its share of certain County debt instruments that had been issued for improvements to the unincorporated areas of the County. The County had pledged certain revenues in support of those debt instruments. The restrictive covenants of those debt instruments prohibit the County from releasing the pledged revenues until the -25- CITY OF MIAMI GARDENS, FLORIDA NOTES TO BASIC FINANCIAL STATEMENTS (Continued) NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES (Continued) City's Obligation To Repay Its Share of County's Outstanding Debt, Resolution R-2004-68-119 (Continued) obligations have been paid in full. The City can prepay at any time its share of the outstanding debt and thus have its revenues streams released from this encumbrance. Until that time, the City is required to let the County continue to receive those revenue streams and then forward the City the difference between what was collected and what was paid as the City's share of the outstanding debt. The City's Public Service Tax on utility service will first go to the County to pay the debt service and related costs of the County's Public Service Tax Revenue Bonds, Series 1999 and Series 2002. The County will then forward the remainder to the City. The City's Stormwater Assessments will continue to be paid directly to the County until the County's Stormwater Utility Revenue Bonds, Series 1999, mature. NOTE 11. PRIOR PERIOD ADJUSTMENT The City recorded revenue received $803,932 from Miami -Dade County subsequent to fiscal year 2004 year end. This revenue was almost entirely for communications services taxes that were remitted to Miami -Dade County by the State of Florida. The State of Florida is responsible for the collection, remitting, and auditing of taxes levied on local telecommunications services. When areas of a county are annexed into a neighboring municipality or are incorporated as a municipality, it is common that these revenues continue flowing to the county until such time as those company's records are updated. Under the terms of the Master interlocal Agreement, Miami -Dade County pays to the City from time to time these revenues. The revenues were received a few months after year end FY2004 and inadvertently posted to an adjusting accounting period not coincidental with the preparation of the City's FY2004 financial statements. Consequently, this revenue has been booked as prior period adjustment to properly reflect net increase to the City's unreserved and undesignated fund balance. -26- REQUIRED SUPPLEMENTARY INFORMATION (Other Than MD&A) CITY OF MIAMI GARDENS, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION BUDGETARY COMPARISON SCHEDULE GENERAL FUND YEAR ENDED SEPTEMBER 30, 2005 Other financing sources (uses) Bonds issued - 8,200,000 8,200,000 - Transfers in 368,886 618,000 - 618,000 Transfers out (374,821) (7,500,000) - 7,500,000 Total other financing sources (uses) . (5,935) 1,318,000 8,200,000 8,118,000 Net change in fund balances $ - $ - $ 8,819,182 $ 8,819,182 See note to budgetary comparison schedule. -27- Variance with Final Budget - Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Property taxes $ 10,014,179 $ 9,951,395 $ 9,951,395 $ - Utility taxes 8,622,991 6,742,452 7,856,762 1,114,310 Intergovernmental 8,653,131 9,630,797 10,192,682 561,885 Charges for services 200,000 670,850 672,850 2,000 Licenses and permits 750,000 991,569 1,181,350 189,781 Fines and forfeitures 694,300 551,428 552,216 788 Franchise fees 3,110,020 3,360,338 3,417,357 57,019 Grant revenue - 11,047 11,047 - Other income 32,500 240,030 27,707 (212,323) Interest 150,000 236,486 236,486 - Total revenues 32,227,121 32,386,392 34,099,852 1,713,460 Expenditures: - Current: General government: Elected officials 382,800 267,237 264,675 2,562 City Clerk 156,055 136,297 136,196 101 Administration 1,112,800 1,173,185 1,156,310 16,875 City Attorney 100,000 98,668 98,668 - Code enforcement 700,600 578,556 567,201 11,355 Public safety 25,037,804 25,541,942 25,540,194 1,748 Public works - 2,880 2,158 722 Parks and recreation 2,953,000 2,989,816 3,058,739 (68,923) Non -departmental 1,778,127 1,757,802 1,559,023 198,779 Capital outlay - 905,940 845,437 60,503 Debt service: Principal - 175,915 175,915 - Interest and fiscal charges - 76,154 76,154 - Total expenditures 32,221,186 33,704,392 33,480,670 223,722 Excess (deficiency) of revenues over expenditures 5,935 (1,318,000) 619,182 1,937,182 Other financing sources (uses) Bonds issued - 8,200,000 8,200,000 - Transfers in 368,886 618,000 - 618,000 Transfers out (374,821) (7,500,000) - 7,500,000 Total other financing sources (uses) . (5,935) 1,318,000 8,200,000 8,118,000 Net change in fund balances $ - $ - $ 8,819,182 $ 8,819,182 See note to budgetary comparison schedule. -27- CITY OF MIAMI GARDENS, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION NOTE TO BUDGETARY COMPARISON SCHEDULE YEAR ENDED SEPTEMBER 30, ?005 NOTE 1. BUDGETS AND BUDGETARY ACCOUNTING An annual appropriated budget is prepared for the general fund. The City follows these procedures in establishing the budgetary data reflected in the financial statements: (a) The City Manager submits to the Council aproposed operating budget for the ensuing fiscal year. The operating budget includes appropriations and the means of financing them with an explanation regarding each expenditure that is not of a routine nature. (b) Public hearings are conducted to obtain taxpayer comments. (c) Prior to October 1, the budget is legally enacted through passage of an ordinance. (d) The City Council, by motion, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. During fiscal year ended September 30, 2005, there were no supplemental appropriations. (e) Formal budgetary integration is employed as a management control device for the general fund. (f) The budget for the general fund is adopted on a basis consistent with generally accepted accounting principles (GAAP). -28- COMPLIANCE SECTION Cohen &Holtz Accountants Advisors Report of Independent Certified Public Accountants on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida We have audited the financial statements of the governmental activities and each major fund of the City of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005, which collectively comprise the City's basic financial statements, and have issued our report dated June 19, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the basic financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted a certain matter involving the internal control over financial reporting and its operation that we consider to be a reportable condition. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect City's ability to initiate, record, process, and report financial data consistent with the assertions of management in the financial statements. The reportable condition is described in the accompanying schedule of findings as item 2005-1. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe that the reportable condition described above is not a material weakness. -29- Rachlin Cohen & Holtz LLP One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com An Independent Member of Baker Tilly International M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida Page Two Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters, non-compliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the Mayor, City Council, management and regulatory agencies, and is not intended to be and should not be used by anyone other than these specified parties. L i-10 X�a,cl� f Miami, Florida June 19, 2006 -30- Cohen &Holtz Accountants Advisors Cohen &Holtz Accountants Advisors Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida We have audited the financial statements of the governmental activities and each major fund of the City of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005, which collectively comprise the City's basic financial statements, and have issued our report thereon dated June 19, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.550, Rules of the Auditor General. We have issued our Report of Independent Certified Public Accountants on Compliance and Other Matters and on Internal Control over Financial Reporting. Disclosures in the report, which is dated June 19, 2006, should be considered in conjunction with this management letter. In connection with our audit of basic financial statements of the City for the year ended September 30, 2005, we report the following in accordance with Chapter 10.550 Rules of the Auditor General, Local Government Entity Audits, which requires that this report specifically address but not be limited to the matters outlined in Rule 10.554(1)(h): 1. There were no significant findings or recommendations made in the preceding annual financial audit. 2. There was one recommendation to improve the City's present financial management and accounting procedures. 3. During the course of our audit, other than matters that are clearly inconsequential considering both quantitative and qualitative factors, nothing came to our attention that caused us to believe that the City: a. Was in violation of any laws, rules or regulations and contractual provisions or abuse that have occurred, or were likely to have occurred, or were discovered within the scope of the audit. b. Made any illegal or improper expenditures that were discovered within the scope of the audit that may materially affect the financial statements. -31- Rachlin Cohen & Holtz LLP One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com An Independent Member of Baker Tilly International M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T Honorable Mayor, City Council and City Manager City of Miami Gardens, Florida Page Two c. Had deficiencies in internal control that are reportable conditions including but not limited to: (1) Improper or inadequate accounting procedures (2) Failures to properly record financial transactions (3) Other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that came to the attention of the auditor 4. The City was incorporated on May 13, 2003, under the Charter and Laws of Miami -Dade County. There were no component units related to the City. 5. a. In connection with our audit, the City, during fiscal year 2005, did not meet any of the 11 conditions described in Florida Statutes 218.503(1). b. The annual financial report for the year ended September 30, 2005 has been filed with the Department of Financial Services pursuant to Section 218.32(l)(a), Florida Statutes and is in agreement with the audited financial statements for the fiscal year ended September 30, 2005. c. During the course of our audit, we applied financial condition assessment procedures pursuant to Rule 10.566(8). It is management's responsibility to monitor the City's financial condition, and our financial condition assessment, which was performed as of the City's fiscal year end, was based on representations made by management and the review of financial information provided by the City. There were no findings that identified deteriorating financial conditions. This report is intended solely for the information and use of the Mayor, City Council, management, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. RaIrl'"10V Miami, Florida June 19, 2006 Cohen &Holtz Accountants Advisors CITY OF MIAMI GARDENS, FLORIDA SCHEDULE OF FINDINGS YEAR ENDED SEPTEMBER 30, 2005 Reportable Condition 2005-1 Financial Reporting Criteria The City's books and records should be maintained on a current basis and be inclusive of all of the City's transactions. This is essential to ensure accurate financial reporting. Condition We noted that the books and records of the City were not maintained on a current basis, nor did they properly reflect all the transactions of the City. We noted the following: • There were a series of transactions posted in the development services cashiering system that did not include identifying account numbers that would allow the transactions to be promptly reported in the City's general ledger. The City posted the transactions to a suspense account which was reconciled during the audit. • Various account reconciliations were not performed as of the fiscal year end. • Capital asset records were not updated. • Retainages payable for construction projects were not recorded as an expenditure simultaneously with the payment to the contractor. Cause The lack of adequate internal controls over the financial reporting process Effect The City did not have accurate monthly financial statements and the audit for the fiscal year ended September 30, 2005 could not be completed in a timely manner (completed in late June of 2006). Recommendation We recommend that the City strengthen its internal controls over financial reporting and recordkeeping so that process can be effectuated in a timely manner. View of Responsible Officials and Planned Corrective Actions The development services transactions resulted from a period of time during which a cash registering and permit subsystem had problems communicating with each other. Rather than not deposit the cash, it was decided to post the revenue to a temporary account to reconcile at a later time. Management does not believe that this issue will recur; however, as the City has quickly grown, it will need to add additional accounting staff to make sure these types of issues are more timely addressed. -33- CITY OF MIAMI GrARDENS, FLORIDA SCHEDULE OF FINDINGS (Continued) Reportable Condition (Continued) 2005-1 Financial Reporting (Continued) View of Responsible Officials and Planned Corrective Actions (Continued) Management does not believe it affects decision-making during the year to reconcile its capital asset records other than at year-end. It does acknowledge that the purchasing and accounting staff need to be better trained to recognize the proper accounting entries for retainage amounts owed under construction contracts. Management also recognizes that the City has quickly grown and that its financial operations need to be brought entirely in-house and greatly expanded. To that end, the City has acquired and is in the process of deploying its own financial accounting system and other subsidiary systems. The City also plans to hire additional accounting staff through its FY2007 budget. -34- 1515-200 NW 1671h Street Miami Gardens, Florida 33169 City of -1V[iami Gardens Mayor Shirley Gibson Vice Mayor Oscar Braynon Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson To: Mayor & City Council From: Danny O. Crew, City Manager Date: 6/22/06 Re: 2006 Emergency Hurricane Supplemental /Urban & Community Forestry Grant The loss of tree cover in our already low tree canopy has created a negative ecological and aesthetic impact. To address this situation staff recommends applying for the 2006 Emergency Hurricane Supplemental /Urban & Community Forestry Grant. In order to be awarded funds for the U&CF Grant, Council must support a resolution approving the City Manager to apply for the grant and to enter into a Maintenance Memorandum of Agreement between the city and the Florida Department of Agriculture and Consumer Services. The grant requires a 25:75 match from the City in the event the grant funds are awarded. The grant will request for monies to plant trees in the city's right-of-way. We recommend that the City applies for up to $30,000. J-2) CONSENT AGENDA 1 RESOLUTION URBAN & COMMUNITY FORESTRY GRANT RESOLUTION NO. 1 RESOLUTION No. 2006 — 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY 5 FOR AN URBAN AND COMMUNITY FORESTRY GRANT FROM THE 6 STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND 7 CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO 9 ATTEST TO ANY AND ALL DOCUMENTS NECESSARY TO OBTAIN 10 THE URBAN AND COMMUNITY FORESTRY GRANT; PROVIDING FOR 11 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 12 EFFECTIVE DATE. 13 14 WHEREAS, trees are an important part of our community, and 15 WHEREAS, the City of Miami Gardens has received significant damage to its 16 urban trees as the result of the 2005 hurricanes, and 17 WHEREAS, the loss of tree cover in the City's already low tree canopy has 18 created a negative ecological and aesthetic impact, and 19 WHEREAS, the City of Miami Gardens desires to apply for an Urban and 20 Community Forestry Grant which would provide monies to help remediate the impacts 21 of the 2005 hurricanes, and 22 WHEREAS, the City of Miami Gardens wishes to enter into an Urban and 23 Community Forestry Grant Memorandum of Agreement between the City of Miami 24 Gardens, Florida and the Florida Department of Agriculture and Consumer Services, 25 and 26 WHEREAS, the Urban and Community Forestry Grant requires a 25:75 match 27 from the City in the event the grant funds are awarded, and 28 WHEREAS, City staff recommends that the City applies for up to $30,000 in 29 Urban and Community Forestry Grant monies. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 109876-1 RESOLUTION NO. 1 OF MIAMI GARDENS, FLORIDA, as follows: 2 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 3 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 4 made a specific part of this Resolution. 5 Section 2. AUTHORITY: The City Manager, or his designee, is hereby 6 authorized and directed to apply for and enter into a Maintenance Memorandum 7 of Agreement between the City of Miami Gardens and the Florida Department of 8 Agriculture and Consumer Services for an Urban and Community Forestry Grant. 9 Section 3. AUTHORITY: The City Manager is further authorized to 10 execute and the City Clerk is authorized to attest to any and all documents 11 necessary the Maintenance Memorandum of Agreement between the City of 12 Miami Gardens and the Florida Department of Agriculture and Consumer 13 Services for an Urban and Community Forestry Grant. 14 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 15 upon its final passage. 16 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 17 GARDENS AT ITS REGULAR MEETING HELD ON JULY, 2006. :, 19 20 21 22 23 24 25 26 27 28 I_X��.415 RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney 109876-1 SHIRLEY GIBSON, MAYOR RESOLUTION NO. 1 SPONSORED BY: DANNY O. CREW, CITY MANAGER 2 3 MOVED BY: 4 5 VOTE: 6 7 Mayor Shirley Gibson (Yes) (No) 8 Vice Mayor Oscar Braynon, II (Yes) (No) 9 Councilman Melvin L. Bratton (Yes) (No) 10 Councilman Aaron Campbell (Yes) (No) 11 Councilman Ulysses Harvard (Yes) (No) 12 Councilwoman Sharon Pritchett (Yes) (No) 13 Councilwoman Barbara Watson (Yes) (No) 14 SKD/ejec 109876-1 1515-200 NW 1671h Street Miami Gardens, Florida 33169 City of �44iami Gardens Mayor Shirley Gibson Vice Mayor Oscar Braynon 11 Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Audrey King Councilwoman Sharon Pritchett Councilwoman Barbara Watson I►�I�l► C� :: ►It 1►� To: The Honorable Mayor & City Council Members From: Dr. Danny Crew Date: 6/8/06 Re: CMG Community Beautification Grant Program In an effort to further support community improvement projects the Keep Miami Gardens Beautiful (KMGB) board recommends the implementation of a Community Beautification Grant. The grant would provide matching grant support to nonprofit organizations, neighborhood associations, schools and other community organizations who wish to help foster community pride in the City of Miami Gardens through beautification or landscaping. Grants will generally range from $100-$2,500. However, on a project -by -project basis, some grants may be funded at a higher level. Funding is to be matched (50/50) by budgeted funds, volunteer efforts and/or matching cash donations. Material purchased with grant funds will be processed through the city's procurement department. Applications will be reviewed and approved by the KMGB board. City of Miami Gardens would awards grants twice a year, once in the fall and again in early spring. Primary areas of interest are highly visible sites to be enjoyed by the public, which includes: • Theme, cultural or educational gardens • Plants and materials • Life Lab projects to that teach science, nutrition and horticulture • Graffiti removal or restoration projects on wall or fence RECOMENDATION: That City Council supports a resolution approving the implementation of a Community Beautification Grant. J-3) CONSENT AGENDA RESOLUTION COMMUNITY BEAUTIFCATION GRANT RESOLUTION No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY BEAUTIFICATION GRANT; APPROVING THE FORM COMMUNITY BEAUTIFICATION GRANT PARTICIPATION AGREEMENT FOR PARTICIPANTS IN THE GRANT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, as an effort to further support community improvement projects, the Keep Miami Gardens Beautiful ("KMGB") board recommends the implementation of a Community Beautification Grant ("Grant"), and WHEREAS, the Grant would provide matching grant support to nonprofit organizations, neighborhood associations, schools and other community organizations who wish to help foster community pride in Miami Gardens through beautification or landscaping, and WHEREAS, the Grants will generally range from $100 to $2500, however, on a project -by -project basis, some grants may be funded at a higher level, and WHEREAS, funding is to be matched (50/50) by budgeted funds, volunteer efforts and/or matching cash donations, and WHEREAS, the City of Miami Gardens would award Grants twice a year, once in the fall and again in early spring with the primary areas of interest being highly visible sites to be enjoyed by the public including theme, cultural or educational gardens; plants and materials; Life Lab projects that teach science, nutrition and horticulture; and graffiti removal or restoration projects on walls or fences, 109068-1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council approves the implementation of a Community Beautification Grant. In addition, the City Council approves the form Community Beautification Grant Participation Agreement. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON July 12, 2006. ATTEST: SHIRLEY GIBSON, MAYOR RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Oscar Braynon, II (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell (Yes) (No) 109068-1 Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson SKD/ejec 109068-1 (Yes) (No) (Yes) (No) (Yes) (No) CITY OF MIAMI GARDENS COMMUNITY BEAUTIFICATION GRANT PARTICIPATION AGREEMENT THIS AGREEMENT entered into this 2006, by and between: CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida, hereinafter referred to as "City", and having and address of hereinafter referred to as "Participant", day of WHEREAS, pursuant to Resolution , at its meeting of , 2006 the City Council of City, authorized the creation of a Community Beautification Grant Program, and WHEREAS, the Community Beautification Grant Program ("Program"), provides grant funds from the City of Miami Gardens, to nonprofit organizations, neighborhood associations, schools and other community organizations who wish to help foster community pride in the City through beautification or landscaping, and WHEREAS, grants will generally range from $100 - $2,500; however, on a project -by -project basis, some grants may be funded at a higher level, and WHEREAS, Program participants must match the grant funding 50/50 by budgeted funds, volunteer efforts and/or matching cash donations, and WHEREAS, Program participants must submit an application for Program funds, the Beautification Board shall make a recommendation for the awarding of the grant funds, with final approval to be given by the City Manager. In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. PURPOSE AND SCOPE (A) The purpose of this Agreement is to outline provisions by which City will provide grant funds to Participant for the beautification or landscaping on real property legally described as: and more commonly known as: Miami Gardens, Florida("Property"). (B) Funds provided herein by City may be used to pay for the cost of labor and materials necessary to landscape and/or develop life lab projects and improvements to the Property. Eligible items include, costs of permits, architectural design, landscaping, and other approved aesthetic enhancements. No City funds shall be used for any overhead costs. (C) Funds will be provided to Participant in the form of a grant, to be paid on a reimbursable basis after receipt and verification of an invoice submitted to the City, satisfactory to City, in its sole discretion. The City will endeavor to remit reimbursement within thirty (30) days of the receipt of the invoice. (D) Landscaping improvements and/or Life Lab projects to be made in conjunction with this Agreement must commence no later than 90 days after the execution of this Agreement. Should Participant fail to commence work on the Property within the 90 day time period, City reserves the right not to award the funds granted herein. If City exercises this right, Participant may reapply to City for grant funds at a later date. 2. GRANT TERMS (A) The total amount of this grant shall be $ . Grant funds shall be used in accordance with the attached Exhibit "A". (B) Participant must demonstrate to City that any funds required to complete the improvements on the Property, over and above what has been provided herein have been obtained. (C) The funds provided herein shall be disbursed by the City for costs related to the landscaping improvements on the Property. (D) Funds provided herein shall be given to Participant on a reimbursement basis with a maximum of two requests from Participant upon receipt, review and verification of invoices to City, satisfactory to City, in its sole discretion, from Participant for materials or services paid for by Participant. (E) Notwithstanding any other provision of this Agreement to the contrary, City may withhold in whole or in part payment for failure of Participant to comply with a term or condition or requirement of this Agreement, or to the extent necessary to protect itself from loss on account of fraud, misrepresentation or unsatisfactory or inadequate record keeping, which has not been resolved to the satisfaction of City. 3. INDEMNIFICATION Participant shall protect, defend, indemnify and hold harmless the City, its officers, employees and agents, from and against any and all lawsuits, penalties, claims, damages, settlements, judgments, decrees, costs, charges and other expenses or liabilities of every kind, sort or description including, but not limited to, attorneys' fees at both the trial and appellate levels, in connection with or arising, directly or indirectly, out of or resulting from the Owner's and Participant's acts or omissions in performing their obligations under this Agreement. Without limiting the foregoing, any and all such claims, relating to personal injury, death, damage to property, defects in material or workmanship, actual or alleged infringement or any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance administrative order, rule or regulation or decree of any court, are included in the indemnity. The Owner and Participant further agree to investigate, handle, respond to, provide defense for, and defend any such claims, at his sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is groundless, false or fraudulent. Nothing contained herein shall be deemed a waiver of sovereign immunity by the City. 4. CONSTRUCTION All construction work must be performed by licensed contractors and appropriate permits will be required. Construction shall not commence without appropriate and sufficient fire and casualty insurance on the Property. 5. RECORDS AND RECEIPTS The Participant shall maintain records and receipts pertaining to this Agreement and make them available for review in Miami -Dade, Florida, for the duration of the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the Grant Agreement, the records must be retained until completion of the action and resolution of all issues which may arise from it. 6. SURVIVAL OF AGREEMENT The parties hereto agree that the terms and conditions of this Agreement shall be a continuing obligation and undertaking and shall not cease until the entire grant or any other amounts which may occur pursuant to this Agreement are paid in full, and until the obligations and undertaking of the Owner and the City have been fully completed and discharged. 7. SEVERABILITY If any section, subsection, clause, sentence, or provision of this Agreement shall be held invalid for any reason, the remainder of this Agreement shall not be affected thereby. 8. NOTICE Any notice by either party under this Agreement should be deemed sufficient if given in writing and hand delivered and or sent by registered or certified mail, postage prepaid and return receipt requested, to the appropriate parties indicated below: As to the City: As to the Participant: City of Miami Gardens C/o Keep Miami Gardens Beautiful 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, FL 33169 9. INTEGRATION This Agreement and Exhibits or Attachments specifically referenced herein constitute the entire agreement between the City and Owner. No prior written, prior or contemporaneous oral promises or representations shall be binding on either party. This Agreement shall not be amended, except by written instrument signed by both parties. 10. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida, with venue lying in Miami -Dade, for the purpose of any litigation that may arise herefrom. 11. TERMINATION OF AGREEMENT (A) This Agreement, in whole or in part, may be terminated by either party, for cause upon thirty (30) days written notice to either party. If the City terminates this Agreement for cause, the City shall be under NO obligation to make further payments to Participant. (B) In the event funds to finance improvements made in connection with this Agreement become unavailable, the obligations of each party hereunder may be terminated upon no less than twenty-four(24) hours written notice to the other party. 12. WAIVER No waiver by the City of any breach of any provision of this Agreement shall be deemed to be a waiver of any other provision or be construed to be a modification of the terms of this Agreement. 13. ATTORNEY'S FEES If either party is forced to bring a court action under this Agreement, the prevailing party shall be entitled to attorney's fees. 14. MAINTENANCE Participant shall have the responsibility to maintain the Property. 