HomeMy WebLinkAboutJanuary 28, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: January 28, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: February
11, 2009 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Aaron Campbell Jr. Councilman
André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk
Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual
fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly
described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations,
local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B)
INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – January 14, 2009 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this
time) (F) SPECIAL PRESENTATIONS (5 minutes each) Regular City Council Agenda F-1) Quarterly Report – Commission For Women January 28, 2009 Page 1
Regular City Council Agenda January 28, 2009 Page 2 F-2) Per Scholas – Nadine M. Dairymple, Director of Operations and David Williams Jr., Community Activist F-3) City’s Comprehensive
Annual Financial Report Year ending September 30, 2008 by External Auditor F-4) December 2008 Budget Status Report (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING None (I) ORDINANCE(S)
FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF RE-OCCUPANCY”; PROVIDING
FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; 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 COUNCILMAN ANDRÉ WILLIAMS) (1st Reading – January 14, 2009) I-2)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS,
FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – January
14, 2009) I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING
THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO Page 1 of 486
Regular City Council Agenda January 28, 2009 Page 3 EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS
OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(1st Reading – January 14, 2009) I-4) AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED
TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S):
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) (1st Reading – January 14, 2009) (J) CONSENT AGENDA J-1) A RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL
YEAR 2007/2008 ANNUAL AUDIT REPORT PREPARED BY THE CITY’S AUDITORS, HARVEY, COVINGTON AND THOMAS LLC; 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 NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT
WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH SPILLIS Page 2 of 486
Regular City Council Agenda January 28, 2009 Page 4 CANDELA DMJM, FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT
WITH URS CORPORATION SOUTHERN FOR ARCHITECTURAL SERVICES; 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 NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH CORZO CASTELLA CARBALLO THOMPSON
SALMAN, PA (C3TS), FOR ARCHITECTURAL SERVICES; 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 TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, TO AIR B SCHOOL BUS TRANSPORTATION, INC., FOR THE PROVISION
OF TRANSPORTATION SERVICES RELATING TO THE CITY’S PARKS AND RECREATION DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF $140,000.00; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT NO. 826-594 BETWEEN THE CHILDREN’S TRUST AND THE CITY OF MIAMI GARDENS RELATING TO A GRANT IN THE AMOUNT OF SEVENTY-FIVE
THOUSAND DOLLARS ($75,000.00), 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) Page 3 of 486
Regular City Council Agenda January 28, 2009 Page 5 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND A PRIOR AGREEMENT
WITH FLORIDA POWER & LIGHT FOR THE INSTALLATION OF UNDERGROUND FACILITIES AT THE MIAMI GARDENS COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THE NEW AGREEMENT WITH FLORIDA POWER & LIGHT FOR THIS PURPOSE, 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, CONFIRMING
VICE MAYOR BARBARA WATSON’S APPOINTMENT OF ALVIN I. SMITH TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A ONE-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR BARBARA WATSON) J-10) A RESOLUTION OF THE CITY COUNCIL OF OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S ANNUAL ACTION PLAN FOR
PROGRAM YEAR 2 TO DESIGNATE THE BUNCHE PARK AREA AS A NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) AND TO REALLOCATE $107,641.09 IN RECAPTURED FUNDS FROM PUBLIC SERVICES PROGRAMS
TO THE BUNCHE PARK NRSA HOUSING REHABILITATION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-11) A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING THE MIAMI GARDENS “GET FIT” INITIATIVE FOR CITY RESIDENTS AND STAFF; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Page 4 of 486
Regular City Council Agenda January 28, 2009 Page 6 (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT
ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES,
EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR
SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING SEVEN MILLION THREE HUNDRED THOUSAND
DOLLARS ($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY DESCRIBED ON EXHIBIT “C” ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING
THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR A WAIVER OF THE COMPETITIVE REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING FOR SECURITY FOR THE
BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN
AGREEMENT OF SALE AND PURCHASE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) Page 5 of 486
Regular City Council Agenda January 28, 2009 Page 7 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION TO PURCHASE THAT CERTAIN REAL PROPERTY
DESCRIBED IN THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT “A” IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED THOUSAND DOLLARS ($3,800,000.00); AUTHORIZING THE USE OF PROCEEDS FROM
THE CAPITAL PROJECTS FUND FOR THE PURCHASE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THE PURCHASE OF THE PROPERTY; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING SECTION 2.1
OF THE CITY’S CHARTER PROHIBITING ANY COUNCIL MEMBER, OTHER THAN THE MAYOR OR THE VICE MAYOR IN THE MAYOR’S ABSENCE, FROM ATTEMPTING TO REPRESENT THE CITY IN ANY DEALINGS OTHER GOVERNMENTAL
ENTITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR WATSON) (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City
Manager’s Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN (O) COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT IN ACCORDANCE WITH
THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT
RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM
MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL
ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 486
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X x Public Hearing: Yes No Yes No X Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman Andre’ Williams Department: Planning and Zoning Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING
AN ORDINANCE ENTITLED “CERTIFICATE OF RE‐OCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background
As previously noted, due to the City’s aging housing stock, many property owners have over time, modified their structure. In several instances, these modifications were done without
appropriate permits and resulted in the housing unit being out of compliance with current zoning and building requirements. Over time as these units were sold, the new owners inherited
conditions for which they were not responsible or aware. The purpose of this ordinance is to ensure that housing units are primarily in compliance with current zoning requirements, specifically
as it pertains to use. The intent of this legislation is to insure that new homeowners in Miami Gardens will know that they are purchasing a home free from any major zoning violations,
which ultimately would become that property owner’s responsibility to correct. The proposed legislation would also provide an avenue for the City to uncover and ITEM I-1) ORDINANCE SECOND
READING/PUBLIC HEARING Certificate of Re-Occupancy Page 48 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 correct unlawful violations of the zoning code, which often involves illegal dwelling units that can become a nuisance
to the surrounding community. The proposed effective date of this Ordinance is October 1, 2009. By establishing this delayed effective date, the City will have an opportunity to prepare
property owners for its implementation. Preparations will include: 1. Publicity and Community Outreach Campaign • Brochure Handout/Mailer similar to Sign Code Brochure. Estimate 4‐5,000
copies. • Contact with Realtors, Title Companies, Lawyers, Banks, and related businesses, Miami Gardens and surrounding area • Advertisements in Herald • Public Meetings 2. Establishment
of Administrative Procedures The re‐occupancy process involves the creation of a new permit type in the Eden permitting system and the creation of policies and procedures for the inspection
and administration of the program. Current Situation The attached ordinance was approved on 1st reading at the January 14, 2009 meeting of the City Council. Regarding fiscal impact of
this program, a revised analysis/comparison chart of other municipalities is provided below. An estimate for the City of Miami Gardens is included in the chart. This estimate is based
on established programs in the cities of North Miami and Hialeah, as they are the most comparable in terms of total number of housing units. The estimated fee for this program is $115.00
for the initial re‐occupancy certification application. As it relates to the expected cost of the program, Staff provides two long term options: Option # 1 (High) • Salaries‐$129,870
(includes fringes) o 1 Building Inspector @$73,000 o 1 administrative clerk @$26,900 • Operating expenses‐$30,000 o 1 vehicle (inclusive of maintenance & fuel) o Office space/equipment
Total for Option # 1: $159,870 Option # 2 (Low) • Salaries‐$89,570 (includes fringes) o 1 Code officer @$42,000 o 1 administrative clerk @$26,900 Page 49 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Operating expenses‐$30,000 o 1 vehicle (inclusive of maintenance & fuel) o Office space/equipment Total for Option
# 2: $119,570 While the above mentioned options consider the long term operating costs of this program, it is possible to entertain a limited staffing level during program start‐up.