15. MISCELLANEOUS PROVISIONS (A) This Agreement does not create an employer/employee relationship between the parties or their respective agents, employees, officers or other personnel. It is the intent of the parties that the Participant is not a City of Miami Gardens employee for all purposes. (B) The Participant may not assign, transfer or otherwise encumber this Agreement, under any circumstance, without the prior written consent of the City. [THIS SPACE WAS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: CITY OF FORT LAUDERDALE By Mayor By City Manager (CORPORATE SEAL) ATTEST: City Cler Approved as to form: City Attorney IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: CITY OF MIAMI GARDENS By Mayor By City Manager (CORPORATE SEAL) ATTEST: City Cler Approved as to form: City Attorney Date: City of 914iami Gardens Community Beautification Grant Organization Name: Organization Address: City Telephone: ( ) Contact Person and Title: Amount Requested : Project Title: Grant Cover Sheet Please Print or Type State Zip E-mail: Phone: ( $2,500 maximum request) Number of individuals served by the program: Have you previously received a KMGB Grant? If so, when: Project Location: Distance to nearest Street or Park: (Must be in a highly visible location) Please include the following in your application: Grant Cover Sheet Executive Summary (1 page max.) — Brief description of organization, mission statement, brief description of program or project for support, impact on community, organization's experience in accomplishing goals of project, and time frame. Program Description (2 pages max.) — Clearly state project goals, objectives, related activities, definition of program success and expected outcomes, pictures of site, measurement and evaluation procedures/standards. Budget (1 page) - Allocation and narrative (Specifically, how City funds will be used in project), attach Summary of Cost sheet (place in-kind figures in Summary of Cost grid) Proof of Non-profit Status *Applications should be typed on your organizations letterhead and be no more than seven pages long, including cover sheet. Proposals must be single -sided, single-spaced and must be printed in typeface no smaller than 12 point font with I -inch margins. Incomplete applications will not be reviewed. Submit Proposals to City of Miami Gardens C/o Keep Miami Gardens Beautiful 1515 NW 167 St. Bldg 5 Suite 200 Miami Gardens, FL 33169 Summary of Cost (50/50 match) Cost Items Quantity (# Rate our Price $ Requested Grant ($ Applicants Match $) 1. Example- flowers 50 $2.00 $50.00 $50.00 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL City of �44iami Gardens' COMMUNITY BEAUTIFICATION GRANT Do you have a really beautiful idea for your neighborhood? Here's what you can do: • You can get plants and materials in exchange for your volunteer planting and maintenance efforts. • Projects must be within the city limits of Miami Gardens, and in a highly visible public area. • Schools, nonprofits, and other neighborhood organizations who wish to help foster community pride in Miami Gardens are eligible. Basic Philosophy City of Miami Gardens provides matching grant support to nonprofit organizations, neighborhood associations, schools and other community organizations who wish to help foster community pride in Miami Gardens through beautification or landscaping. Grant Range Grants generally range from $100-$2500. However, on a project -by -project basis, some grants may be funded at a higher level. Funding is to be matched (50/50) by budgeted funds, volunteer efforts and/or matching cash donations . Material purchased with grant funds will be processed through the city's procurement department. Application Procedures City of Miami Gardens awards grants twice a year, once in the fall and again in early spring. Applications may be obtained by calling the Office of Keep Miami Gardens Beautiful at 305-622-8034. We can mail, fax or email the application to you. Then simply follow the instructions in the application packet. Each eligible applicant will be required to appear before our KMGB Grant Review Committee for a short presentation and to answer questions about their proposal. Areas of Interest Primary areas of interest are highly visible sites to be enjoyed by the public, which include: • Theme, cultural or educational gardens • Plants and materials • Life Lab projects that teach science, nutrition and horticulture • Graffiti removal or restoration projects on wall or fence Matching Grant Information As an incentive to foster a greater sense of pride in the community and to re- establish the colorful, fruitful heritage of Miami Gardens, "The Garden City", Keep Miami Gardens Beautiful provides grant awards for beautification projects that: • Are highly visible to the general public • Provide educational enrichment opportunities for residents and visitors • Are reflective of the specific theme, such as cultural heritage gardens, rose gardens, Victorian gardens and so on • Promote and preserve the cultural heritage of our community • Promote tree planting and preservation • Promote stewardship of the environment • Enlist community participation • Secure long-term maintenance assurances Examples of beautification projects eligible for funding include: Landscaping projects, including plants, trees, containers, walkways, benches, tables, fountains, decorative structures and irrigation systems Life Lab projects that teach science, nutrition and the benefits of horticulture through active participation and curriculum Approval is given by the Keep Miami Gardens Beautiful board at its regular meeting time. Examples of ineligible projects include: • Requests from individual property owners on their own behalf • Tree removal • Play equipment • Overhead costs (office supplies, phone bills, it etc.) Grant Award Guidelines 1. Generally, grants are awarded in amounts of $2,500 for the purchase of materials, rather than in labor. 2. Projects that have demonstrated commitment from the applicants and the surrounding community are given preference. 3. Volunteer labor, cash or material contributions from outside sources must equal or exceed grant award. Manual labor is to be valued at $10.00 an hour. Skilled trade labor may be valued at general cost rate. 4. Applicants are fully responsible for completing beautification projects. Applicants who fail to start their project within ninety (90) days of receipt of the grant award or who fail to complete their project within ninety (90) days of their estimated completion date maybe required to return the grant award. 5. Where appropriate, applicants for landscaping projects are strongly advised to obtain assistance from design professionals before submitting their application. 6. Applicants whose beautification projects fit the basic criteria for grant award are required to make a brief presentation within approximately two weeks of the application deadline. Funding recommendations are then forwarded to the Keep Miami Gardens Beautiful board for decision at their next regular meeting. 7. Applicants must have written approval by landowner to do work on proposed location. Forms Required Following Grant Award LETTER OF AGREEMENT - must be signed and returned before grant award can be funded. GRANT REPORTING FORM, A COST BENEFIT ANALYSIS FORM, copies of all purchase receipts, labeled "AFTER" photographs must be submitted within three weeks after beautification project completion. These reports must summarize the total value of the project, including volunteer contributions and City of Miami Gardens grant award. Standard Conditions Grant applicant agrees to acknowledge funding to City of Miami Gardens in any and all press releases and public announcements regarding beautification projects. 1. Grant applicant agrees to post a visible sign provided by Keep Miami Gardens Beautiful, acknowledging funding by City of Miami Gardens. The sign must be maintained by grant applicant. 2. Grant applicant agrees to maintain, or have maintained, that beautification project for minimum of three years after the completion date of the project. 3. Application Instructions • Fill in all blanks completely. • You must provide a tax identification number for your organization. • All attachments must be clearly labeled with organization, project, date and location. All photographs must be so labeled. • All blueprints and site maps must show north direction. Streets and structures must be shown and labeled. Return completed applications by mail to: City of Miami Gardens c/o Keep Miami Gardens Beautiful 1515 NW 167 St. Bldg 5 Suite 200 Miami Gardens, Fl. 33169 City of -MiamiGardens 1515-200 NW 167th Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon 11 Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: July 12, 2006 Re: Proposed Resolution waiving competitive bidding and authorizing the City Manager to execute an agreement to resurface/repave streets The City Council authorized the City Manager to execute an agreement for resurfacing/repaving of City streets on December 8, 2004, to H & J Asphalt Paving, Inc. This agreement has now expired. In order to continue our resurfacing/repaving program, we need to authorize H & J Asphalt, Inc. to continue in accordance with the Miami -Dade County Public Works Department's contract and amendment dated June 1, 2006. Miami -Dade County Public Works Department competitively bid the project street resurfacing and awarded a contract to H&J Asphalt Paving, Inc. in June 2005. In order to deal with the sharp rise in the cost per ton of asphalt an amendment was executed on June 1, 2006 between the County and H & J Asphalt, Inc. Funding for this expenditure is provided in the Transportation Gas Tax Fund and through an interlocal agreement with the County to use QNIP funds. Recommendation: That the City Council approve the attached resolution waiving competitive bidding and authorizing the City Manager to execute an agreement with H & J Asphalt Paving, Inc, in accordance with the Miami -Dade County Public Works Department agreement and amendment, subject to available budgetary funds. J-4) CONSENT AGENDA RESOLUTION H & J ASPHALT, INC. AGREEMENT I RESOLUTION No. 2006- 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO 5 EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT 6 WITH H & J ASPHALT, INC., FOR STREET RESURFACING ON AN AS - 7 NEEDED BASIS, BY RELYING UPON THAT CERTAIN AGREEMENT 8 BETWEEN MIAMI-DADE COUNTY AND H & J ASPHALT, A COPY OF 9 WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING A 10 WAIVER TO THE COMPETITIVE PROCESS; AUTHORIZING THE CITY 11 MANAGER TO EXPEND FUNDS IN ACCORDANCE WITH THE 12 AGREEMENT, NOT TO EXCEED BUDGETED FUNDS; PROVIDING FOR 13 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 14 ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE 15 DATE. 16 17 WHEREAS, the City previously entered into an agreement with H & J Asphalt, Inc. 18 ("H &J"), for street resurfacing and repaving, and 19 WHEREAS, the City's prior agreement with H & J has expired, and 20 WHEREAS, Miami -Dade County competitively bid a street resurfacing and 21 repaving Contract to H & J Asphalt, Inc., in June of 2005, which was amended on June of 22 2006 to increase the costs, due to the sharp rise in prices after the 2005 hurricane season, 23 and 24 WHEREAS, the City Manager is recommending that the City Council contract with 25 H & J Asphalt, by relying upon H&J's Contract with Miami -Dade County, as amended, on 26 an as -needed basis, in accordance with funds budgeted for this purpose, and Paqe 1 Resolution No. 2006- 1 WHEREAS, the City Manager is also recommending that the City Council waive the 2 competitive bidding requirements of the City's Purchasing Ordinance in light of the fact that 3 the services cannot be acquired through the normal purchasing process, 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS.- 6 OLLOWS:6 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 7 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 8 made a specific part of this Resolution. 9 Section 2. AUTHORIZATION: The Mayor and City Clerk are hereby 10 authorized to execute and attest that Certain Agreement with H & J Asphalt, Inc., for Street 11 Resurfacing and Repaving, a copy of which is attached hereto as Exhibit "A," by relying 12 upon the Agreement between H & J Asphalt, Inc., and Miami Dade County dated June 17, 13 2005, as amended. 14 Section 3. AUTHORIZATION: Pursuant to Section 15(a) of the City's 15 Purchasing ordinance, the City Council hereby authorizes a waiver of the competitive 16 bidding requirements of the Purchasing Code. Paqe 2 Resolution No. 2006- 1 Section 4. AUTHORIZATION: The City Manager is hereby authorized to 2 expend funds in accordance with the Agreement between the City and H & J, on an as - 3 needed basis, in an amount not to exceed the budgeted funds for this purpose. 4 Section 5. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 5 authorized to obtain four (4) fully executed copies of the subject Agreement, with one to be 6 maintained by the City, with one to be delivered to H & J Asphalt, Inc., and with one to be 7 directed to the Office of City Attorney. 8 Section 6. EFFECTIVE DATE: This Resolution shall take effect immediately 9 upon its final passage. 10 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 11 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. 12 13 14 15 16 17 18 19 20 21 22 23 24 SHIRLEY GIBSON, MAYOR ATTEST: I\\JIVLI I/-% Ir1I 1—%-; FX, I_�IVIk�, LalI T ULEMN Prepared by SONJA KNIGHTON DICKENS, ESQ. Paqe 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Resolution No. 2006- City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson _(Yes) _(No) Vice Mayor Oscar Braynon, II _(Yes) (No) Councilman Melvin L. Bratton _(Yes) (No) Councilman Aaron Campbell _(Yes) _(No) Councilman Ulysses Harvard _(Yes) (No) Councilwoman Sharon Pritchett _(Yes) (No) Councilwoman Barbara Watson _(Yes) (No) SKD/bfc 109550_2.DOC Paqe 4 AGREEMENT FOR STREET PAVING AND RESURFACING This Agreement is made this day of 2006, by and between City of Miami Gardens, 1515 NW 167th Street, Suite 200, Miami Gardens, Florida 33169, and H & J Asphalt, Inc. 4310 NW 35h Avenue, Miami, Florida 33142. WHEREAS, the Miami -Dade County Public Works Department competitively bid and awarded a Contract to H & J Asphalt, Inc. for street repaving and resurfacing dated June 17, 2005 ("Miami -Dade Contract"), and amended on June 1, 2006 ("Miami -Dade Amendment"); and WHEREAS, H & J Asphalt, Inc. agrees to allow the City of Miami Gardens to "piggy -back" on the Miami -Dade Contract and Amendment, NOW THEREFORE, in consideration of the monies herein described and for other good and valuable considerations, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The terms of that certain Miami -Dade Contract and Amendment, and all Contract Documents referenced in Article 6, and attached thereto, are hereby incorporated herein by reference. 2. All references in the Miami -Dade Contract and Addendum to "Miami -Dade County" shall be changed to "City of Miami Gardens." 3. Where the specifications and for "raising manhole or water value covers with concrete" shall be deleted and replaced with "raise the manhole or water value covers using riser rings. 4. Article 2. of the Miami -Dade Contract (Contract Sum) shall be deleted and shall be replaced by the prices quoted in the Amendment to the Miami - Dade County Contract Dated June 1, 2006. 