Given today’s changing real estate environment, it is difficult to estimate the volume of home sales which would result in re‐occupancy applications/inspections. Additionally, due to
budget constraints within the Development Services Fund, concern was raised regarding incurring administrative costs for a program that may not be self‐supporting. Therefore, it is proposed
that the City utilize existing staff for program start‐up and then determine if there is a need for additional staff based on volume. Staff would need to monitor sales volume to insure
that sufficient resources are available to meet program demand. The attached ordinance requests requests Council approval on 2nd t reading, to implement the re‐occupancy certificate
program. If adopted, a fee resolution will be drafted for Council’s consideration prior to implementing this program. Page 50 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Comparison Table ‐January 2008 Jurisdiction Fee Schedule Process Time (Days) Number of Staff Positions/Salary Total
Housing Units: Per 2000 Census Annual Applications History 2008 App's Estimated Annual Revenue (2008 X min. fee) Miami Gardens $115.00 -2 Code officer/$42,000 Clerk/$26,900 30,988 -765**
$ 87,975.00 North Miami SF $75.00/$300.00; Apt (4 units) $150.00/$600.00; Each Addn'l -$7.50/$20.00 10/2 expedited 2 Inspector/$52,000 Clerk/$22,500 22,281 2004-2005: 2100 932 $ 69,900.00
Hialeah $50.00/$100.00 30/10 expedited 2 Inspector/$55,000 Building Code Clerk/$25,500 72,142 2005: 1352 2006:1386 2007: 446 545 $ 27,250.00 Biscayne Park $75.00/$100.00 30 /1-2 expedited
2 Code Inspector/$19/hr Clerk/$28,000 1,341 2005-2006: 2000 35 $ 2,625.00 El Portal $70.60 2-3 1 Building Inspector/$50,700 878 2006-2007: 52 38 $ 2,682.80 Miami Shores $60.60 7 2 Inspector/$56,500-$
62,000 3,836 2005-2006: 34 42 $ 2,545.20 ** Estimate based on North Miami & Hialeah’s 2008 applications: an average of total applications divided by total housing units X total number
of housing units in Miami Gardens. Page 51 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Andre Williams recommends approval of the Re‐Occupancy Ordinance that creates a program
requiring the issuance of a Certificate of Re‐Occupancy in the City of Miami Gardens. Attachment: None Page 52 of 486
ORDINANCE No. 2008-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF REOCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS;
PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is incumbent upon the City to ensure that properties are constructed in accordance with the City’s Zoning
regulations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, it has been brought to the City’s attention that, on several occasions, properties that are not in compliance with the City’s
Zoning regulations have been transferred to new owners without their knowledge, and WHEREAS, the City of Miami Gardens, along with other cities across the Nation, is experiencing a high
foreclosure rate and at some point these homes will be transferred to new owners, and WHEREAS, the purpose of this Ordinance is to ensure that prior to residential properties being transferred,
the City is able to confirm that the properties meet the current City zoning requirements, and WHEREAS, the stated purpose and intent of this Ordinance is compliance with Zoning regulations,
provided however, the City recognizes that compliance with such Zoning regulations may also cause the need to comply with other City Codes, including but not limited to Building Code
and life safety requirements, and Page 53 of 486
WHEREAS, staff intends to undertake an educational component prior to enforcing this Ordinance, to make the public aware of the existence of the Ordinance and its requirements, 16 17
18 19 20 21 22 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: There is hereby created in
the City of Miami Gardens an Ordinance entitled "Certificate of Re-Occupancy" as follows: 26 Section 1. Purpose 27 28 29 30 31 32 33 34 The Purpose of this Ordinance is to ensure that
prior to a residential property being conveyed to a new ownership, that the City is able to confirm that the property meets the current City zoning requirements; that the premises are
being used solely for residential purposes; and that the premises have not been unlawfully altered, in violation of the City’s Zoning Codes. 35 Section 2. Certificate of Re-Occupancy
Required 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Prior to the purchase, sale, conveyance and transfer of title to any single-family, condominium, duplex, triplex townhouse dwelling
unit, or apartment complex consisting of four (4) or more units, a certificate of reoccupancy must be obtained. This section shall not apply in instances where property has been transferred
by virtue of a certificate of title issued after a foreclosure sale. However, prior to any reoccupancy of such foreclosed property, a certificate of reoccupancy shall be obtained. The
certificate of re-occupancy, if issued, shall state that the city has inspected the dwelling and determined that the dwelling complies with the residential occupancy regulations of the
zoning district in which the property wherein the dwelling unit is located and does not contain any uncorrected building violations. Page 54 of 486
52 Section 3. Application 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 1. It shall be unlawful for
any person, firm or corporation to, sell convey, or transfer any single-family, condominium, duplex, triplex or townhouse dwelling unit, or apartment complex consisting of four (4) or
more units owned by such person, firm or corporation, which property has been sold, transferred or conveyed to such person, firm or corporation after the effective date of this ordinance
unless a certificate of re-occupancy has been issued by the director of the Development Services Department or his/her designee. The certificate of re-occupancy, if issued, shall state
that a city inspector has inspected the dwelling and has determined that the dwelling meets the residential occupancy regulations of the zoning district in which the dwelling unit is
located. 2. It shall be unlawful for any person, firm or corporation to transfer or convey a single family, condominium, duplex, triplex, or townhouse dwelling unit, or apartment complex
consisting of four (4) or more units owned by such person, firm or corporation, without first disclosing by written notice to the buyer, grantee or transferee the fact that a certificate
of re-occupancy is required in accordance with this Ordinance. Such notice shall be issued on a form to be provided by the City. 3. Application for a certificate of re-occupancy shall
be made by the seller or owner or the designated agent, upon a form provided by the city and the payment of an inspection fee to be determined by a separate resolution of the City Council.
Said fees shall be paid by the applicant. If dwelling must be inspected within fifteen (15) business days of receipt of the application, an expedited inspection may be requested. There
shall also be a fee for expedited inspections, which shall be established by a separate resolution of the City Council. 4. Upon receipt of the application and fee, a city inspector shall
inspect the dwelling within thirty (30) days and, if such dwelling is found to be in conformance with the provisions of paragraph 1(a) above, a certificate of re-occupancy shall be issued.
If the dwelling is not in conformance with such provisions, the director or the director's designee shall indicate by itemized list corrective action and the certificate of re-occupancy
shall be withheld unless and until such provisions are complied with, to the reasonable satisfaction of the director or the director's designee. Page 55 of 486
5. In the event of acts of God, terrorism or other force majeure acts, the dates outlined herein shall be extended and the City shall be relieved of any responsibility as a result thereof.
96 97 98 99 100 Section 4. Restriction on inspection 101 102 103 104 105 106 107 108 109 110 111 112 Information gained or conditions observed in the course of any inspection conducted
pursuant to the authority of this ordinance shall not be utilized by the code enforcement officers of the city as the basis for bringing code enforcement violation proceedings other
than as to the residential occupancy regulations of the zoning district in which the dwelling unit is located, and the safety violations directly addressed by the inspection made under
this ordinance, as applicable. This shall not preclude other enforcement actions brought upon the basis of information gained or violations observed by other lawful means. 113 Section
5. Exemption 114 115 116 117 118 119 120 121 A certificate of re-occupancy shall not be required for the original transfer or conveyance of a newly constructed single family, duplex,
triplex dwelling unit, or apartment complex to any firm, corporation, or individual, or to any transfer that represents the first transaction since the issuance of the original certificate
of occupancy. 122 Section 6. Limitation of Liability 123 124 125 126 127 128 129 130 131 132 The issuance of a certificate of re-occupancy does not constitute any representation or warranty
as to the condition of the dwelling or other structures on said premises described herein (or any aspect of such condition), and interested persons are advised and encouraged to make
their own inspection of the premises in order to determine the condition thereof. The issuance of a certificate of re-occupancy does not prevent the City from making future findings
that violations exist that were not found in the any previous inspection(s). 133 Section 7. Payment of Outstanding Lien Amounts 134 135 136 137 138 139 No re-occupancy certificate shall
be issued for any property unless the property is in compliance with any outstanding warning notices or notices of violation issued by the City and until the owner of the property has
satisfied
any and all City of Miami Gardens liens against the property. 140 Section 8. City Manager Authority 141 Page 56 of 486
In the event of a pending real estate transaction, the City Manager shall enter into stipulated settlement agreements for the issuance of conditional certificates of re-occupancy. Such
conditional certificates shall provide for a reasonable time for compliance with any outstanding zoning or building code issues and for a fine in the event of noncompliance. Conditional
certificates of re-occupancy shall not be issued where lifesafety violations exist on the property. The fee for a conditional certificate of re-occupancy shall be established by separate
resolution. The property owner to whom the property is transferred must agree to be bound by the terms of this ordinance and in the event the requisite remedial action does not occur
within the timeframe stipulated in the conditional certificate, agrees to be subject to the penalties outlined in Paragraph 10 below. 142 143 144 145 146 147 148 149 150 151 152 153
154 155 Section 9. Warning Notices 156 157 158 159 160 161 162 Prior to the imposition of any lien or penalty for the failure to obtain a reoccupancy certificate, a warning notice shall
be issued to the violator(s) requiring compliance within a reasonable period of time. In the event, the requisite inspection does not occur within the time set by the City, a notice
of violation shall be issued. 163 Section 10. Penalties 164 165 166 167 168 169 170 171 172 Any person convicted of a violation of this section shall be punished by a fine not to exceed
Five Hundred Dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the County Court. In addition, any property for which an application for
reoccupancy inspection and certificate is not filed prior to the sale of said property shall be subject to a fine equivalent to the expedited application fee, payable at the time the
late application is filed. 173 Section 11. Amnesty Period 174 175 176 177 178 179 180 181 182 183 The provisions of this Ordinance take effect until October 1, 2009. Prior to that date,
City staff will undertake steps to educate City residents about the Ordinance and its implementation. Commencing October 1, 2009, all affected persons or entities must comply with its
provisions. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by Page 57 of 486
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. 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 SECTION 5. INCLUSION IN CODE: It is the intention of
the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the
sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use
of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION 6. EFFECTIVE
DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14TH DAY OF JANUARY, 2009. PASSED ON SECOND READING ON THE ______ DAY OF
______________, 2008. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 2008. ___________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ Page 58 of 486
212 RONETTA TAYLOR, CMC, CITY CLERK 213 214 215 216 217 218 219 220 221 222 223 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED
BY:_____________________ VOTE: _____ 224 Mayor Shirley Gibson (Yes) ___(No) 225 Vice Mayor Barbara Watson (Yes) ___(No) 226 Councilman Melvin L. Bratton (Yes) ___(No) 227 Councilman
Aaron Campbell (Yes) ___(No) 228 Councilman Oliver Gilbert, III (Yes) ___(No) 229 Councilwoman Sharon Pritchett (Yes) ___(No) 230 Councilman André Williams (Yes) ___(No) 231 232 233
SKD/teh 8268921_1.DOC Page 59 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: (Enter Date ) Jan. 28, 2009 Item Type: (Enter X in
box) Resolution Ordinance Other Yes Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes
No x Funding Source: User funds (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid
#: x n/a Sponsor Name Danny Crew Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION
DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL
RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE. Staff Summary: As part of the FY‐09 budget, it was indicated that the City would be buying certain major capital equipment for various City Departments including Stormwater, Police,
Public Works and Parks. This bond issue will provide the necessary funding. It is a five‐year issue. Funds to repay are included in the operating budget of each department that will
get new vehicles. Recommendation: RECOMMENDATION: That City Council adopt the 2009 Equipment Bond Ordinance on second reading. Attachment: No attachments ITEM I-2) ORDINANCE SECOND READING/PUBLIC
HEARING $2 Million Equipment Acquisition Bond Page 60 of 486
1 ORDINANCE NO. 2009-___ 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING
THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000);
PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to authorize the borrowing of Two Million Dollars ($2,000,000), and to authorize the issuance of bonds not exceeding Two
Million Dollars ($2,000,000) for the purpose of financing or reimbursing a portion of the costs of purchasing vehicles, equipment and machinery for various City departments, and paying
costs of issuance of the bonds, and WHEREAS, pursuant to Section 4.3 of the City’s Charter, an ordinance must be adopted in order to authorize the borrowing of money, and WHEREAS, the
Council desires that the bonds be secured by the communication services tax and the local government half-cent sales tax, as further specified by subsequent resolution of the Council,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. 33 34 35 36 SECTION 2. AUTHORIZATION: In accordance with the provisions of the Charter
of the City of Miami Gardens, Florida and Chapter 166, Florida Statutes, the City Council of the City of Miami Gardens hereby authorizes the borrowing of Two Million Dollars ($2,000,000).
The City Council further authorizes Equipment Acquisition Revenue Bonds (the “Bonds”) of the City, to be issued in an aggregate principal amount not to exceed Two Million Dollars ($2,000,000),
in one or more series, for the purpose of financing or reimbursing a portion of the costs of purchasing vehicles, equipment and machinery for various City departments, and paying costs
of issuance of the Bonds. The Bonds shall be designated “City of Miami Gardens, Florida Equipment Acquisition Revenue Bonds, Series 2009” or such other designation as may be approved
by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than six (6) years from their date of
issuance, shall bear interest from their 37 38 39 40 41 42 43 44 45 46 47 {M1771518_1} Page 61 of 486
{M1771518_1} 2 1 2 3 4 5 6 7 8 9 10 11 dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption
at the option of the City at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution.. The Bonds shall
be secured by a pledge of and lien on the communication services tax and the local government half-cent sales tax, on a parity with the City’s outstanding $4,700,000 Equipment Acquisition
Revenue Bonds, Series 2008, $14,400,000 Land Acquisition and Improvement Revenue Bonds, Series 2007, $2,500,000 Capital Improvement Revenue Bonds, Series 2005, and $7,500,000 Land Acquisition
Revenue Bonds, Series 2005, as further specified by supplemental resolution of the Council. The supplemental resolution may be adopted, and the Bonds may be issued, at any time after
the effective date of this Ordinance. SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to negotiate with banks and other financial
institutions for the purchase of the Bonds and with respect to the terms of the Bonds. The City Attorney and Bond Counsel to the City are hereby authorized to draft documents and to
do all other things necessary to accomplish the issuance and sale of the Bonds. 12 13 14 15 16 17 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby
repealed. 18 19 20 SECTION 5. 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. 21 22 23 24 25 SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage. 26 27 28 29 30 31 32 33 34 35 36 PASSED ON FIRST
READING THE 14th DAY OF January, 2009. PASSED ON SECOND READING THE _____ DAY OF __________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON THE _____ DAY OF _______, 2009. 37 38 39 40 41 42 SHIRLEY GIBSON, MAYOR ATTEST: 43 44 45 46 47 RONETTA TAYLOR, MMC, CITY CLERK Page 62 of 486
{M1771518_1} 3 1 2 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4 5 6 7 8 9 CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 10 SPONSORED BY: DANNY O. CREW, CITY MANAGER 11
12 13 14 15 16 MOVED BY: SECONDED BY: VOTE: 17 Mayor Shirley Gibson (Yes) (No) 18 Vice Mayor Barbara Watson (Yes) (No) 19 Councilman Melvin L. Bratton (Yes) (No) 20 Councilman Aaron
Campbell, Jr. (Yes) (No) 21 Councilman Oliver Gilbert III (Yes) (No) 22 Councilwoman Sharon Pritchett (Yes) (No) 23 Councilman Andre L. Williams (Yes) (No) 24 25 Page 63 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: Jan. 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other Yes Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
User funds eral Fund on artmental Gen ep ‐N D Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n/a Sponsor Name Danny
Crew, City Manager Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED
THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS
($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City has a broad responsibility under the law to provide for a viable local economy through adoption of relevant
policies, regulations, and economic development activities and recognizes the economic and social value of businesses based in Miami Gardens in playing a significant role in the health
and welfare of the residents of the City through employment, tax payments and community involvement. Warren Henry Acquisitions LLC (the “Company”) has been a business leader in the Miami
Gardens area for 40 years and is one of the largest City‐based employers and recently purchased a vacant, 15 acre site near the Golden Glades Interchange within the enterprise zone in
the City and announced a major relocation and expansion of their dealerships to this site. As a result of the national economic and banking crises, the Company were been notified by
the lender for the project that financing was being withdrawn and that the Company needed to secure alternative financing for the property or face the loss of its equity in the property.
ITEM I-3) ORDINANCE SECOND READING/PUBLIC HEARING $7.3 Million Land Acquisition Bond Page 64 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 As part of its economic development activities and in order to foster economic growth in the enterprise zone, staff
has proposed a plan to purchase said property from the Company and lease the property back to the Company for a two year period with the option to purchase it back from the City within
that period in order to provide the Company with sufficient time to acquire alternative financing and complete the project. Warren Henry has agreed to pay all costs associated with the
borrowing. If for some reason, Warren Henry cannot secure permanent financing, after two years, the City would own the property. The City would be buying the property for approximately
$7.2 million. Current appraised value is $10.8 million. Recommendation: RECOMMENDATION: That City Council adopt the 2009 Land Acquisition Bond Ordinance on second reading. Attachment:
City Manager’s December 10th Memorandum to City Council. Page 65 of 486
1 ORDINANCE NO. 2009-___ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS
NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of its economic development activities and in order to foster economic
growth in the enterprise zone, the City desires to purchase the property described on Exhibit “A” attached hereto from Warren Henry Acquisitions LLC (the “Company”) WHEREAS, the City
desires to authorize the borrowing of Seven Million Three Hundred Thousand Dollars ($7,300,000), and to authorize the issuance of bonds not exceeding Seven Million Three Hundred Thousand
Dollars ($7,300,000) for the purpose of financing the costs of purchasing the property, and paying costs of issuance of the bonds, and WHEREAS, pursuant to Section 4.3 of the City’s
Charter, an ordinance must be adopted in order to authorize the borrowing of money, and WHEREAS, the Council desires that the bonds be secured by the public service tax, as further specified
by subsequent resolution of the Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. 35 36 37 38 SECTION 2. AUTHORIZATION: In
accordance with the provisions of the Charter of the City of Miami Gardens, Florida and Chapter 166, Florida Statutes, the City Council of the City of Miami Gardens hereby authorizes
the borrowing of Seven Million Three Hundred Thousand Dollars ($7,300,000). The City Council further authorizes Taxable Land Acquisition Revenue Bonds (the “Bonds”) of the City, to be
issued in an aggregate principal amount not to exceed Seven Million Three Hundred Thousand Dollars ($7,300,000), in one or more series, for the purpose of financing the costs of purchasing
the property identified above, and paying costs of issuance of the Bonds. The Bonds shall be designated “City of Miami Gardens, Florida Taxable Land Acquisition Revenue Bonds, Series
2009” or such other designation as may be approved by supplemental 39 40 41 42 43 44 45 46 47 {M1778583_1} Page 66 of 486
{M1778583_1} 2 1 2 3 4 5 6 7 8 9 resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than five (5) years from
their date of issuance, shall bear interest at a taxable rate from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the
Bonds, shall be subject to redemption at the option of the City at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental
resolution.. The Bonds shall be secured by a pledge of the public service tax, as further specified by supplemental resolution of the Council. The supplemental resolution may be adopted,
and the Bonds may be issued, at any time after the effective date of this Ordinance. SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized
to negotiate with banks and other financial institutions for the purchase of the Bonds and with respect to the terms of the Bonds. The City Attorney and Bond Counsel to the City are
hereby authorized to draft documents, including bond documents and a purchase contract, and to do all other things necessary to accomplish the issuance and sale of the Bonds and the
purchase of the property. 10 11 12 13 14 15 16 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 17 18 19 SECTION 5. 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. 20 21 22 23 24 SECTION 6. EFFECTIVE
DATE: This Ordinance will become effective immediately upon its final passage. 25 26 27 28 29 30 31 32 33 34 35 PASSED ON FIRST READING THE 14th DAY OF January, 2009. PASSED ON SECOND
READING THE _____ DAY OF __________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF _______, 2009. 36 37 38
39 40 41 SHIRLEY GIBSON, MAYOR ATTEST: 42 43 44 45 46 47 RONETTA TAYLOR, MMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 67 of 486
{M1778583_1} 3 1 2 3 4 5 6 7 8 CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 9 SPONSORED BY: DANNY O. CREW, CITY MANAGER 10 11 12 13 14 MOVED BY: VOTE: 15 Mayor Shirley Gibson
(Yes) (No) 16 Vice Mayor Barbara Watson (Yes) (No) 17 Councilman Melvin L. Bratton (Yes) (No) 18 Councilman Aaron Campbell, Jr. (Yes) (No) 19 Councilman Oliver Gilbert III (Yes) (No)
20 Councilwoman Sharon Pritchett (Yes) (No) 21 Councilman Andre L. Williams (Yes) (No) 22 Page 68 of 486
City of .Miami Gardens 1515-200 NW 167t1 Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Jr.
Councilman Andre Williams Councilwoman Sharon Pritchett Councilman Oliver Gilbert III MEMORANDUM To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: December 10, 2008
Re: Economic Development Assistance – Warren Henry Automobiles, Inc. Background The national credit crisis has hit one of Miami Gardens' largest local employers. As you are aware, Warren
Henry Automobiles (WHA) has been planning a major relocation to the 15 acre parcel adjacent to the Golden Glades WalMart for some time. They purchased the property and are currently
going through the City's building approval process. Upon purchasing the property, WHA arranged bank financing for the land purchase and subsequent construction of the new facilities.
However, earlier this week, WHA was advised by their financing source (iStar Financial) that the loan was being withdrawn. This has left WHA with a serious situation that may result
in the closing or relocation of the dealership out of Miami Gardens when their current lease expires in less than 2 years. Challenging times call for innovation and non-linear approaches.
When WHA approached the City for our thoughts on this situation, from a city management perspective, I was certainly concerned about the local impact of these four (4) dealerships leaving
Miami Gardens: jobs, local restaurants and shops, local suppliers, tax base, inconvenience to local customers, etc. We often hear the expression "Think Globally, Act Locally." This situation
presents us with the opportunity to demonstrate our commitment to the local economy in this time of global emergency and gives us the opportunity to jump-start our local economic development
mission. The WHA situation is quite unique. WHA is a top ten Miami Gardens-based employer with over 250 employees and it is the second largest Miami-Gardens-based business. The proposed
proposed expansion would be an economic boon to the City of Miami Gardens through creation of additional jobs and through 1 Page 69 of 486
a major increase in our tax base. It is estimated that the new facility would pay over $200,000 per year in new taxes to the City alone. In addition, the construction period would also
add temporary jobs in our community just when they are needed most, and would generate several hundred thousand dollars in permit revenue to the City. On the other hand, its demise would
be a blow to the local economy, our local workforce, and our efforts to maintain a vibrant Miami Gardens. Financing Challenges The challenge in the City helping with this problem is
two-fold: Land Acquisition and Construction Financing. • The first challenge is to secure permanent financing for the property. WHA purchased the property in December of 2007 for $9,300,000.
It put in initial equity of $2,175,000 of its own money down and has a $7,125,000 mor tgage on the balance. Additionally, through November 2008 WHA has invested another $800,000 into
the project on soft costs associated with architects, contractors, civil engineers, land use attorneys, etc. The current mortgage on this property was to become permanently financed
in conjunction with the permanent financing of the entire project. Now that the permanent financing has been withdrawn, they are facing a complete loss of the property and their equity
in the property within a few months. The goal here is to achieve an extension of the property bridge financing until WHA can arrange for full project financing. The City can play a positive
role in this by structuring financing for this portion of the challenge that will be a win-win for our residents no matter what subsequently happens on the construction challenge portion.