5. The terms "Stop Bar Striping" shall be amended to include "Stop Bar 50 ft of double yellow 6 RPMS Thermoplastic paint at $130.00 each. 6. This Agreement shall be effective for a period of one year commencing upon the date of execution. 7. All terms and conditions of the Contract and Amendment not amended by this amendment shall remain in full force and effect. 8. In the event of any inconsistency between the Miami -Dade Contract, the Miami -Dade Amendment, or this Agreement, this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. CITY OF MIAMI GARDENS Shirley Gibson, Mayor Date ATTEST: City Clerk Ronetta Taylor, CMC Approved as to form: Sonja K. Dickens, City Attorney H & J ASPHALT, INC. By: Signature Date Print name 110001_1.DOC 06/27/2006 06:22 3056343313 OFFICE PAGE 02 4310 NW 35�" AVENUE MIAMI, rl. 33142 PHONE: 305-634-3342 hja. pI�@he.11sou=h..n�1-. H & J ASPHALT, INC. I'AX: 305-634-3313 Juane 28, 2006 City of Miami Gardens Dept. of Public Works 1.515 NW 167 StrwM Building 5, Suite 200 Miami Gardens, FL 33169 Attention: Mrs. Mariana Pitiriciu Reference: Resurfacing Contract. Subject: Reluest for price adjustment Dear Mn. Pitiricill: The foregoing .is to let you know that H&J Asphalt, me is willing to accept the same price adjustments Haat we have negotiated under out current Resurfacing Contract with Miami Dade County, to apply with the City of Miami Gardens, allowing the City to piggyback. Thank you for your attention to this matter. ,Tf you. have any questions or concerns, please do not hesilate to contact me, Sineere , Jorge or Vice -President / I -W Asphalt, Inc. 06/03/2006 01:09 305634313 OFFICE PAGE 02 ^2!2008 F I 13:35 FAX 305 375 2547 FUBLTC WORKS CONST .Dtv IA002 e / rilL'.y 'tly�q �1i�r~I AM Coe nlinatim hRrm�Coonfinaclai hiiaAal �a..M1e Art In %,belt Plane Auditond Managnment %vim Ayiaila t3vildtni RUlidins code Compllana pusi—; oveicpmen Capital fmprpunrrlenE C7dznn� Indmprscfent7ranspanat1an Trus Commi-Fiw M EdNrra ,ind Pubk Tn. CommuTl(winm Community Aethm ARe Iq Community & Em;Qjnie Devalppminl Community Rahtt—! cdMumai Swan Corrmdtmy y,RehmhMaiion Cultumf Af4ife EIr`[tfPr15 Emtsracnry ma nagemml Finployma ketailons Empow&ment'j LW EnteeQrMe h:ctmpragy Servlreg Erwlronmentzt Remurcu Managcm6o tktir smPlaymOnt PtadSn, Finnan Rn; RG3eve CMnrnai 5eNlces Admitibtmnan Historic Preaeva4on Ham-455TILdt WautinRARanCy 1 touains Filmme Authority Humap SeAir-m Independent Tir 16 v Pana M14matiou➢Trade Consortium luvenilct $eMoe Metal Examiner MetrvMfYn1i Aeffon Phn Metfapoiltnri Pllnning OrpnizvL. Nrk and Rrrmation Planning and Zonina Finite PrwVromanl ManaR¢e+tnt ProPnny Appmiwf Public L+lbmrp sygwm Pvbliq wbrfm Safe Neighborhood Parhr Seaport Sond Wade Manasement She[e$ic au3incrc Md'q} rngm Team Metra Tkun:t Tock Force an Uk-n ECung nic RovildiiAtiQn Vizcaya Mu3Fum And Gwd mr Waw d Sewn Public Works 111 NW 1 svS#reet • Suite 1610 Miami, Florida 33128-1970 T 305-375-2111 F 305-375-2547 tniarn1dade.gov 31'IIANU DADE COUNTY PU13LIC WORKS DEPAR.'rAONT IiJESLgWACING CONTI,ikCTS No. 20030252, 200.301253, 20040422., 20040423 and 20050155. CONTRACTOR: OR: H & J Asphalt Inc. 4310 NW 35 AVE Miami, F133142 " 0-1. August 25, 20105 Miami Dade Cou ntY was stricken by Hurricane Katrina. On Septetnbea; 19, 2005 Ilnrricaue Rita made landfall in the South Florida area, October 24, X05 Miami lade County was brae again hit by Hur::icano Wilma. The impact of the t'h"Ce storms resulted in a delay of approximately four inontbis in alt ongoing resarfacixtg contracts at tho time. In addition, OIL November, 2005, Port Everglades laotified the contractor's that AC -30 Iigt41 , which is one of the rnaht ingedieuts in the production of asphalt, was no longer and,would.not be available at said port fot an iradeflWte period of tirlie. The contractors were able to purchase the liquid, wheu available, at other ports such, as Tampa and Jacksonville in lit3ited quwititics, higher prices and additional transportafi,on costs. This crisis added approx mately t'bree more moTzths to the already existing delay. It is in the best interest of the County to complete the pendix,g ia�frastractt L iMPIr avement proprams before additional price increases occur, TO complete the work delayed by the 2005 himicane season and the unavailability of AC,30 liquid used far the productim of asphalt, effective Junicy e -1q 2006, contractors that exeecd them tracWat J: otttbly Prodnctioa Ratc of $8t1a0W.0'0 25°70 or more will be conl0hsatcd ng to $20.00 per Tort of Asphalt, not ti) exceed a total per.tozz rate of $6E.00, subjeef to t,.e ,loll owing provisions. l.-Cl3mPensation will be made only if tiro $10%000.40. In the event that, due to cirl subli as inclement weat4er, , b Clitit? S o{H, working days in the r�S % 02 .> 41 .V ''. � iii'•'+ •{ is%`�,µ 06/03/2006 01:09 3056343313 OFFICE 05.102/2008 FRI 15:36 FAX 305 375 2547 PLISLIC Wt7RFS CONST DIV Mt ADA GUordiMfror, Agenda CcprdlnAfth PAGE 03 [�j003 .Public Works 171 NW 1st Street +. Suite 1610 Miami, Norfda 33128-1970 1-305-375-2111 F305-375-2547 miamidade-gov An'hlalgerwl�.% 2 -For any period that the production rate falls below $100,0 Art 1n P4jjc P 00.(}0, unless clause No. 1 utty Audit and Menagerhent&,—Irm applies, the contractor will be paid at the established contract prices. Pwitrllon euildms 3 -Additional compensation will be made only ou portioaas of the work accepted by the 8uild-Rin"S Cort1P11MUr }Aecr. Portions of work Fl t fail ,insPection will not be considered as paxt Of the Qpitresmprm pmnts . monthly produetrozz gate until deficiencies have been corrected. Ca pi Gl I mpr�Uvahteals Citizernr IndepcndUp(tgnyportffon Tput COMH"tion on Etli cs and Publk7htst "'—If, fOr the c0.t_v0nye1 Qe Of the County and at the ihserctioh of the Dcpa7'tiai(nt� the Communlraprtrl7 wOntractor is asked to rewain working 1JQ a gpecifac wank ardeir, wl7.icl] affccis the CommunllyAdlUn ARe-,y produ,.ycttion rate in au.y Other contract, the Camrmmity & Etonomlq (]evelupmrnt contractor will be compezx$ated iia all contracts j 7rovided that the combined a'a'jonthl CommunityRclpliaaa 3600,000.00Y production. of the ,five contracts exceeds Conyumnr $dvlCft Corrections -0'r Rehabillturion CulnnalAffaira 13y accepting this Offer tho contractor -agrees to work ill an expeditious manner until ,iewl EmerECnlyc:ampl0t 0:ft ,of'the-contract witho-at any additional c ?ensatian Other than the one M�nascman( � 1 :tB.tC� ,�I'rrill, Arnployea RclatlUrla y Empowarmc v Tnni fnvirommoerhalRMourrrncblknagemnnt 13sthze Calas, P.E. Fair Emplbymerd practice:' ' k'ublic Works Director ptnyrlca Elm Rescue CCnnrat SWltes Adrniaiatratlrm HiPloric Fkaeryr�Gbn r Y� Florncla^.t Trm ugcri. H.ernstad HoutingAp CICI Diree Harr_InRriimcceAu( rlty Human S r,&n IndCpeadent rutvit* Grid Iffld-11oealTmdeConwrclum 7yt �+ juvortile Scrriccy ice' L7la - I2, Ph.b,, P.B. Medkcd Examiner A.Asist C - ty manager MMa mfhmi Anion plan AM'trnpatlCSn Planning OrRan1ratian rick and Retreatlon Planking anfl Zarting PrOCG(CiPtlreonpSeMrtyPnnapgpMpraonilnyicnaetl �Pii dZQ7'mand e 'eeP Jcounty Manager .a�+g. er %bllc t lbrary Sygern %ti!44C t!a+efe Safe Nel hlxarhnodParka Seaport Solld Wank Ma Sj mom StrMesie Floineaa h'ta:lSgnmetft Team McUD Tearuit Teak Fo(;e on Urlaph konnntic Reullh1i:.4ipn Vitoya Mvsv: And C.Qtm Water ei `ll (yC it DaW 6_� Date 4atC City of 9Viami Gardens 1515-200 NW 167", Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: July 12, 2006 Re: Proposed Resolution authorizing the City Manager to execute a master escrow agreement The City Council approved the purchase of city wide software from Tyler Technologies, Eden Division on December 14, 2005. The City purchased the licenses to operate the software system, the actual system is proprietary. In order to protect the City's investment and avoid disclosure of Eden's proprietary technology, an escrow account must be established to provide retention, administration and controlled access of the proprietary technology materials. Iron Mountain Intellectual Property Management, Inc. located in Dallas, Texas is the depository. The cost is $500.00 start up and $650.00 maintenance per year. Annual renewals may be increased no more than 5% per year Recommendation: That the City Council approve the attached resolution authorizing the City Manager to execute an agreement with Iron Mountain Intellectual Property management, Inc. J-5) CONSENT AGENDA RESOLUTION MASTER ESCROW AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN MASTER ESCROW AGREEMENT WITH IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC., AND TYLER TECHNOLOGIES, EDEN DIVISION, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council approved the purchase of city-wide software from Tyler Technologies, Eden Division on December 14, 2005, and WHEREAS, although the City purchased the license to operate the software system, the actual system is proprietary in nature, and WHEREAS, in order to avoid the disclosure of Eden's proprietary technology, Eden is requiring that an escrow account be established to provide retention, administration and controlled access of the proprietary technology materials, and WHEREAS, Iron Mountain Intellectual Property Management, Inc., will be the depository, and WHEREAS, the City is required to pay an initial start-up cost of $500.00, plus a $650.00 maintenance fee per year. Annual renewals may be increased no more than 5% per year, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 1 Resolution No. 2006- 1 Section 2. AUTHORIZATION: The City Manager for the City of Miami 2 Gardens is hereby authorized to execute that certain Master Escrow Agreement with Iron 3 Mountain Intellectual Property Management, Inc., a copy of which is attached hereto as 4 Exhibit "A." 5 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 6 authorized to obtain four (4) fully executed copies of the subject Agreement, with one to be 7 maintained by the City; with one to be delivered to Iron Mountain Intellectual Property 8 Management, Inc., with one to be delivered to Tyler Technologies, Eden Division, and with 9 one to be directed to the Office of City Attorney. 10 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 11 upon its final passage. 12 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 13 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. 14 15 16 17 18 ATTEST: 19 20 21 22 23 RONETT SHIRLEY GIBSON, MAYOR h I/':I LV R, VIVID, VI I i ULEMM 24 25 26 Prepared by SONJA KNIGHTON DICKENS, ESQ. 27 City Attorney 28 29 SPONSORED BY: DANNY O. CREW, CITY MANAGER 30 31 MOVED BY: 32 Paqe 2 2 4 6 8 10 ll Resolution No. 2006- VOTE: Mayor Shirley Gibson _(Yes) (No) Vice Mayor Oscar Braynon, II _(Yes) Councilman Melvin L. Bratton _(Yes) _(No) _(No) Councilman Aaron Campbell _(Yes) _(No) Councilman Ulysses Harvard _(Yes) _(No) Councilwoman Sharon Pritchett _(Yes) (No) Councilwoman Barbara Watson _(Yes) _(No) SKD/bfc 109550_5.DOC Paqe 3 1515-200 NW 1671' Street Miami Gardens, Florida 33169 City of �44iami Gardens Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Audrey King Councilwoman Sharon Pritchett Councilwoman Barbara Watson MEMORANDUM To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Date: July 5 2006 Re: Interlocal Agreement with Miami -Dade County for Building Better Communities Bond Program -Rolling Oaks Park Background: On November 2, 2004, Miami Dade County residents approved the Building Better Communities General Obligation Bond (GOB) Program. As a result, the City of Miami Gardens will receive approximately $9.83M, over the next five years, which covers the design and construction of the seventeen (17) park projects. The Administrative Rules for the Building Better Communities Program have been established and approved by the Board of County Commissioners. As a condition of the bond program, the City must enter into an Interlocal agreement with Miami Dade County which sets for the responsibilities and duties regarding the administration of the approved project and approved funding Allocation. The agreement specifies the projects' timeframes, payment terms, budget changes, etc. The attached resolution requests the City Council authorize the City Manager to enter into an Interlocal agreement for the construction portion of the Rolling Oaks Park project which entitles the City to receive $495,000 from the Series A Bonds. RECOMMENDATION: It is recommended that the City Council approve the proposed resolution and Interlocal agreement between the City of Miami Gardens and Miami - J -6) CONSENT AGENDA i RESOLUTION ROLLING OATS PARKS RENOVATION & IMPROVEMENTS BOND Dade County for the project titled "Rolling Oaks Park" in relation to the Building Better Communities General Obligation Bond. DC:AP I RESOLUTION No. 2006- 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY 5 CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN 6 INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING 7 FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION 8 BOND, FOR ROLLING OAKS PARK RENOVATION AND 9 IMPROVEMENTS, A COPY OF WHICH IS ATTACHED HERETO AS 10 EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on November 2, 2004, Miami Dade County residents approved the 15 Building Better Communities General Obligation Bond (GOB) Program, and 16 WHEREAS, as a result, the City of Miami Gardens will receive approximately 17 $9.83M which covers the design and construction of the seventeen (17) park projects, 18 and 19 WHEREAS, Miami Dade County has agreed to provide funding for improvements 20 and renovations to Rolling Oaks Park in the amount of $495,000, and 21 WHEREAS, in order to receive the funds, the City must enter into an 22 Interlocal Agreement with Miami Dade County which sets for the responsibilities 23 and duties regarding the administration of the approved project and approved 24 funding allocation, 25 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 26 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 27 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. Paqe 1 Resolution No. 2006- 1 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby 2 authorized to execute and attest that certain Interlocal Agreement with Miami Dade County 3 for funding from the Building Better Communities General Obligation Bond, for Rolling 4 Oaks Park renovation and improvements, a copy of which is attached hereto as Exhibit 5 "A." 6 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 7 authorized to obtain four (5) fully executed copies of the subject Agreement, with one to be 8 maintained by the City; with two to be delivered to Miami Dade County, and with one to be 9 directed to the Office of City Attorney. 10 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 11 upon its final passage. 12 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 13 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. 