• Second, once the land issue is resolved. WHA needs to locate alternative construction and permanent financing for the new facilities. Based on conversations with banks and economic
development officials, we have been advised that the banks are almost universally not extending credit for such projects in the private sector. WHA is in need of approximately $35 to
$38 million in construction/long term financing in order to complete this project. It will take some time in order to arrange this. The City also may be able to play a role in this challenge.
The preferred alternative would be for WHA to find financing through a conventional bank. To this end, the City has enlisted the help of the Beacon Council to try and locate lenders
that might be willing to finance the project. A second alternative might be for the City to issue a taxable Industrial Development Bond (IDB) for the project financing (also called Private
Activity Bonds). These bonds are used by many cities to encourage qualified industrial and commercial development to locate or remain within their jurisdictions. An IDB is not like a
traditional "revenue" bond that the City has issued before. Although it would be called a "City of Miami Gardens Industrial Development Bond" or something to that effect, the City really
has no role in the bond activities, financing or outcome other than to issue it in the City's name. The City's revenue is not used to back the bond nor does the City have any obligation
toward the bondholder if the company should default. The bond does not become part Page 70 of 486
of our general ledger or our outstanding debt burden. An IDB is essentially a private deal between the company seeking financing, and the market (bond buyer), that is run through the
City to grant it the appropriate IRS authority. Even with an IDB, there is no assurance that the market will buy the bonds. It depends on the corporation's financial standing and the
rating the bond secures before going to market. These bonds can be sold on the open market but are usually sold through a negotiated sale. While these approaches to economic development
are new to Miami Gardens, municipalities nationwide provide economic development assistance to business and industry. Programs such as the IDB program have been around for well over
30 years. 3 Recommended Approach -General All cities have at best, limited abilities to assist in economic development of their communities as our resources are not limitless. However,
if the City is to ever seriously consider such assistance, this is the time and this is a prime candidate. Warren Henry Automobiles has been located in the Miami Gardens community for
over 30 years. It has been a strong supporter of the City ever since incorporation. It is one of our top employers and has an important impact on the local economy. As indicated earlier,
the City can assist WHA in this endeavor in such a way as the residents will ultimately win no matter what the final outcome, as follows: • Successful completion of the project: If the
City is successful in providing a temporary bridge loan to WHA and they are able to successfully secure financing for the project, then the City will have helped save a major Miami Gardens-based
business and saved over 250 jobs. In addition, the City will have enhanced our tax base by over $35 million, resulting in over $200,000 per year in property tax revenue that our residents
will not have to pay. • Project is not completed: If, even after the receipt of a new bridge loan for the property, WHA is not successful in securing permanent financing for the project,
the property, and WHA's $2,175,000 in equity in that property will become the City's asset. The Council has discussed many times over the past five years of the necessity to "bank" key
pieces of land so that the City can control its development future. Unfortunately, the opportunities to do this are few and far between. However, if this project is not completed and
the land reverts back to the City,
it will have purchased the last major tract of undeveloped land in the Golden Glades area for a bargain price. Whether the City ultimately holds this land for future development or uses
it to develop a park or other municipal purpose, we will have made a sound investment in the City's future. Obviously, the first alternative above is the desired result: That would be
a win for WHA and a win for City taxpayers. However, if the second alternative were to occur, WHA would be no worse off at that time than compared to what they are facing now; and the
taxpayers would still be a winner in the long run. Page 71 of 486
4 Outline of Phase I: Land Acquisition Activity What follows is a simple step-by-step outline of the tasks that would have to be done to complete phase one: 1. City issues a taxable
bond for $7.125 million to be sold at a negotiated rate to Wachovia Bank. 2. In a simultaneous closing: a. The City would use the $7 million to Pay-off existing mortgage holder (I-Star
Financial). b. WHA would deed the property to the City. c. City and WHA would enter into a 24 month lease for the property at a rate equal to one percent (1%) above the City's cost of
capital (Bond interest rate). This will provide the City a modest $70,000/year to cover the debt service plus a modest administrative cost recovery. d. If, at the end of the 24 month
period or earlier, WHA receives permanent financing, WHA would repurchase the property at the original $7.125 million price. e. If, at the end of the 24 month period, WHA has not received
its permanent financing and building permits, the lease would terminate and the City would own the land unencumbered. Phase 2: Construction/Permanent Financing As indicated earlier,
the most pressing challenge right now is to secure a bridge loan for WHA. Once this is done, the City, Beacon Council and WHA can concentrate on finding suitable long term financing.
We will have two years to accomplish this. RECOMMENDATION Tough times call for action, and while the City cannot do anything to fix the financial situation in Washington or on Wall Street,
the City can use its resources to help lessen the impact of their negative results on Miami Gardens. WHA is the second largest Miami-Gardens-based employer. If the City can do something
to help preserve these jobs and the tax base, it should be a top priority, especially when the proposed assistance has a positive outcome for the City whether it succeeds or not. I recommend
that City Council authorize the staff to proceed with Phase I of the program as outlined above. Page 72 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: X Sponsor Name Danny Crew, City Manager Department: Planning and Zoning Short Title: AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS
FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES;
PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background At the December 3, 2008 Zoning Hearing, City Staff provided Council with a presentation of multi-family
housing projects within the City. As an outcome of that presentation, the City Council has directed that City staff initiate a comprehensive planning process to study the issue of multifamily
housing. An element of this process is to conduct workshops where key stakeholders could participate in the discussion that will affect future land use. Staff is proceeding with assembling
all of the information requested by Council for their consideration. ITEM I-4) ORDINANCE SECOND READING/PUBLIC HEARING Moratorium on Multifamily Uses Page 73 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation The City has recently received a number of requests to re-zone single family zoned properties
to multifamily. In light of the information presented to Council, and their requests for a comprehensive study, Staff needs to have an opportunity to study this phenomenon to ensure
that the City does not become over proliferated with multifamily uses. As a result, the City Manager is requesting that the City Council issue a twelve (12) month moratorium on the processing
of development orders for multifamily uses in the all zoning districts, including but not limited to site plans, development applications, permits and any related actions and/or approvals
for such uses within the districts to determine whether these uses should be permitted in the City and if so, pursuant to what regulations. On January 7, 2009, the City Manager issued
an Administrative Zoning Moratoria, pursuant to Section 33-323, Administrative Zoning Moratoria of the Zoning Code. The attached ordinance was approved on 1st reading at the January
14, 2009 City Council meeting. . The approval of the attached ordinance on 2nd reading formally adopts a moratorium on processing development orders for multi-family housing projects.
Proposed Action: Staff recommends approval of the ordinance on 2nd reading,that formally adopts a moratorium on the processing of development orders for multi-family housing projects
in the City of Miami Gardens. Attachment: None Page 74 of 486
8314926.1 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 09-AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS,
INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE. WHEREAS, recently the City has received a number of requests to rezone single family zoned properties or take other zoning related actions to permit multifamily development,
and WHERES, City staff needs to have an opportunity to study this phenomenon to ensure that the City does not become over proliferated with multifamily uses, and WHEREAS, the City Council
has directed that City staff, initiate a comprehensive planning process to study the issue issue of multifamily housing in the City, WHEREAS, the City Manager is requesting that the
City Council issue a twelve (12) month moratorium on the processing of development orders for multifamily uses in the all zoning districts, including but not limited to site plans, development
applications, permits and any related actions and/or approvals for such uses within the district to determine whether these uses should be permitted in the City and if so, pursuant to
Page 75 of 486
Ordinance No. 09 -Page 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 what regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this
Ordinance. SECTION 2. ESTABLISHMENT OF MORATORIUM: A moratorium on the processing and permitting of development orders for multifamily uses in all zoning districts, including but not
limited to site plans, development applications, permits and any related actions and/or approvals for such uses within all zoning districts is hereby established for a period of twelve
(12) months from the effective date of this ordinance. The moratorium is subject to the provisions of Section 3 herein. Except as otherwise provided herein, no department of the City
shall issue any zoning permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the
City, during the term of the moratorium established hereby. SECTION 3. EXEMPTION: The moratorium established hereby shall not apply to the following: a) Development orders relating to
lawfully existing multifamily uses; Page 76 of 486
Ordinance No. 09 -Page 3 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b) The approval of an application, a bonafide application for which was made six (6) months prior to the effective
date hereof; c) Building permits for multifamily uses with approved site plans SECTION 4: STUDY: The City Manager and such other departments of the City, as the City Manager shall deem
appropriate shall undertake a study of multifamily uses in all zoning districts and shall report back to the Mayor and City Council the results of any studies. SECTION 5: CONFLICT: All
ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance. SECTION 7. EFFECTIVE DATE: DATE: This Ordinance shall become effective immediately upon its final passage. PASSED
ON FIRST READING ON THE 14th DAY OF JANUARY, 2009. PASSED ON SECOND READING ON THE DAY OF , 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING
HELD ON THE DAY OF , 2009. Page 77 of 486
Ordinance No. 09 -Page 4 ___ __________________________ SHIRLEY GIBSON, MAYOR ATTEST: ___________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS,
City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman
Aaron CampbelI (Yes) (No) Councilman Andre' Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Oliver Gilbert III (Yes) (No) Page 78 of 486
Ordinance No. 09 -Page 5 Page 79 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
(Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name City
Manager Department: Finance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2007/2008 ANNUAL AUDIT REPORT PREPARED BY THE
CITY’S AUDITORS, HARVEY, COVINGTON AND THOMAS LLC; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with State Statute 218.39,
all municipalities are required to have an annual audit performed by an independent firm of Certified Public Accountants. The City has received the FY2007‐08 Audit Report from its external
auditors Harvey, Covington, and Thomas LLC. This is this firm’s first year auditing the city’s financial statements, and we are pleased to be able to meet, for the second year in a row,
our goal of presenting the annual audited statements within 120 days of year end, or during January of each year. Recommendation: Staff recommends that Council approve this resolution
accepting the FY2008 annual report. Attachment: ITEM J-1) CONSENT AGENDA RESOLUTION 2007/2008 Annual Audit Report Page 80 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2007/2008 ANNUAL AUDIT REPORT PREPARED BY THE CITY’S AUDITORS, HARVEY,
COVINGTON AND THOMAS LLC; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 218.39, Florida Statutes, municipalities are
required to have an annual audit performed by an independent Certified Public Accounting firm, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City has received its
Fiscal Year 2007/2008 Audit Report from its external auditors, Harvey, Covington and Thomas LLC, and WHEREAS, the City Council would like to accept the Fiscal Year 2007/2008 Annual Audit
Report, 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. ACCEPTANCE OF AUDITOR’S REPORT: The City Council of the City
of Miami Gardens hereby accepts the Fiscal Year 2007/2008 Annual Audit Report prepared by Harvey, Covington and Thomas LLC. 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 JANUARY 28, 2009. Page 81 of 486
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 42 Mayor Shirley Gibson (Yes) ___(No)
43 Vice Mayor Barbara Watson (Yes) ___(No) 44 Councilman Melvin L. Bratton (Yes) ___(No) 45 Councilman Aaron Campbell (Yes) ___(No) 46 Councilman Oliver Gilbert, III (Yes) ___(No) 47
Councilwoman Sharon Pritchett (Yes) ___(No) 48 Councilman André Williams (Yes) ___(No) 49 50 51 SKD/teh 8324943_1.DOC Page 82 of 486
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: All City Funds Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: RFQ#0809006 Continuing Architectural, Engineering, Surveying & Planning Services – Architectural Services X Sponsor Name Dr. Danny Crew, City Manager Department:
Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s current contracts for continuing
professional architectural, engineering, planning services were awarded for five years and are due to expire, however the City continues to require the services of these professional
consultants. Some of the projects requiring architectural services include City Hall, Fleet Facility, Parks. Staff recommends contracting with four firms for architectural services.