14 15 16 17 18 ATTEST: 19 20 21 22 SHIRLEY GIBSON, MAYOR 23 RONEIM I M T LVR, I,IVII,, l,1 I T ULr_Mr\ 24 25 26 Prepared by SONJA KNIGHTON DICKENS, ESQ. 27 City Attorney 28 29 SPONSORED BY: DANNY O. CREW, CITY MANAGER 30 Paqe 2 Resolution No. 2006 1 MOVED BY - 2 3 VOTE: 4 6 7 10 11 12 13 Mayor Shirley Gibson _(Yes) (No) Vice Mayor Oscar Braynon, II _(Yes) Councilman Melvin L. Bratton _(Yes) _(No) Councilman Aaron Campbell _(Yes) _(No) Councilman Ulysses Harvard _(Yes) _(No) (No) Councilwoman Sharon Pritchett _(Yes) (No) Councilwoman Barbara Watson _(Yes) (No) SKD/bfc 109550 3.DOC Paqe 3 AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS, FLORIDA AND MIAMI-DADE COUNTY GOB Project Number 54-70551/Park Renovations and Improvements Rolling Oaks Park THIS AGREEMENT (the "Agreement") by and between Miami -Dade County, a political subdivision of the State of Florida (the "County"), through its governing body, the Board of County Commissioners of Miami -Dade County, Florida (the "Board") and the City of Miami Gardens, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami Gardens, Florida (the "Municipality") is entered into this day of , 2006. WITNESSETH WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913- 04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the issuance of $2.926 billion in general obligation bonds for capital projects and on November 2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program"); and WHEREAS, the aforementioned Resolutions include specific countywide projects, neighborhood projects for the Unincorporated Municipal Service Area and municipalities and associated allocations for activities such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property; and WHEREAS, GOB Project Number 54/Park Renovations and Improvements, (the "Project") is eligible for funding from the BBC GOB Program in a total amount not to exceed $9,831,000 (the "Funding Allocation"); and WHEREAS, the Municipality is undertaking completion of park improvements to all 16 parks in the City of Miami Gardens to include; Rolling Oaks Park (the "Project 54- 70551 "), Vista Verde Park (the "Project 54-71052"), Andover Park (the "Project 54-71053"), Brentwood Park (the "Project 54-71054"), Brentwood Pool (the "Project 54-71055"), Buccaneer Park (the "Project 54-71056"), Bunche Park (the "Project 54-71057"), Bunche Pool (the "Project 54-71058"), Carol City Community Center (the "Project 54-71059"), Carol City Park (the "Project 54-71060"), Coral Park (the "Project 54-71061"), Cloverleaf Park (the "Project 54-71062"), Lake Lucerene Park (the "Project 54-71063"), Myrtle Grove Park (the "Project 54-71064"), Myrtle Grove Pool (the "Project 54-71065"), Optimist Park (the "Project 54-71066"), Norwood Pool and Park (the "Project 54-71063"), Scott Park (the Building Better Communities Municipal Agreement 1 of 10 "Project 54-71063"), and the Parks and Recreation Master Plan (the "Project 54-71063''), which were specifically approved as part of the BBC GOB Program or are eligible for funding from one of the programs to be funded under the BBC GOB Program, each as part of the Project; and WHEREAS, the Project as a whole is estimated to cost $34,585,000 (the "Total Project Cost"). Project 54-70551 is estimated to cost $6,796,000 and will be funded from the sources listed in Exhibit 1; and WHEREAS, pursuant to the terms of this Agreement the County has agreed to allocate $495,000 from the Series A 2005 Bonds for Project 54-70551 (the "Funding Cycle Allocation"); and WHEREAS, the Commissioners of both the County and the Municipality have authorized, by resolution, their respective managers to enter into this Agreement for each Funding Cycle Allocation describing their respective roles in the funding for the Project costs with respect to such Funding Cycle Allocation, NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically authorizes the County Manager to execute such agreements, sub -agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and obligations regarding the funding being provided with respect to Project 54- 70551. Section 2. Funding Responsibilities: a. Project Funding Plan: A Project 54-70551 funding plan identifying the Funding Allocation to be funded by the County solely from BBC GOB Program proceeds and the costs to be funded by the Municipality through a local funding plan or written project funding commitments from third parties is attached as Exhibit 1. Included shall be a projected timetable for each Funding Cycle Allocation and the amount funded to date, if any. b. Representations of the Municipality: The Municipality covenants and warrants that it has, in combination with the Funding Allocation, the amount of funding necessary for the completion of Project 54- 70551. The additional sources of funding are listed in Exhibit 1. C. Responsibilities of the County: The County agrees to provide solely from BBC GOB Program proceeds for the Funding Cycle Allocation in an amount equal to $495,000. This amount represents a portion of the amount necessary to complete the Project. This sum shall be provided in accordance with the reimbursement procedures contained in the County's GOB Administrative Rules attached as Attachment 1. In the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the dollars to be Building Better Communities Municipal Agreement 2 of 10 M M AN funded for subsequent Milestones may be delayed for one calendar year in accordance with the Administrative Rules, see Section 18 of this Agreement. Section 3. Effective Date and Term: This Agreement shall take effect upon execution and shall terminate upon the completion of Project 54-70551, including the completion of all final closeout documentation. Section 4. Compliance with Codes and Laws: Each party agrees to abide by all Applicable Laws necessary for the development and completion of the Project. "Applicable Law" means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline,- judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and "Applicable Laws" shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other applicable requirements contained in this Agreement and Attachment 1, which exhibit is hereby incorporated in this Agreement by this reference. Section 5. Contractual obligation to comply with certain County requirements: All records of the Municipality and its contractors pertaining to Project 54-70551 shall be maintained in Miami -Dade County and, upon reasonable notice shall be made available to representatives of the County. In addition, the Office of Inspector General of Miami -Dade County shall have access thereto for any of the purposes provided in Sec. 2-1076 of the Code of Miami -Dade County. The Municipality shall cause each contract to include a provision that contractor shall comply with all requirements of Section 2-1076, and that contractor will maintain all files, records, accounts of expenditures for contractor's portion of the Work and that such records shall maintained within Miami -Dade County and County shall have access thereto as provided in this Agreement. The Municipality shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this agreement are posted on the County's website: "miamidade.gov". Building Better Communities Municipal Agreement 3 of 10 f= t Section 6. Access and Audits: The Municipality shall maintain adequate records to justify all charges, expenses, and costs incurred which represent the funded portion of Project 54-70551 for at least three (3) years after completion of the Project. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or auditing during normal business hours. Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall have the right to engage the services of an independent private -sector inspector general ("IPSIG") to monitor and investigate compliance with the terms of this Agreement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions, and contracts such as this Agreement for improvements some cost of which is funded with County funds. As such, the IG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County. The IG shall have the power to retain and coordinate the services of an Independent Private Sector Inspector General (IPSIG) who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the Municipality and contractor and their respective officers, agents and employees, lobbyists, subcontractors, materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Municipality (and any affected contractor and materialman) from IG, the Municipality (and any affected contractor and materialman) shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to report and/or recommend to the Board whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant Miami -Dade County Code Section 2-8.1. The provisions in this section shall apply to the Municipality, its contractors and their respective officers, agents and employees. The Municipality shall incorporate the provisions in this section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Municipality, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation Building Better Communities Municipal Agreement 4 of 10 and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. Section 7. Relationship of the Parties: The parties agree that the Municipality is an independent entity responsible solely for Project 54-70551 and not an agent or servant of the County. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 8. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in section 768.28 of the Florida Statutes. The Municipality acknowledges that the County, its employees, commissioners and agents are solely providing funding assistance for Project 54-70551 and are not involved in the design, construction, operation or maintenance of Project 54-70551. Section 9. Breach, Opportunity to Cure and Termination: (a) Each of the following shall constitute a default by the Municipality: (1) If the Municipality uses the Funding Cycle Allocation for costs not associated with Project 54-70551 (i.e. ineligible costs), and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure. (2) If the Municipality shall breach any of the other covenants or provisions in this Agreement other than as referred to in Section 9(a)(1) and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure. (b) Each of the following shall constitute a default by the County: (1) If the County shall breach any of the covenants or provisions in this Agreement and the County fails to cure its default within thirty (30) days after written notice of the default is given to the County by the Building Better Communities Municipal Agreement 5 of 10 Municipality; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the County commences diligently and thereafter continues to cure. (c) Remedies: (1) Upon the occurrence of a default as provided in Section 9(a)(1) and such default is not cured within the applicable grace period, the County, in addition to all other remedies conferred by this Agreement, the Municipality shall reimburse the County, in whole or in part as the County shall determine, all funds provided by the County hereunder. (2.) Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other Lind of equitable remedy). (3) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. (4) Any failure of a party to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by that party of any claim for damages it may have by reason of the default. (d) Termination: (1) Notwithstanding anything herein to the contrary, either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement. (2) Termination of this Agreement by any Party is not effective until five (5) business days following receipt of the written notice of termination. (3) Upon termination of this Agreement pursuant to Section 9(d)(1) above, no party shall have any further liability or obligation to the other party except as expressly set forth in this Agreement; provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination. Section 10. Litigation Costs[Venue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post -judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. Building Better Communities Municipal Agreement 6 of 10 Section 11. Naming Rights and Advertisements: In the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami -Dade County's name, logo, and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Lettering used for Miami -Dade County will be no less than 75% of the size of the largest lettering used for any sponsor or advertiser unless waived by the Board. The Municipality must include the following credit line in all promotional marketing materials related to this funding including web sites, news and press releases, public service announcements, broadcast media, programs, and publications: "THIS PROJECT IS SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY." Section 12. Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one business day after being sent by reputable overnight carrier or 3 business day after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): The County: The Municipality: George M. Burgess, County Manager Danny O. Crew, City Manager Miami -Dade County, Stephen P. Clark Center City of Miami Gardens 111 NW 1 Street, Suite 2910 1515 NW 167 Street, Suite 200 Miami, Florida 33128 Miami Gardens, Florida 33169 Section 13. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Section 14. 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. Section 15. Headings: Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section 16. Waiver: There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. Waiver by any party of any breach of any provision of this Building Better Communities Municipal Agreement 7 of 10 Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Section 17. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Commissioners, as the governing body of the City of Miami Gardens, Florida and it has granted the City Manager, or his designee, the required power and authority to execute this Agreement. The Municipality agrees to a) maintain Project 54-70551 for a minimum of 25 years, b) agrees to govern itself, in regards to the subject Project, in accordance with Article 6 of the County Charter, c) keep Project 54-70551 open safely and properly maintained for all Miami -Dade County residents, and d) allow all Miami -Dade County residents equal access and use of Project 54-70551 and not discriminate when charging facility admission fees based on where a resident resides in the County. The Municipality also agrees to accept and comply with the Administrative Rules as stated in Attachment 1 and as may hereafter be amended. Section 18. Representation of the County: The County represents that this Agreement has been duly approved, executed and delivered by the Board, as the governing body of the County, and it has granted the Miami -Dade County Manager the required power and authority to execute this Agreement. The County agrees to provide the Funding Cycle Allocation to the Municipality for the purpose of developing and improving Project 54-70551 In accordance with each of the attached Exhibit Forms, incorporated herein as Exhibits A -J of Attachment 1 (Administrative Rules). Miami -Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this agreement and the Municipality has demonstrated that it has adequate funds to complete Project 54-70551. The County shall administer, in accordance with the appropriate regulations, the funds available from the BBC GOB Program as authorized by Board Resolutions. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding from the County for the specific purpose contained herein. The Municipality shall be solely responsible for submitting all documentation, as required by the specific Administrative Rules incorporated herein as Attachment 1, to the County Manager or his designee for this purpose. Section 19. Invalidity of Provisions, Severability: Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold harmless the County to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute, whereby the Municipality 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 $100,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the Building Better Communities Municipal Agreement 8 Of 10 negligence of the Municipality. However, nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County or any unrelated third party. The County does hereby agree to indemnify and hold harmless the Municipality to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute, whereby the County 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 $100,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the Municipality from any liability or claim arising out of the negligent performance or failure of performance of the Municipality or any unrelated third party. Section 21. Assignment: The Municipality may not assign all or any portion of this Agreement without the prior written consent of the County. Section 22. Entirety of Agreement: This Agreement, and the attachments thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. Building Better Communities Municipal Agreement 9 of 10 IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 2006. City of Miami Gardens, Florida City Manager Date For the Board of Commissioners, City of Miami Gardens, Florida CLERK Attest: By: Clerk Date MIAMI-DADE COUNTY, FLORIDA County Manager MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: Deputy Clerk Date Approved by County Attorney as to form and legal sufficiency. Building Better Communities Municipal Agreement 10 of 10 �7 d 4� o U C m U 73 L c 1MM •� W c C M. d f4 0 E y O U) N O W ao X w O !II V1 0 7 tll w C LU > o, 0 O R � 0 y C c O N w0 O U O LL O Q z LU w my O c O o y CD 0 3 U O LL Q Fco) o U O o Q CD w M U ^V! W O '^ J Q m O O � rL f � o U z N 9 (D Q7 y O N Q Q 0 0 OCID > O O fD !II V1 0 7 tll w C LU > o, 0 O R � 0 y C c O N w0 O U O LL O Q z LU w my O c O o y CD 0 3 U O LL Q Fco) o U O o Q CD w M U O O m rL � U N 9 (D 0 O N Q Q OCID > d C, cuw L L y° m z z FO- .o i c y c O O cu (1)V V L- m _O L- .� O o M Y za Q O Q> n O C in C) V _ (C o co _C w a Y EDL O _3 c 0 � Li to a) — O O co O U cv o E m� m� R U w LN ''pnn V //O^^ V ON c JE O w U O 0 a C O EJ01 �' _0 a U W D C a 2 y ate.. cu C U Zf C � O U y y c0> V Oy y a cu cCL O Co OO N C O. d 0 c0 N B •p E C _O C U a O c 0 7 0 Q o E 3 � LL p d > 0 CL 0 c O Q) c > o = c O U o 0 1515-200 NW 167th Street N iami Gardens, Florida 33169 City of �44iami Gardens Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Audrey King Councilwoman Sharon Pritchett Councilwoman Barbara Watson MEMORANDUM To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Date: July 5, 2006 Re: Interlocal Agreement with Miami -Dade County for Building Better Communities Bond Program -Park and Recreation Master Plan Background: On November 2, 2004, Miami Dade County residents approved the Building Better Communities General Obligation Bond (GOB) Program. As a result, the City of Miami Gardens will receive approximately $9.83M over the next five years, which covers the design and construction for seventeen (17) park projects. The Administrative Rules for the Building Better Communities Program have been established and approved by the Board of County Commissioners. As a condition of the bond program, the City must enter into an Interlocal agreement with Miami Dade County which sets forth the responsibilities and duties regarding the administration of the approved project and approved funding Allocation. The agreement specifies the projects' timeframes, payment terms, budget changes, etc. The attached resolution requests the City Council to authorize the City Manager to enter into an Interlocal agreement for the Parks and Recreation Master Plan which entitles the City to receive $1,671,000 from the Series A Bonds. Current Status: At its March 23, 2005 meeting, the City Council awarded non-exclusive contracts for professional architectural, engineering and planning services to three separate firms for 1 J-7) CONSENT AGENDA RESOLUTION PARKS & RECREATION MASTER PLAN the design planning of the city's park system. With the approval of the attached agreement, staff can begin the working with all three firms to start phase one of the project. (Phase one of the project is the planning phase which includes community input, conducting surveys and environmental reports (if applicable). RECOMMENDATION: It is recommended that the City Council approve the proposed resolution and Interlocal agreement between the City of Miami Gardens and Miami - Dade County for the project titled "Parks and Recreation Master Plan" in relation to the Building Better Communities General Obligation Bond. DC: AP 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND, FOR THE PARKS AND RECREATION MASTER PLAN, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 2, 2004, Miami Dade County residents approved the Building Better Communities General Obligation Bond (GOB) Program, and WHEREAS, as a result, the City of Miami Gardens will receive approximately $9.83M which covers the design and construction of the seventeen (17) park projects, and funding for the Parks and Recreation Master Plan and WHEREAS, Miami Dade County has agreed to provide funding for the Parks and Recreation Master Plan in the amount of $1,671,000, and WHEREAS, in order to receive the funds, the City must enter into an Interlocal Agreement with Miami Dade County which sets for the responsibilities and duties regarding the administration of the approved project and approved funding allocation, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Paqe 1 Resolution No. 2006- 1 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby 2 authorized to execute and attest that certain Interlocal Agreement with Miami Dade County 3 for funding from the Building Better Communities General Obligation Bond, for the Parks 4 and Recreation Master Plan, a copy of which is attached hereto as Exhibit "A." 5 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 6 authorized to obtain four (5) fully executed copies of the subject Agreement, with one to be 7 maintained by the City; with two to be delivered to Miami Dade County, and with one to be 8 directed to the Office of City Attorney. 9 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 10 upon its final passage. 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 12 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY O. CREW CITY MANAGER MOVED BY: VOTE: Paqe 2 3 4 6 9 10 11 12 Resolution No. 2006- Mayor Shirley Gibson _(Yes) _(No) Vice Mayor Oscar Braynon, II _(Yes) _(No) Councilman Melvin L. Bratton _(Yes) Councilman Aaron Campbell _(Yes) _(No) (No) Councilman Ulysses Harvard _(Yes) Councilwoman Sharon Pritchett _(Yes) _(No) _(No) Councilwoman Barbara Watson _(Yes) _(No) SKD/bfc 109550_4.DOC Page 3 AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS, FLORIDA AND MIAMI-DADE COUNTY GOB Project Number 54-72073/Park Renovations and Improvements Park and Recreation Master Plan THIS AGREEMENT (the "Agreement") by and between Miami -Dade County, a political subdivision of the State of Florida (the "County"), through its governing body, the Board of County Commissioners of Miami -Dade County, Florida (the "Board") and the City of Miami Gardens, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami Gardens, Florida (the "Municipality") is entered into this day of 12006. WITNESSETH WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913- 04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the issuance of $2.926 billion in general obligation bonds for capital projects and on November 2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program"); and WHEREAS, the aforementioned Resolutions include specific countywide projects, neighborhood projects for the Unincorporated Municipal Service Area and municipalities and associated allocations for activities such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property; and WHEREAS, GOB Project Number 54/Park Renovations and Improvements, (the "Project") is eligible for funding from the BBC GOB Program in a total amount not to exceed $9,831,000 (the "Funding Allocation"); and WHEREAS, the Municipality is undertaking completion of park improvements to all 16 parks in the City of Miami Gardens to include; Rolling Oaks Park (the "Project 54- 70551 "), Vista Verde Park (the "Project 54-71052"), Andover Park (the "Project 54-71053"), Brentwood Park (the "Project 54-71054"), Brentwood Pool (the "Project 54-71055"), Buccaneer Park (the "Project 54-71056"), Bunche Park (the "Project 54-71057"), Bunche Pool (the "Project 54-71058"), Carol City Community Center (the "Project 54-71059"), Carol City Park (the "Project 54-71060"), Coral Park (the "Project 54-71061 "), Cloverleaf Park (the "Project 54-71062"), Lake Lucerene Park (the "Project 54-71063"), Myrtle Grove Park (the "Project 54-71064"), Myrtle Grove Pool (the "Project 54-71065"), Optimist Park (the "Project 54-71066"), Norwood Pool and Park (the "Project 54-71063"), Scott Park (the Building Better Communities Municipal Agreement 1 of 10 "Project 54-71063"), and the Parks and Recreation Master Plan (the "Project 54-71063"), which were specifically approved as part of the BBC GOB Program or are eligible for funding from one of the programs to be funded under the BBC GOB Program, each as part of the Project; and WHEREAS, the Project as a whole is estimated to cost $34,585,000 (the "Total Project Cost"). Project 54-72073 is estimated to cost $2,273,000 and will be funded from the sources listed in Exhibit 1; and WHEREAS, pursuant to the terms of this Agreement the County has agreed to allocate $1,671,000 from the Series A 2005 Bonds for Project 54-72073 (the "Funding Cycle Allocation"); and WHEREAS, the Commissioners of both the County and the Municipality have authorized, by resolution, their respective managers to enter into this Agreement for each Funding Cycle Allocation describing their respective roles in the funding for the Project costs with respect to such Funding Cycle Allocation, NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically authorizes the County Manager to execute such agreements, sub -agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows.- Section ollows: Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and obligations regarding the funding being provided with respect to Project 54- 72073. Section 2. Funding Responsibilities: a. Project Funding Plan: A Project 54-72073 funding plan identifying the Funding Allocation to be funded by the County solely from BBC GOB Program proceeds and the costs to be funded by the Municipality through a local funding plan or written project funding commitments from third parties is attached as Exhibit 1. Included shall be a projected timetable for each Funding Cycle Allocation and the amount funded to date, if any. b. Representations of the Municipality: The Municipality covenants and warrants that it has, in combination with the Funding Allocation, the amount of funding necessary for the completion of Project 54- 72073. The additional sources of funding are listed in Exhibit 1. C. Responsibilities of the County: The County agrees to provide solely from BBC GOB Program proceeds for the Funding Cycle Allocation in an amount equal to $1,671,000. This amount represents a portion of the amount necessary to complete the Project. This sum shall be provided in accordance with the reimbursement procedures contained in the County's GOB Administrative Rules attached as Attachment 1. In the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the Building Better Communities Municipal Agreement 2 of 10 dollars to be funded for subsequent Milestones may be delayed for one calendar year in accordance with the Administrative Rules, see Section 18 of this Agreement. Section 3. Effective Date and Term: This Agreement shall take effect upon execution and shall terminate upon the completion of Project 54-72073, including the completion of all final closeout documentation. Section 4. Compliance with Codes and Laws: Each party agrees to abide by all Applicable Laws necessary for the development and completion of the Project. "Applicable Law" means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and "Applicable Laws" shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other applicable requirements contained in this Agreement and Attachment 1, which exhibit is hereby incorporated in this Agreement by this reference. Section 5. Contractual obligation to comply with certain County requirements: All records of the Municipality and its contractors pertaining to the Project shall be maintained in Miami -Dade County and, upon reasonable notice shall be made available to representatives of the County. In addition, the Office of Inspector General of Miami -Dade County shall have access thereto for any of the purposes provided in Sec. 2-1076 of the Code of Miami -Dade County. The Municipality shall cause each contract to include a provision that contractor shall comply with all requirements of Section 2-1076, and that contractor will maintain all files, records, accounts of expenditures for contractor's portion of the Work and that such records shall maintained within Miami -Dade County and County shall have access thereto as provided in this Agreement. The Municipality shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this agreement are posted on the County's website: "miamidade.gov". Building Better Communities Municipal Agreement 3 of 10 Section 6. Access and Audits: The Municipality shall maintain adequate records to justify all charges, expenses, and costs incurred which represent the funded portion of Project 54-72073 for at least three (3) years after completion of the Project. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or auditing during normal business hours. Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall have the right to engage the services of an independent private -sector inspector general (")PSIG") to monitor and investigate compliance with the terms of this Agrcement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions, and contracts such as this Agreement for improvements some cost of which is funded with County funds. As such, the IG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County. The IG shall have the power to retain and coordinate the services of an Independent Private Sector Inspector General (IPSIG) who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the Municipality and contractor and their respective officers, agents and employees, lobbyists, subcontractors, materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Municipality (and any affected contractor and materialmen) from IG, the Municipality (and any affected contractor and materialman) shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to report and/or recommend to the Board whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant Miami -Dade County Code Section 2-8.1. The provisions in this section shall apply to the Municipality, its contractors and their respective officers, agents and employees. The Municipality shall incorporate the provisions in this section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Municipality, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation Building Better Communities Municipal Agreement 4 of 10 and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. Section 7. Relationship of the Parties: The parties agree that the Municipality is an independent entity responsible solely for Project 54-72073 and not an agent or servant of the County. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 8. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the oth er party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in section 768.28 of the Florida Statutes. The Municipality acknowledges that the County, its employees, commissioners and agents are solely providing funding assistance for Project 54-72073 and are not involved in the design, construction, operation or maintenance of Project 54-72073. Section 9. Breach, Opportunity to Cure and T ermination: (a) Each of the following shall constitute a default by the Municipality: (1) If the Municipality uses the Funding Cycle Allocation for costs not associated with Project 54-72073 (i.e. ineligible costs), and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure. (2) If the Municipality shall breach any of the other covenants or provisions in this Agreement other than as referred to in Section 9(a)(1) and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure. (b) Each of the following shall constitute a default by the County: (1) If the County shall breach any of the covenants or provisions in this Agreement and the County fails to cure its default within thirty (30) days after written notice of the default is given to the County by the Building Better Communities Municipal Agreement S of 10 3 Municipality; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the County commences diligently and thereafter continues to cure. (c) Remedies: (1) Upon the occurrence of a default as provided in Section 9(a)(1) and such default is not cured within the applicable grace period, the County, in addition to all other remedies conferred by this Agreement, the Municipality shall reimburse the County, in whole or in part as the County shall determine, all funds provided by the County hereunder. (2.) Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable remedy). (3) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. (4) Any failure of a party to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by that party of any claim for damages it may have by reason of the default. (d) Termination: (1) Notwithstanding anything herein to the contrary, either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement. (2) Termination of this Agreement by any Party is not effective until five (5) business days following receipt of the written notice of termination. (3) Upon termination of this Agreement pursuant to Section 9(d)(1) above, no party shall have any further liability or obligation to the other party except as expressly set forth in this Agreement; provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination. Section 10. Litigation Costs[Venue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post -judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. Building Better Communities Municipal Agreement 6 of 10 Section 11. Naming Rights and Advertisements: In the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami -Dade County's name, logo, and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Lettering used for Miami -Dade County will be no less than 75% of the size of the largest lettering used for any sponsor or advertiser unless waived by the Board. The Municipality must include the following credit line in all promotional marketing materials related to this funding including web sites, news and press releases, public service announcements, broadcast media, programs, and publications: "THIS PROJECT IS SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY." Section 12. Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one business day after being sent by reputable overnight carrier or 3 business day after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): The County: The Municipality: George M. Burgess, County Manager Danny O. Crew, City Manager Miami -Dade County, Stephen P. Clark Center City of Miami Gardens 111 NW 1 Street, Suite 2910 1515 NW 167 Street, Suite 200 Miami, Florida 33128 Miami Gardens, Florida 33169 Section 13. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Section 14. 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. Section 15. Headings: Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section 16. Waiver: There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. Waiver by any party of any breach of any provision of this Building Better Communities Municipal Agreement 7 of 10 Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Section 17. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Commissioners, as the governing body of the City of Miami Gardens, Florida and it has granted the City Manager, or his designee, the required power and authority to execute this Agreement. The Municipality agrees to a) maintain Project 54-72073 for a minimum of 25 years, b) agrees to govern itself, in regards to the subject Project, in accordance with Article 6 of the County Charter, c) keep Project 54-72073 open safely and properly maintained for all Miami -Dade County residents, and d) allow all Miami -Dade County residents equal access and use of Project 54-72073 and not discriminate when charging facility admission fees based on where a resident resides in the County. The Municipality also agrees to accept and comply with the Administrative Rules as stated in Attachment 1 and as may hereafter be amended. Section 18. Representation of the County: The County represents that this Agreement has been duly approved, executed and delivered by the Board, as the governing body of the County, and it has granted the Miami -Dade County Manager the required power and authority to execute this Agreement. The County agrees to provide the Funding Cycle Allocation to the Municipality for the purpose of developing and improving Project 54-72073 in accordance with each of the attached Exhibit Forms, incorporated herein as Exhibits A -J of Attachment 1 (Administrative Rules). Miami -Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this agreement and the Municipality has demonstrated that it has adequate funds to complete Project 54-72073. The County shall administer, in accordance with the appropriate regulations, the funds available from the BBC GOB Program as authorized by Board Resolutions. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding from the County for the specific purpose contained herein. The Municipality shall be solely responsible for submitting all documentation, as required by the specific Administrative Rules incorporated herein as Attachment 1, to the County Manager or his designee for this purpose. Section 19. Invalidity of Provisions, Severability: Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold harmless the County to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute, whereby the Municipality 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 $100,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the Building Better Communities Municipal Agreement 8 of 10 negligence of the Municipality. However, nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County or any unrelated third party. The County does hereby agree to indemnify and hold harmless the Municipality to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute, whereby the County 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 $100,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the Municipality from any liability or claim arising out of the negligent performance or failure of performance of the Municipality or any unrelated third party. Section 21. Assignment: The Municipality may not assign all or any portion of this Agreement without the prior written consent of the County. Section 22. Entirety of Agreement: This Agreement, and the attachments thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. Building Better Communities Municipal Agreement 9 of 10 IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 2006. City of Miami Gardens, Florida City Manager Date For the Board of Commissioners, City of Miami Gardens, Florida CLERK Attest: By: Clerk MIAMI-DADE COUNTY, FLORIDA County Manager MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Building Better Communities Municipal Agreement 10 of 10 3 Date Date G d w E E C U L a) m C m _Q) �c E E 0 U m m c 21 ED p O O M +O+ N m y N N tp N G O W O. 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Crew, City Manager Date: July 12, 2006 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson Re: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND C.S.A. SOUTHEAST, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. As you are aware after many years of stagnant development the City is and has been experiencing a development boom. There are 37 development projects currently in the planning, permitting and construction stages. These projects include: • Over 2,500 housing units including over 600 single family homes and 1800 town homes and condo's • Over three quarters of a million square feet of commercial development including two Super Wal -Marts. That reality, coupled with the existing damage caused during last hurricane season has severely taxed the City's resources particularly in the City Building Department. As directed by the City Council we have moved forward with providing all services necessary to keep up with the demand. This focus on customer service also resulted in the expansion of the building departments work space, including additional lobby and reception areas, as well as much needed file storage space. J-8) CONSENT AGENDA RESOLUTION CSA SOUTHEAST, INC. AGREEMENT We have also added additional staff whenever possible increasing staffing levels by about 50%. Even with all this progress, we have been forced to rely heavily on the professional service agreement (attached) in order for us to manage the massive volume of permit processing and resulting inspection work load. Last fiscal year alone we processed and issued about 8,000 permits, conducted over 9,000 plan reviews, and conducted over 21,000 inspections. In order to maintain and improve on our level of service (particularly since we will far exceed last years stats this fiscal year) and because we may exceed the current fee limit it is recommended that the not -to -exceed clause in the existing agreement be removed thereby removing the $300.000.00 fee limit and that the agreement be renewed for an additional two years. However, the annual Contract amount shall not exceed the annual budgeted amount. RECOMMENDATION It is recommended that the City Council adopt this Resolution authorizing the City Manager to execute that certain First Addendum to the Professional Services Agreement between the City of Miami Gardens and C.S.A. Southeast, Inc to delete the not -to -exceed amount and to extend the Contract for an additional two (2) year term. Attachment. RESOLUTION No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND CSA SOUTHEAST, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City previously entered into an Agreement with CSA Southeast, 2 Inc. ("CSA") whereby CSA was to provide inspection services for plumbing, electrical, 3 mechanical and building plans, processing and inspection -related services, and 4 WHEREAS, the City's Agreement with CSA was based upon an Agreement 5 between CSA and the City of Coral Gables, and 6 WHEREAS, the Agreement between the City and CSA had a not -to -exceed 7 amount of Three Hundred Thousand ($300,000.00) Dollars and contained an option to 8 renew, and 9 WHEREAS, the City may exceed the expenditure of Three Hundred Thousand 10 ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of 11 development that has taken place in the City, and 12 WHEREAS, the City would like to continue utilizing the services of CSA for an 13 additional two-year term to assist with the backlog of inspections that are required to keep 14 pace with the development in the City, 15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Paqe 1 Resolution No. 2006- 17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 19 made a specific part of this Resolution. 20 Section 2. AUTHORIZATION: The City Council for the City of Miami 21 Gardens hereby authorizes the City Manager to execute that certain First Addendum to 22 the Professional Services Agreement between the City of Miami Gardens and CSA to 23 delete the not -to -exceed amount and to extend the Contract for an additional two (2) year 24 term in accordance with Exhibit "A" attached hereto. 25 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 26 authorized to obtain four (4) fully executed copies of the subject First Addendum to the 27 Professional Services Agreement between the City of Miami Gardens and CSA Southeast, 28 Inc., with one to be maintained by the City; with one to be delivered to CSA Southeast, Inc. 29 and with one to be directed to the Office of City Attorney. 30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 31 32 33 34 35 36 37 38 39 upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. ATTEST: Paqe 2 SHIRLEY GIBSON, MAYOR Resolution No. 2006- 40 41 RONETTA TAYLOR, CMC, CITY CLERK 42 43 Prepared by SONJA K. DICKENS, ESQ. 44 City Attorney 45 46 SPONSORED BY: DANNY O. CREW, CITY MANAGER 47 48 MOVED BY: 49 50 VOTE: 51 52 Mayor Shirley Gibson _(Yes) (No) 53 Vice Mayor Oscar Braynon, II _(Yes) (No) 54 Councilman Melvin L. Bratton _(Yes) (No) 55 Councilman Aaron Campbell (Yes) (No) 56 Councilman Ulysses Harvard _(Yes) (No) 57 Councilwoman Sharon Pritchett !(Yes) (No) 58 Councilwoman Barbara Watson (Yes) (No) 59 60 SKD/bfc 109967_ I . DOC 61 Paqe 3 ADDENDUM TO AGREEMENT WITH CSA SOUTHEAST, INC. This ADDENDUM is made to that certain Contract by and between THE CITY OF MIAMI GARDENS (`CITY") and CSA SOUTHEAST, INC. ("Contractor") executed on August 25, 2004 (`Contract"). WITNESSETH WHEREAS, the City entered into an Agreement with CSA Southeast, Inc. ("CSA") on August 25, 2004 whereby CSA was to provide inspection services for plumbing, electrical, mechanical and building plans, processing and inspection - related services, and WHEREAS, the City's Agreement with CSA was based upon an agreement between CSA and the City of Coral Gables, and WHEREAS, the Agreement between the City and GSA had a not -to -exceed amount of Three Hundred Thousand ($300,000.00) Dollars, and had the option of being renewed by the City for additional two-year terms, and WHEREAS, the City may exceed the expenditure of Three Hundred Thousand ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of development that has taken place in the City, and WHEREAS, the City would like to continue utilizing the services of CSA for an additional two-year term to assist with the backlog of inspections that are required to keep pace with the development in the City, NOW, THEREFORE, in consideration of the monies herein described and for other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM: The term of the Contract is hereby extended for an additional two- year term from August 25, 2006 through August 25, 2008. 