Staff prepared specifications to retain professional consultants to provide services required underd a non-exclusive services contract. The request for qualifications was prepared in
accourdance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-006 was advertised on November 16, 2008. A broadcast notice was sent to 2,998 vendors.
One hundred forty proposal ITEM J-2) CONSENT AGENDA RESOLUTION CPZ Architects, Inc. Page 192 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 packages were requested. The proposals were opened on October 16, 2008. Twenty-two proposals were received and publicity
readfor architectural services. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. A selection/evlatuion committee
consisting of five two-member teams. Each team provided one score. The teams consisted of: Tom Ruiz, Public Works Director and Marianna Pitiriciu, City Engineer; Daniel Rosemond Intermin
Asst. City Manager and Elizabeth Valera, Community Loan Program Manager; Vernita Nelson, Intermin Asst. City Manager; Jay Marder, Planning & Zoning Director and Bhairvi Pandya, Senior
Planner; and Antranette Pierre, Special Projects Director and Jimmie Allen, Project Manager. Each team was provided the evalution ranking sheet, proposals, copy of the solicitation and
instructions as to the ranking process. The ranking sheets were returned to procurement procurement on November 14, 2009. At which time the scores were combined and totaled. A committee
meeting was held on November 21, 2009 to discuss how many firms should be short listed. Scheduling oral presentations for architectural firms, deciding questions to ask the short listed
firms were also discussed. Oral presentations were scheduled for January 6, 2009 and January 7, 2009. The individual committee members performed site visits to projects that the short
listed architectural firms had either designed and or planned. Each member received favorable remarks from the owner or the owner’s representative. Procurement sent reference checks
to the references of all of the firms that were short listed. References received were all favorable. Each firm was given the list of questions and fifteen minutes for their presentation
the schedule was as follows: January 6, 2009 January 7, 2009 Bermello Ajamil & Partners Triangle Associates C3TS URS Corporation Southern CPZ Architect, Inc. Zysovich Architects Spillis
Spillis Candela DMJM Upon conclusion of the oral presentations, the committee ranked the firms for each discipline The results are attached as Exhibit B. Proposed Action: That the City
Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive continuing contract with with CPZ Architect’s, Inc. located in Ft. Lauderdale,
FL for architectural services. Page 193 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: A list of proposers are attached as Exhibit A. Results from the oral presentations are attached as Exhibit
B. Page 194 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently operates under continuing
professional contracts for architectural engineering, and planning services, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, these contracts will expire soon, and WHEREAS,
City staff has issued a Request For Qualifications in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (“CCNA”), and WHEREAS, the proposal
was for various services including architectural services, engineering services, planning and surveying services, and WHEREAS, the City received a total of twenty-two (22) proposals
relating to architectural services, and WHEREAS, a selection/evaluation committee consisting of City staff was formed and ranked the respondents, and WHEREAS, City staff ranked the firms
and scheduled oral presentations for each firm, and WHEREAS, as it relates to architectural services, City staff is recommending that the City contract with CPZ Architects, Inc., for
a non-exclusive continuing contract for architectural services, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 195 of 486
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.
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens hereby authorizes
the City Manager to negotiate and execute a non-exclusive continuing contract with CPZ Architects, Inc., for architectural services. 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 JANUARY 28, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY
MANAGER MOVED BY:_____________________ VOTE: _____ 52 Mayor Shirley Gibson (Yes) ___(No) 53 Vice Mayor Barbara Watson (Yes) ___(No) 54 Councilman Melvin L. Bratton (Yes) ___(No) 55 Councilman
Aaron Campbell (Yes) ___(No) Page 196 of 486
56 Councilman Oliver Gilbert, III (Yes) ___(No) 57 Councilwoman Sharon Pritchett (Yes) ___(No) 58 Councilman André Williams (Yes) ___(No) 59 60 61 SKD/teh 8324817_1.DOC Page 197 of 486
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-006 Continuing Architectural, Engineering, Surveying & Planning Oral Presentations – Architectural Firms
January 6, 2009 & January 7, 2009 By signing this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________
Company Evidence of ability, capacity & skill of firm to perform (max. 100 pts.) Quality, depth & scope of response (max. 125 pts.) Inc/gen approach Successful experience & background
in similar services (max. 125 pts.) Background & experience of personnel (max. 100 pts.) Firm(s) located in CMG (max. 25 pts.) Firm donate local schools (max.2 5 pts) Total (max.500
pts.) Bermello Ajamil 76.5 90.5 104.5 84.0 0 0 356 C3TS 95.0 112.5 111.5 90.0 0 0 409 CPZ Architect 93.0 114.5 114.5 95.5 0 0 418 Spillis Candela 100.0 117.5 113.0 98.5 0 0 429 Triangle
Assoc 81.0 85.0 100.5 83.0 0 0 350 URS Corp 98.0 117.5 119.0 97.0 0 0 432 Zyscovich Architect 96.5 103.5 108.5 93.0 0 0 402 Comments: _________________________________________________________________
____________________________________ _____________________________________________________________________________________________________ ____________________________________________________________
_________________________________________ Page 202 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: All City Funds Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: RFQ#0809006 Continuing Architectural, Engineering, Surveying & Planning Services – Architectural Services X Sponsor Name Dr. Danny Crew, City Manager Department:
Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH SPILLIS CANDELA DMJM, FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s current contracts for continuing
professional architectural, engineering, planning services were awarded for five years and are due to expire, however the City continues to require the services of these professional
consultants. Some of the projects requiring architectural services include City Hall, Fleet Facility, Parks. Staff recommends contracting with four firms for architectural services.
Staff prepared specifications to retain professional consultants to provide services required underd a non-exclusive services contract. The request for qualifications was prepared in
accourdance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-006 was advertised on November 16, 2008. A broadcast notice was sent to 2,998 vendors.
One hundred forty proposal ITEM J-3) CONSENT AGENDA RESOLUTION Spillis Candela DMJM Page 203 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 packages were requested. The proposals were opened on October 16, 2008. Twenty-two proposals were received and publicity
readfor architectural services. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. A selection/evlatuion committee
consisting of five two-member teams. Each team provided one score. The teams consisted of: Tom Ruiz, Public Works Director and Marianna Pitiriciu, City Engineer; Daniel Rosemond Intermin
Asst. City Manager and Elizabeth Valera, Community Loan Program Manager; Vernita Nelson, Intermin Asst. City Manager; Jay Marder, Planning & Zoning Director and Bhairvi Pandya, Senior
Planner; and Antranette Pierre, Special Projects Director and Jimmie Allen, Project Manager. Each team was provided the evalution ranking sheet, proposals, copy of the solicitation and
instructions as to the ranking process. The ranking sheets were returned to procurement procurement on November 14, 2009. At which time the scores were combined and totaled. A committee
meeting was held on November 21, 2009 to discuss how many firms should be short listed. Scheduling oral presentations for architectural firms, deciding questions to ask the short listed
firms were also discussed. Oral presentations were scheduled for January 6, 2009 and January 7, 2009. The individual committee members performed site visits to projects that the short
listed architectural firms had either designed and or planned. Each member received favorable remarks from the owner or the owner’s representative. Procurement sent reference checks
to the references of all of the firms that were short listed. References received were all favorable. Each firm was given the list of questions and fifteen minutes for their presentation
the schedule was as follows: January 6, 2009 January 7, 2009 Bermello Ajamil & Partners Triangle Associates C3TS URS Corporation Southern CPZ Architect, Inc. Zysovich Architects Spillis
Spillis Candela DMJM Upon conclusion of the oral presentations, the committee ranked the firms for each discipline The results
are attached as Exhibit B. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive continuing contract
with with Spillis Candela DMJM, located in Miami, FL for architectural services. Page 204 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: A list of proposers are attached as Exhibit A. Results from the oral presentations are attached as Exhibit
B. Page 205 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH
SPILLIS CANDELA DMJM, FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently operates under continuing professional
contracts for architectural engineering, and planning services, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, these contracts will expire soon, and WHEREAS, City staff has issued
a Request For Qualifications in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (“CCNA”), and WHEREAS, the proposal was for various services
including architectural services, engineering services, planning and surveying services, and WHEREAS, the City received a total of twenty-two (22) proposals relating to architectural
services, and WHEREAS, a selection/evaluation committee consisting of City staff was formed and ranked the respondents, and WHEREAS, City staff ranked the firms and scheduled oral presentations
for each firm, and WHEREAS, as it relates to architectural services, City staff is recommending that the City contract with Spillis Candela DMJM, for a non-exclusive continuing contract
for architectural services, Page 206 of 486
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
45 46 47 48 49 50 51 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Resolution. Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens hereby authorizes the City Manager to negotiate and execute a non-exclusive continuing
contract with Spillis Candela DMJM, for architectural services. 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 JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ Page
207 of 486
52 Mayor Shirley Gibson (Yes) ___(No) 53 Vice Mayor Barbara Watson (Yes) ___(No) 54 Councilman Melvin L. Bratton (Yes) ___(No) 55 Councilman Aaron Campbell (Yes) ___(No) 56 Councilman
Oliver Gilbert, III (Yes) ___(No) 57 Councilwoman Sharon Pritchett (Yes) ___(No) 58 Councilman André Williams (Yes) ___(No) 59 60 61 SKD/teh 8324821_1.DOC Page 208 of 486
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-006 Continuing Architectural, Engineering, Surveying & Planning Oral Presentations – Architectural Firms
January 6, 2009 & January 7, 2009 By signing this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________
Company Evidence of ability, capacity & skill of firm to perform (max. 100 pts.) Quality, depth & scope of response (max. 125 pts.) Inc/gen approach Successful experience & background
in similar services (max. 125 pts.) Background & experience of personnel (max. 100 pts.) Firm(s) located in CMG (max. 25 pts.) Firm donate local schools (max.2 5 pts) Total (max.500
pts.) Bermello Ajamil 76.5 90.5 104.5 84.0 0 0 356 C3TS 95.0 112.5 111.5 90.0 0 0 409 CPZ Architect 93.0 114.5 114.5 95.5 0 0 418 Spillis Candela 100.0 117.5 113.0 98.5 0 0 429 Triangle
Assoc 81.0 85.0 100.5 83.0 0 0 350 URS Corp 98.0 117.5 119.0 97.0 0 0 432 Zyscovich Architect 96.5 103.5 108.5 93.0 0 0 402 Comments: _________________________________________________________________
____________________________________ _____________________________________________________________________________________________________ ____________________________________________________________
_________________________________________ Page 213 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: All City Funds Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: RFQ#0809006 Continuing Architectural, Engineering, Surveying & Planning Services – Architectural Services X Sponsor Name Dr. Danny Crew, City Manager Department:
Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH URS CORPORATION SOUTHERN FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s current contracts for
continuing professional architectural, engineering, planning services were awarded for five years and are due to expire, however the City continues to require the services of these professional
consultants. Some of the projects requiring architectural services include City Hall, Fleet Facility, Parks. Staff recommends contracting with four firms for architectural services Staff
prepared specifications to retain professional consultants to provide services required underd a non-exclusive services contract. The request for qualifications was prepared in accourdance
with Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-006 was advertised on November 16, 2008. A broadcast notice was sent to 2,998 vendors. One hundred
forty proposal ITEM J-4) CONSENT AGENDA RESOLUTION URS Corporation Southern Page 214 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 packages were requested. The proposals were opened on October 16, 2008. twenty-two proposals were received and publicity
readfor architectural services. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. A selection/evlatuion committee
consisting of five two-member teams. Each team provided one score. The teams consisted of: Tom Ruiz, Public Works Director and Marianna Pitiriciu, City Engineer; Daniel Rosemond Intermin
Asst. City Manager and Elizabeth Valera, Community Loan Program Manager; Vernita Nelson, Intermin Asst. City Manager; Jay Marder, Planning & Zoning Director and Bhairvi Pandya, Senior
Planner; and Antranette Pierre, Special Projects Director and Jimmie Allen, Project Manager. Each team was provided the evalution ranking sheet, proposals, copy of the solicitation and
instructions as to the ranking process. The ranking sheets were returned to procurement procurement on November 14, 2009. At which time the scores were combined and totaled. A committee
meeting was held on November 21, 2009 to discuss how many firms should be short listed. Scheduling oral presentations for architectural firms, deciding questions to ask the short listed
firms were also discussed. Oral presentations were scheduled for January 6, 2009 and January 7, 2009. The individual committee members performed site visits to projects that the short
listed architectural firms had either designed and or planned. Each member received favorable remarks from the owner or the owner’s representative. Procurement sent reference checks
to the references of all of the firms that were short listed. References received were all favorable. Each firm was given the list of questions and fifteen minutes for their presentation
the schedule was as follows: January 6, 2009 January 7, 2009 Bermello Ajamil & Partners Triangle Associates C3TS URS Corporation Southern CPZ Architect, Inc. Zysovich Architects Spillis
Spillis Candela DMJM Upon conclusion of the oral presentations, the committee ranked the firms for each discipline The results are attached as Exhibit B. Proposed Action: That the City
Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive continuing contract with with URS Corporation Southern, located in Miami,
FL for architectural services. Page 215 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: A list of proposers are attached as Exhibit A. Results from the oral presentations are attached as Exhibit
B. Page 216 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH URS CORPORATION SOUTHERN FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently operates under continuing
professional contracts for architectural engineering, and planning services, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, these contracts will expire soon, and WHEREAS,
City staff has issued a Request For Qualifications in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (“CCNA”), and WHEREAS, the proposal
was for various services including architectural services, engineering services, planning and surveying services, and WHEREAS, the City received a total of twenty-two (22) proposals
relating to architectural services, and WHEREAS, a selection/evaluation committee consisting of City staff was formed and ranked the respondents, and WHEREAS, City staff ranked the firms
and scheduled oral presentations for each firm, and WHEREAS, as it relates to architectural services, City staff is recommending that the City contract with URS Corporation Southern
for a non-exclusive continuing contract for architectural services, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 217 of 486
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.
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens hereby authorizes
the City Manager to negotiate and execute a non-exclusive continuing contract with URS Corporation Southern for architectural services. 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 JANUARY 28, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY
MANAGER MOVED BY:_____________________ VOTE: _____ 52 Mayor Shirley Gibson (Yes) ___(No) 53 Vice Mayor Barbara Watson (Yes) ___(No) 54 Councilman Melvin L. Bratton (Yes) ___(No) 55 Councilman
Aaron Campbell (Yes) ___(No) Page 218 of 486
56 Councilman Oliver Gilbert, III (Yes) ___(No) 57 Councilwoman Sharon Pritchett (Yes) ___(No) 58 Councilman André Williams (Yes) ___(No) 59 60 61 SKD/teh 8324653_1.DOC Page 219 of 486
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-006 Continuing Architectural, Engineering, Surveying & Planning Oral Presentations – Architectural Firms
January 6, 2009 & January 7, 2009 By signing this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________
Company Evidence of ability, capacity & skill of firm to perform (max. 100 pts.) Quality, depth & scope of response (max. 125 pts.) Inc/gen approach Successful experience & background
in similar services (max. 125 pts.) Background & experience of personnel (max. 100 pts.) Firm(s) located in CMG (max. 25 pts.) Firm donate local schools (max.2 5 pts) Total (max.500
pts.) Bermello Ajamil 76.5 90.5 104.5 84.0 0 0 356 C3TS 95.0 112.5 111.5 90.0 0 0 409 CPZ Architect 93.0 114.5 114.5 95.5 0 0 418 Spillis Candela 100.0 117.5 113.0 98.5 0 0 429 Triangle
Assoc 81.0 85.0 100.5 83.0 0 0 350 URS Corp 98.0 117.5 119.0 97.0 0 0 432 Zyscovich Architect 96.5 103.5 108.5 93.0 0 0 402 Comments: _________________________________________________________________
____________________________________ _____________________________________________________________________________________________________ ____________________________________________________________
_________________________________________ Page 224 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: All City Funds Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: RFQ#0809006 Continuing Architectural, Engineering, Surveying & Planning Services – Architectural Services X Sponsor Name Dr. Danny Crew, City Manager Department:
Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, PA (C3TS), FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s
current contracts for continuing professional architectural, engineering, planning services were awarded for five years and are due to expire, however the City continues to require the
services of these professional consultants. Some of the projects requiring architectural services include City Hall, Fleet Facility, Parks. Staff recommends contracting with four firms
for architectural services Staff prepared specifications to retain professional consultants to provide services required underd a non-exclusive services contract. The request for qualifications
was prepared in accourdance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-006 was advertised on ITEM J-5) CONSENT AGENDA RESOLUTION Corzo Castella
Carballo Thompson Salman, PA (C3TS) Page 225 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 November 16, 2008. A broadcast notice was sent to 2,998 vendors. One hundred forty proposal packages were requested.
The proposals were opened on October 16, 2008. twenty-two proposals were received and publicity readfor architectural services. A copy of the proposal document and submittals are available
at the assistant to the mayor and council’s office for review. A selection/evlatuion committee consisting of five two-member teams. Each team provided one score. The teams consisted
of: Tom Ruiz, Public Works Director and Marianna Pitiriciu, City Engineer; Daniel Rosemond Intermin Asst. City Manager and Elizabeth Valera, Community Loan Program Manager; Vernita Nelson,
Intermin Asst. City Manager; Jay Marder, Planning & Zoning Director and Bhairvi Pandya, Senior Planner; and Antranette Pierre, Special Projects Director and Jimmie Allen, Project Manager.
Each team was provided the evalution ranking sheet, proposals, copy of the solicitation solicitation and instructions as to the ranking process. The ranking sheets were returned to procurement
on November 14, 2009. At which time the scores were combined and totaled. A committee meeting was held on November 21, 2009 to discuss how many firms should be short listed. Scheduling
oral presentations for architectural firms, deciding questions to ask the short listed firms were also discussed. Oral presentations were scheduled for January 6, 2009 and January 7,
2009. The individual committee members performed site visits to projects that the short listed architectural firms had either designed and or planned. Each member received favorable
remarks from the owner or the owner’s representative. Procurement sent reference checks to the references of all of the firms that were short listed. References received were all favorable.