2. NOT TO EXCEED: The Not To Exceed limitation of the Contract is deleted. However, the annual Contract amount shall not exceed the annual budgeted amount. 3. INCONSISTENCY: In the event of an inconsistency or contradiction between the terms hereof and the terms of the Contract, to which this Addendum is attached, the terms hereof shall control. 4. EFFECT OF ORIGINAL CONTRACT: All terms of the Contract not affected by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS Shirley Gibson, Mayor Date ATTEST: City Clerk Ronetta Taylor, CMC Approved as to form and legal Sufficiency: Sonja K. Dickens, City Attorney 11 CSA SOUTHEAST, INC. Signature Date Print name 77623 2.DOC . , .'14 0 City of .Miami Gardens 1515-200 NW 167 Street Mayor Shirley Gibson Miami Gardens, Florida 33169 Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson NffAf RAND M i' To: City Councilem 'ers t. From: Danny O. Cre City Manager Date: July 12, 2006 Re: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND M.T. CAUSLEY, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. As you are aware after many years of stagnant development the City is and has been experiencing a development boom. There are 37 development projects currently in the planning, permitting and construction stages. These projects include: • Over 2,500 housing units including over 600 single family homes and 1800 town homes and condo's • Over three quarters of a million square feet of commercial development including two Super Wal -Marts. That reality, coupled with the existing damage caused during last hurricane season has severely taxed the City's resources particularly in the City Building Department. As directed by the City Council we have moved forward with providing all services necessary to keep up with the demand. This focus on customer service also resulted in the expansion of the building departments work space, including additional lobby and reception areas, as well as much needed file storage space. J-9) CONSENT AGENDA RESOLUTION M.T. CLAUSLEY, INC. AGREEMENT We have also added additional staff whenever possible increasing staffing levels by about 50%. Even with all this progress, we have been forced to rely heavily on the professional service agreement (attached) in order for us to manage the massive volume of permit processing and resulting inspection work load. Last fiscal year alone we processed and issued about 8,000 permits, conducted over 9,000 plan reviews, and conducted over 21,000 inspections. Because we have exceeded the limits of the existing agreement, and in order to maintain and improve on our level of service (particularly since we will far exceed last years stats this fiscal year) it is recormnended that the not -to -exceed clause in the existing agreement be removed thereby removing the $300.000.00 fee limit and that the agreement be renewed for an additional two years. However, the annual Contract amount shall not exceed the annual budgeted amount. RECOMMENDATION It is recommended that the City Council adopt this Resolution authorizing the City Manager to execute that certain First Addendum to the Professional Services Agreement between the City of Miami Gardens and M.T.Causley, Inc to delete the not -to -exceed amount and to extend the Contract for an additional two (2) year term. Attachment. RESOLUTION No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND M.T CAUSLEY, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. l WHEREAS, the City previously entered into an Agreement with M.T. Causley, Inc., 2 whereby M.T. Causley, Inc. was to provide inspection services for plumbing, electrical, 3 mechanical and building plans, processing and inspection -related services, and 4 WHEREAS, the City's Agreement with M.T. Causley, Inc. was based upon an 5 Agreement between M.T. Causley, Inc. and the City of Coral Gables, and 6 WHEREAS, the Agreement between the City and M.T. Causley, Inc., had a not -to - 7 exceed amount of Three Hundred Thousand ($300,000.00) Dollars and contained an 8 option to renew, and 9 WHEREAS, the City has exceeded the expenditure of Three Hundred Thousand 10 ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of 11 development that has taken place in the City, and 12 WHEREAS, the City would like to continue utilizing the services of M.T. Causley, 13 Inc., for an additional two-year term to assist with the backlog of inspections that are 14 required to keep pace with the development in the City, 15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Paqe 1 Resolution No. 2006- 17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 19 made a specific part of this Resolution. 20 Section 2. AUTHORIZATION: The City Council for the City of Miami 21 Gardens hereby authorizes the City Manager to execute that certain First Addendum to 22 the Professional Services Agreement between the City of Miami Gardens and M.T. 23 Causley, Inc., to delete the not -to -exceed amount and to extend the Contract for an 24 additional two (2) year term in accordance with Exhibit "A" attached hereto. 25 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 26 authorized to obtain four (4) fully executed copies of the subject First Addendum to the 27 Professional Services Agreement between the City of Miami Gardens and M.T. Causley, 28 Inc., with one to be maintained by the City; with one to be delivered to M.T. Causley, Inc., 29 and with one to be directed to the Office of City Attorney. 30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 31 32 33 34 35 36 37 38 39 upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006. ATTEST: Paqe 2 SHIRLEY GIBSON, MAYOR 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Mf Resolution No. 2006- RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY VOTE: Mayor Shirley Gibson _(Yes) (No) Vice Mayor Oscar Braynon, II _(Yes) _(No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell _(Yes) _(No) Councilman Ulysses Harvard (Yes) (No) Councilwoman Sharon Pritchett (Yes) _(No) Councilwoman Barbara Watson (Yes) (No) SKD/bfc 109967_ 1. DOC Paqe 3 ADDENDUM TO AGREEMENT WITH M.T. CAUSLEY, INC. This ADDENDUM is made to that certain Contract by and between THE CITY OF MIAMI GARDENS ("CITY") and M.T. CAUSLEY, INC. ("Contractor") executed on August 25, 2004 ("Contract"). WITNESSETH WHEREAS, the City entered into an Agreement with M.T. Causley, Inc. on August 25, 2004 whereby M.T. Causley, Inc., was to provide inspection services for plumbing, electrical, mechanical and building plans, processing and inspection - related services, and WHEREAS, the City's Agreement with M.T. Causley, Inc. was based upon an agreement between M.T. Causley, Inc. and the City of Coral Gables, and WHEREAS, the Agreement between the City and M.T. Causley, Inc. had a 0 not -to -exceed amount of Three Hundred Thousand ($300,000.00) Dollars, and had the option of being renewed by the City for additional two-year terms, and WHEREAS, the City has exceeded the expenditure of Three Hundred Thousand ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of development that has taken place in the City, and WHEREAS, the City would like to continue utilizing the services of M.T. Causley, Inc. for an additional two-year term to assist with the backlog of inspections that are required to keep pace with the development in the City, NOW, THEREFORE, in consideration of the monies herein described and for other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM: The term of the Contract is hereby extended for an additional two- year term from August 25, 2006 through August 25, 2008. 2. NOT TO EXCEED: The Not To Exceed limitation of the Contract is deleted. However, the annual Contract amount shall not exceed the annual budgeted amount. 3. INCONSISTENCY: In the event of an inconsistency or contradiction between the terms hereof and the terms of the Contract, to which this Addendum is attached, the terms hereof shall control. 4. EFFECT OF ORIGINAL CONTRACT: All terms of the Contract not affected by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS Shirley Gibson, Mayor Date ATTEST: City Clerk Ronetta Taylor, CMC Approved as to form and legal Sufficiency: Sonja K. Dickens, City Attorney 2 CSA SOUTHEAST, INC. Signature Print name 77623_2.DOC Date FROM .5K TRADING CORP ram 40�,-�.k '7// z/() E FAX NO. :3052347361 Jul. 12 2006 04:04PM P1 12�1 2-006 13rtynon yDUrN G�U & P ai-ld ��vice fir pa -&e e. 4d b aco mus Ae L'a'x . -., r 'FROM :SK TRADING CORP FAX NO. :3052347361 Jul. 12 2006 04:05PM P2 Youth .empowering Action Here! Since the formation of our youth organization on June 6, we have been meeting once a week with core students who make up the organization's leadership. Meeting Minutes for Lely 11, 2006: • It was a consensus decision amo.na our erouu to chanee out name to- VRAWI An acronym for Youth Empowering Action Here! We felt our new name would be more unique, while emphasizing our active role in the community. City tour of Miami Gardens • Will be scheduled for Saturday, July 15, 2007 at approximately I Iam. ♦ Group leaders have made a 2 -question survey for the residents of Miami Gardens to help us understand what they feel is necessary for change: - What is the best or most positive thing about the City of Miami Gardens? - What change or types of activities do you think are necessary to reduce the violence in your community? • We will bring disposable cameras and other materials to help tis capture the city as well as understand its need to be more peaceful. i We offer an open invitation to the Miami Gardens City- Council to join us on the tour, if your schedule permits. Youth Service Amcrica- Youth Venture Action Plan • What it is: a resource to help plan and launch successful youth -created and youth - led programs through their "Action Plan" and giving up to $1,000.00 as start up funds to youth groups they kel are of merit and credibility. (Please see attached) ♦ YEAR's Action Plan • Our organization feels we are perfect for this resource because we are for the youth and made by the youth. We will emphasize in the Action Plan, our goal: to reduce violence in the city of Miami Gardcns through meaningful community service that will bring together at -risk youth with positive young leaders to form constructive friendships. We will emphasize a vision of a more peaceful community through the "positive" peer pressure YEAH! will bring to Miami Gardens. Service for Peace • We work in conjunction with Service For Peace through participation its their monthly community service activities. Thank you for your time and all of your support to our group. Sincerely, YEAH! Members Ebony Gray Stephanie Lafrance Lat'Neisha Ponders Aylin Ruiz Luis Reyes Miguel Arroyo Aemi Thorne Jade Thorne "FROM :'SK TRADING CORP FAX NO. :3052347361 Jul. 12 2006 04:05PM P3 Youth Venture Dream I Do M Youth. Service America - YouthVenture Partnership Program .ACTION PLAN A resource to pian and launch a successful Venture and the gateway to become a part of the global network of young people creating and leading positive social change. 0 YSA Youth Venture, 2006_ A!! rights reserved. "Youth Advisory Council" ()LAC) meeting minutes June 27, 2006 Miami Dade College north campus In attendance: Ebony Gray — Miami Carol City High Stephanie Lafrance — Miami Carol City High Aylin Ruiz — Florida International University Lar'Nesheia Ponders — Miami Carol City High Jessica Hope — Miami Carol City High Edward Ponders - DASH Aemi Thorne — Miami Dade College Larnecia Ponders — Norland Middle Jade Thorne — SUNY Purchase (State University of New York) Cierra Johnson — Norland Senior High Cassandra Murphy — Miami Dade Police Academy Lili Kato - SFP Aylin — Brief introduction to Service For Peace, goals and objectives - Brief outline of what "Youth Advisory Council" (YAC) is and what it stands for Cierra- Norland's student population is not interested in education - students are more involved with negative activities - there is a gang problem at our school Larnecia — we need more security guards at our school to make it feel more safe -the guards that are already there do not help with the situation Aylin — perhaps students express violence at school and in the neighborhood because they experience it at home - violence is a way for some students to express their feelings Jessica — student violence happens because of a lack of home training - no discipline at home — chaotic home life — too much teen pregnancy Jade — need to develop community as a family, an extended family - give the youth some sense of guidance especially if they do not receive it at home Aylin — the youth need a voice - our planned tour of the city of Miami Gardens will help us get to know the city better Jessica — what exactly is YAC and how will it help? Edward — how is this group/program different? Aylin — this is a youth group started by youth with the goal of creating a peaceful environment in our communities - the focus is on peace making and peace building - there are other programs in school like DARE & DFYIT that address drugs, but we will address violence and its root causes, finding/creating solutions Aemi - there can be different levels of membership and involvement but - the core members of the group must have the passion and ownership Keep the city council aware of what we do - compile our meeting's minutes to be emailed out to all YAC members and to the city council members Lar'Nesheia — can these YAC meetings be considered as community service? - the YAC needs to develop better relating methods to the youth while addressing the different issues that concern them - keep the relationship as peer -advising -peer These YAC meetings do meet the criteria for community service hours. Ebony — we should plan for fun activities in the neighborhoods (sports, sport competitions, etc.) - youth have too much time on their hands and nothing to do and that's when they get into trouble - design fun activities that have some kind of educational/community service component to it so that the youth can get community service hours for participating Jade — after the tour of the city of Miami Gardens we should compile a list of activities, etc. based on what the residents say they need in their communities First YAC activity — Tour of City of Miami Gardens on Saturday, July 15, 2006 Meeting place — Miami Dade County Regional Library in Miami Gardens at 11:00 AM Prepared — Two questions to ask residents while on tour: 1) What is the best or most positive thing about the City of Miami Gardens? 2) If you could change anything about the city of Miami Gardens what would it be? Based on these 2 questions we can engage the residents in a constructive and positive conversation which will help us in developing our group, program and activities. Cassandra — combine YAC and Service For Peace with the Police Academy to create and participate in community service projects Next meeting is Tuesday, July 4 at the Regional library in Miami Gardens at 7:00 PM Answer the 7 questions that Ebony brought tonight and bring to next meeting. Minutes by Stephanie Lafrance