Each firm was given the list of questions and fifteen minutes for their presentation the schedule was as follows: January 6, 2009 January 7, 2009 Bermello Ajamil & Partners Triangle
Associates C3TS URS Corporation Southern CPZ Architect, Inc. Zysovich Architects Spillis Candela DMJM Upon conclusion of the oral presentations, the committee ranked the firms for each
discipline The results are attached as Exhibit B. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive
continuing contract with with Corzo Castella Carballo Thompson Salman, P.A., located in Miami, FL.for architectural services. Attachment: Page 226 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A list of proposers are attached as Exhibit A. Results from the oral presentations are attached as Exhibit B. Page
227 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE CONTINUING CONTRACT
WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, PA (C3TS), FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently
operates under continuing professional contracts for architectural engineering, and planning services, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, these contracts will expire
soon, and WHEREAS, City staff has issued a Request For Qualifications in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (“CCNA”), and
WHEREAS, the proposal was for various services including architectural services, engineering services, planning and surveying services, and WHEREAS, the City received a total of twenty-two
(22) proposals relating to architectural services, and WHEREAS, a selection/evaluation committee consisting of City staff was formed and ranked the respondents, and WHEREAS, City staff
ranked the firms and scheduled oral presentations for each firm, and WHEREAS, as it relates to architectural services, City staff is recommending that the City contract with Corzo Castella
Carballo Thompson Salman, PA (C3TS), for a non-exclusive continuing contract for architectural services, Page 228 of 486
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
45 46 47 48 49 50 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part
of this Resolution. Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens hereby authorizes the City Manager to negotiate and execute a non-exclusive continuing contract
with Corzo Castella Carballo Thompson Salman, PA (C3TS), for architectural services. 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 JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________
_______________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 229
of 486
51 VOTE: _____ 52 53 Mayor Shirley Gibson (Yes) ___(No) 54 Vice Mayor Barbara Watson (Yes) ___(No) 55 Councilman Melvin L. Bratton (Yes) ___(No) 56 Councilman Aaron Campbell (Yes) ___(No)
57 Councilman Oliver Gilbert, III (Yes) ___(No) 58 Councilwoman Sharon Pritchett (Yes) ___(No) 59 Councilman André Williams (Yes) ___(No) 60 61 62 SKD/teh 8324821_1.DOC Page 230 of 486
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-006 Continuing Architectural, Engineering, Surveying & Planning Oral Presentations – Architectural Firms
January 6, 2009 & January 7, 2009 By signing this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________
Company Evidence of ability, capacity & skill of firm to perform (max. 100 pts.) Quality, depth & scope of response (max. 125 pts.) Inc/gen approach Successful experience & background
in similar services (max. 125 pts.) Background & experience of personnel (max. 100 pts.) Firm(s) located in CMG (max. 25 pts.) Firm donate local schools (max.2 5 pts) Total (max.500
pts.) Bermello Ajamil 76.5 90.5 104.5 84.0 0 0 356 C3TS 95.0 112.5 111.5 90.0 0 0 409 CPZ Architect 93.0 114.5 114.5 95.5 0 0 418 Spillis Candela 100.0 117.5 113.0 98.5 0 0 429 Triangle
Assoc 81.0 85.0 100.5 83.0 0 0 350 URS Corp 98.0 117.5 119.0 97.0 0 0 432 Zyscovich Architect 96.5 103.5 108.5 93.0 0 0 402 Comments: _________________________________________________________________
____________________________________ _____________________________________________________________________________________________________ ____________________________________________________________
_________________________________________ Page 235 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: General Fund – Parks creation rtment & Re pa De Advertising Requirement:
Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0809009 Bus Transportation Services X Sponsor Name Dr. Danny Crew, City Manager Department: Parks & Recreation Department Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, TO AIR B SCHOOL BUS TRANSPORTATION,
INC., FOR THE PROVISION OF TRANSPORTATION SERVICES RELATING TO THE CITY’S PARKS AND RECREATION DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF $140,000.00; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s Parks and Recreation Department continues to handle programming which includes after school
programs and summer/holiday camp programs. Bus services are required for transporting the children to the after school programs and field trips during summer/holiday camps. The City’s
current contract for bus service will expire January 2009. Staff prepared specifications for bus transportation services for after school programs and field trips during summer/holiday
camps for an initial period of two years with options to renew for a total of four years, pending budget approval. The bid document ITB#08-09-009, Bus Transportation Services was advertised
on November 20, 2008. A broadcast notice was sent to 160 vendors. Eight bid packages were requested. The bids were opened on December 10, 2008. Two bids were received and publicity ITEM
J-6) CONSENT AGENDA RESOLUTION P.O. to Air B School Bus Transportation Page 236 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 read. Bids were received from A1A Transportation Inc., Miami Gardens, Florida and Air B School Bus Transportation
Inc., Miami, Florida. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s office for review. Bids were evaluated for compliance with
the specifications and their ability to perform the work. The apparent low bidder, Air B School Bus Transportation, Inc. has provided this service for the City’s Parks Department for
the past four years under the first ITB. The Parks and Recreation Department are very pleased with the company’s continued service and responsiveness to our needs. Proposed Action: It
is recommended that the City Council approve the attached resolution to Air B School Bus Transportation, Inc. to provide transportation services for recreational programs in an amount
not to exceed the annual budget of $140,000. Attachment: The tabulation sheet is attached as Exhibit ““A”. Page 237 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, TO AIR B SCHOOL
BUS TRANSPORTATION, INC., FOR THE PROVISION OF TRANSPORTATION SERVICES RELATING TO THE CITY’S PARKS AND RECREATION DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF
$140,000.00; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City’s Parks and Recreation Department runs after school programs and summer/holiday
camp programs, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, transportation services are required for transporting children to the various programs and events handled through the
Parks and Recreation Department, and WHEREAS, the City’s current contract for bus service will expire this month, and WHEREAS, City staff prepared specifications for bus transportation
services in accordance with Invitation To Bid (ITB) #08-09-009, and WHEREAS, there were two (2) bids received and publicly read in response to the ITB, and WHEREAS, Air B School Bus
Transportation, Inc., in Miami, Florida, is the apparent low bidder and currently provides the services to the City, and WHEREAS, City staff recommends that the City Council authorize
an Agreement with Air B School Bus Transportation, Inc., in light of the low bid and in light of the fact that the Parks and Recreation Department is pleased with the company’s past
performance, and Page 238 of 486
WHEREAS, funding is available for this purpose in the Parks and Recreation Department Budget, 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby
authorizes the City Manager to issue purchase orders on an as-needed basis in an amount not to exceed the annual budgeted amount of $140,000.00 to Air B School Bus Transportation, Inc.,
to provide transportation services for the City’s recreational programs operated by the Parks and Recreation Department. 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 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. Page 239 of 486
47 City Attorney 48 49 50 51 52 53 54 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 55 Mayor Shirley Gibson (Yes) ___(No) 56 Vice Mayor Barbara Watson
(Yes) ___(No) 57 Councilman Melvin L. Bratton (Yes) ___(No) 58 Councilman Aaron Campbell (Yes) ___(No) 59 Councilman Oliver Gilbert, III (Yes) ___(No) 60 Councilwoman Sharon Pritchett
(Yes) ___(No) 61 Councilman André Williams (Yes) ___(No) 62 63 64 SKD/teh 8324899_1.DOC Page 240 of 486
City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#08-09-009 Bus Transportation December 10, 2008
@2:00 p.m. This is only a tabulation of prices submitted and is not an indication of award or responsiveness Air
B School Bus A1A Transportation Inc Route #1 $138.00 $180.00 Route #2 $125.00 $180.00 Route #3 $130.00 $180.00 Day Trips – within M-Dade & Broward Counties Less than 6 hours $135.00
$45.00 per hour/4 hr minimum Day Trips – within Palm Beach County Less than 6 hours $160.00 $45.00 per hour/4 hr minimum Day Trips – within M-Dade & Broward Counties More than 6 hours
$160.00 $45.00 per hour/4 hr minimum Day Trips – within Palm Beach County More than 6 hours $175.00 $45.00 per hour/4 hr minimum OPTIONS: Charter Bus with Air Conditioning & handicap
access Add $35.00 to regular price Not available Page 241 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
(Enter Fund & Dept) eral Fund‐Parks creation Gen & Re Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name
Dr. Danny Cre City Manager w, Department: Parks and Recreation Department Short Title: 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 CONTRACT NO. 826-594 BETWEEN THE CHILDREN’S TRUST AND THE CITY OF MIAMI GARDENS RELATING TO A GRANT IN THE AMOUNT OF SEVENTY-FIVE
THOUSAND DOLLARS ($75,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens has a large number of teens who would like to give back to their community as well as broaden their life skills. In March
2006, the Parks and Recreation Department implemented programming geared towards the teenage population in our community by hiring a full‐time Teen Coordinator to develop, research funding
opportunities, implement, and monitor programs. The current program participants meet three times per week and enjoy field trips, special guests, tutoring, and socializing. To further
this mission, the department applied for and received funding in the amount of $75,000 from The Children’s Trust to expand the teen program. This will be added to the $65,939.03 in departmental
in‐kind contribution. The holistic life skills and leadership programs will serve underprivileged teens in our city. The Teen ITEM J-7) CONSENT AGENDA RESOLUTION Contract with Children's
Trust Page 242 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Leadership Academy is delivered daily during after school hours and every nine weeks a new career‐based learning
track is introduced. These theme tracks include Government, Sports /Entertainment, Environment /Science, and Health. The program is multi‐pronged, covering needed life skills such as
substance abuse prevention and financial literacy while allowing participants to explore and engage in a variety of career fields through field trips, hands on experience and structured
learning. The aim is to broaden participants’ often narrow perceptions of accessible current and future success opportunities. The primary outcome that will be addressed by the program
is improved capacity for economic self‐sufficiency, by improving the participants’ financial literacy knowledge and skills. Proposed Action: It is recommended that the City Council approved
the attached contract allowing the City Manager to negotiate and execute a contract with The Children’s Trust in the amount of $75,000 to enhance the Teen Leadership Academy. Attachment:
Attachment A –The Children’s Trust Contract No. 826‐594 Page 243 of 486
RESOLUTION No. 2009-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 CONTRACT
NO. 826-594 BETWEEN THE CHILDREN’S TRUST AND THE CITY OF MIAMI GARDENS RELATING TO A GRANT IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), 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 of Miami Gardens Parks and Recreation
Department has developed a Teen Leadership Academy (“Program”) in order to foster life skills and leadership to teenagers who reside within the City, and 1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 WHEREAS, in order to fund the Program, the City’s Parks and Recreation Department applied for and received a grant in the amount of Seventy-Five Thousand Dollars ($75,000.00)
from The Children’s Trust, and WHEREAS, in order to receive the funds, it is necessary for the City to enter into an Agreement with The Children’s Trust for this purpose, 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 Mayor and City Clerk are hereby authorized and directed to execute
and attest, respectively, that certain Contract No. 826-594 between The Children’s Trust and the City of Miami Gardens relating to a grant Page 244 of 486
in the amount of Seventy-Five Thousand Dollars ($75,000.00) from The Children’s Trust for the City of Miami Gardens Parks and Recreation Department’s Teen Leadership Academy, a copy
of which is attached hereto as Exhibit A. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City
Clerk is hereby authorized to obtain five (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to The Children’s Trust,
and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley
Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No) 49 Councilman Melvin L. Bratton (Yes) ___(No) 50 Councilman Aaron Campbell (Yes) ___(No) 51 Councilman Oliver Gilbert,
III (Yes) ___(No) Page 245 of 486
52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 Councilman André Williams (Yes) ___(No) 54 55 56 SKD/teh 8324831_1.DOC Page 246 of 486
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
CIP Fund‐Building er Comm ities Bett GOB un Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Danny Crew,
City Manager Department: Capital Improvement Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND A PRIOR
AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE INSTALLATION OF UNDERGROUND FACILITIES AT THE MIAMI GARDENS COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THE NEW AGREEMENT WITH FLORIDA POWER & LIGHT FOR THIS PURPOSE, 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. Staff Summary: As part of installing electrical service for the Miami Gardens Community Center, Florida Power & Light
(FPL) requires an agreement for the underground distribution of facilities. This agreement addresses the responsibilities of FP&L including installation of cables, transformer, and ground
rods, as well as the provision of a service meter. The City’s responsibilities include the coordination of the community center construction with the underground utility connections.
On July 9, 2008 via Resolution No. 2008‐150‐837, Council approved the execution such ITEM J-8) CONSENT AGENDA RESOLUTION Agreement with FPL Page 273 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 agreement; however, upon inclusion of sports lighting into Phase I of the construction, FPL re‐assessed the existing
wire routing and determined additional voltage was required in order to accommodate the increased demand on the electrical service. Therefore, a new agreement was crafted by FPL to addressed
such. Proposed Action: It is recommended that the City Council approve the agreement authorizing the City Manager to rescind the previous agreement and execute the new agreement that
reflects the inclusion of sports lighting at the Miami Gardens Community Center between Florida Power & Light and the City of Miami Gardens. Attachment: Exhibit A – Underground Distribution
Facilities Installation Agreement Page 274 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND A PRIOR AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE
INSTALLATION OF UNDERGROUND FACILITIES AT THE MIAMI GARDENS COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE NEW AGREEMENT WITH
FLORIDA POWER & LIGHT FOR THIS PURPOSE, 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, in order to provide electrical power to the Miami Gardens Community Center, Florida Power & Light (“FP&L”) requires an Agreement for the underground
installation of facilities, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City previously entered into an Agreement with FP&L for this purpose; however, FP&L has reassessed
its requirements, and has determined that it will require additional voltage, and WHEREAS, FP&L is requesting that the City enter into a new Agreement to reflect the additional sports
lighting requirements, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION. The City Council of the City of
Miami Gardens hereby authorizes the City Manager to rescind a prior Agreement with Florida Power & Light for the installation of underground facilities at the Miami Gardens Community
Page 275 of 486
Center and authorizing the City Manager and City Clerk to execute and attest, respectively, the new Agreement with Florida Power & Light for this purpose, a copy of which is attached
hereto as Exhibit A. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
authorized to obtain five (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to Florida Power & Light, and with one to
be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR,
CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 50 Mayor Shirley Gibson (Yes)
___(No) 51 Vice Mayor Barbara Watson (Yes) ___(No) Page 276 of 486
52 Councilman Melvin L. Bratton (Yes) ___(No) 53 Councilman Aaron Campbell (Yes) ___(No) 54 Councilman Oliver Gilbert, III (Yes) ___(No) 55 Councilwoman Sharon Pritchett (Yes) ___(No)
56 Councilman André Williams (Yes) ___(No) 57 58 59 SKD/teh 8324870_1.DOC Page 277 of 486
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes
No RFP/RFQ/Bid #: X Sponsor Name Barbara Watson, Vice Mayor Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING
VICE MAYOR BARBARA WATSON’S APPOINTMENT OF ALVIN I. SMITH TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Parks and Recreation Advisory Committee, Vice Mayor Barbara Watson hereby submits her appointee for membership
in accordance with Ordinance No. 05‐34‐72, Sections (3) and (4). Effective upon ratification, the committee will recognize Alvin I. Smith as an appointee of Vice Mayor Watson. The appointed
members of the Committee will advise the City Council in regards to parks and recreational facilities within the City, including: recommend recreational and/or cultural activities; identify
and attract local, state and federal funding programs; encourage the use of the City’s parks and open spaces; and participate in information exchange with other agencies on parks and
open spaces. Recommendation: That the City Council approves Vice Mayor Watson’s appointment of Alvin I. Smith to the Parks and Recreation Advisory Committee. Attachment: Attachment A
: Board/Committee application. ITEM J-9) CONSENT AGENDA RESOLUTION Vice Mayor Watson's appointment to the Parks & Rec Advisory Committee Page 283 of 486
RESOLUTION No. 2008-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR BARBARA WATSON’S APPOINTMENT OF ALVIN I. SMITH TO THE PARKS AND RECREATION
ADVISORY COMMITTEE FOR A ONE-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City
Council has created a Parks and Recreation Advisory Committee ("the Committee"), and WHEREAS, the Mayor and each member of the City Council have the right to appoint a member to the
Committee, and WHEREAS, Vice Mayor Barbara Watson wishes to appoint Mr. Alvin I. Smith to the Committee, 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. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms the appointment of Alvin I. Smith to the Parks and Recreation
Advisory Committee for a one-year term. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. Error! Unknown document property name.Error! Unknown document property name. Page 284 of 486
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: VICE MAYOR BARBARA WATSON MOVED BY:_____________________ VOTE: _____ 41 Mayor Shirley Gibson (Yes) ___(No)
42 Vice Mayor Barbara Watson (Yes) ___(No) 43 Councilman Melvin L. Bratton (Yes) ___(No) 44 Councilman Aaron Campbell (Yes) ___(No) 45 Councilman Oliver Gilbert, III (Yes) ___(No) 46
Councilwoman Sharon Pritchett (Yes) ___(No) 47 48 49 50 Councilman André Williams (Yes) ___(No) SKD/teh Error! Unknown document property name.Error! Unknown document property name. Page
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
(Enter Fund & Dept) CDB 2 G Program Year Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew,
City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S ANNUAL ACTION PLAN FOR PROGRAM
YEAR 2 TO DESIGNATE THE BUNCHE PARK AREA AS A NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) AND TO REALLOCATE $107,641.09 IN RECAPTURED FUNDS FROM PUBLIC SERVICES PROGRAMS TO THE
BUNCHE PARK NRSA HOUSING REHABILITATION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The area of Bunche Park was identified
in the 5‐Year Consolidated Plan (2006‐2011) as an area with the highest concentration of low and moderate income residents in the City. Over 70 percent of the residents in this area
have an income of less than 80 percent of the area median income according to the US Census (Area Median Income is $43,450 for a three‐person household). US HUD encourages participating
jurisdictions to designate Neighborhood Revitalization Strategy Areas (NRSA) to address the particular concerns for these distressed areas. ITEM J-10) CONSENT AGENDA RESOLUTION Bunche
Park Area Page 288 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 An NRSA facilitates partnerships between neighborhood residents, financial institutions, the private sector and
the City that will utilize problem‐resolution techniques to achieve substantial improvements in the neighborhood. These partnerships will be instrumental in identifying specific projects
that will impact the community. The designation of the Bunche Park NRSA (BPNRSA) provides a methodology to increase economic opportunities, provide more appropriate services to the residents,
as well as improve the safety and quality of life in the target area. One of the benefits to the City of having an NRSA designation includes a reduction the record‐keeping requirements.
Since it has already been determined that the residents in the area are all low‐income, no additional documentation or certification would be necessary for participants in city funded
programs implemented in this area. The NRSA would also allow the City to maximize the allocation of CDBG funds with greater flexibility. In order to establish an NRSA, participating
jurisdictions are required to conduct community meetings with all stakeholders within the designated boundaries. Two (2) meetings were held with stakeholders (residents) of the Bunche
Park NRSA. At the first meeting on July 24, 2008 the staff explained the HUD regulations as it relates to the program and received comments from the residents of their concerns and ideas
for revitalizing the neighborhood. The second meeting was held on October 16, 2008. During this meeting, staff presented the proposed rehabilitation programs and proposed timeline, which
would include an exterior paint program and right of way/infrastructure improvements. To ensure maximum coordination and leveraging of resources, other City Departments were also in
attendance at the second meeting including, Code Enforcement, Public Works, Parks and Recreation and the Police Department. Each department made a presentation to residents and residents
had an opportunity to ask questions and voice concerns as it related to each Department. Since the meeting, the clean out of drains in the area has already commenced. Current Situation
The Community Development Department provided HUD with a preliminary plan of the proposed NRSA designation and HUD posed no opposition to the proposed plan. Administratively, what is
required to create the NRSA is an amendment to the Action Plan (Program Year 2) officially including the revitalization strategy for the area and outlining the activities to be carried
out within the area. In addition to creating the NRSA and outlining the activities to be carried out, it is intended that funds be allocated to carry out the proposed activities. Staff
recommends that funding for the proposed activities be achieved by utilizing recaptured funds from previously funded activities that did not utilize all of their allocated funding. The
chart below provides a breakdown of the activities and funds being recaptured. Page 289 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Agency /Activity Reduction Increase Recommended Action City of Miami Gardens, Dept of Parks & Recreation/Public
Service 6,235.67 De-obligation of funds Concerned African Women, Inc./Public Service 1,784.25 De-obligation of funds Independent Living Community Services, Inc./Public Service 58,800.20
De-obligation of funds Department of Community Development/Public Service 40,820.97 De-obligation of funds Department of Community Development/Housing Rehab(Bunche Park NRSA) 107,641.09
Allocation of funds Total Funding Adjustments $107,641.09 $107,641.09 The attached resolution seeks Council approval to amend the City’s Annual Action Plan for Program Year 2 and to
approve the allocation of funds to be used for proposed activities within the established NRSA. Proposed Action: Staff recommends Council approval of the attached resolution amending
the City’s Annual Action Plan for Program Year 2 and the allocation of recaptured funds from Public Services programs to the Bunche Park NRSA Housing Rehabilitation program. Attachment:
• NRSA Document Page 290 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 TO DESIGNATE THE BUNCHE PARK AREA
AS A NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) AND TO REALLOCATE $107,641.09 IN RECAPTURED FUNDS FROM PUBLIC SERVICES PROGRAMS TO THE BUNCHE PARK NRSA HOUSING REHABILITATION PROGRAM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Bunche Park area was identified in the City’s 5-Year Consolidated
Plan as an area with the highest concentration of low and moderate income residents in the City, and WHEREAS, the United States Department of Housing and Urban Development (“HUD”) urges
participating jurisdictions to designate Neighborhood Revitalization Strategy Areas (NRSA) to address the particular concerns for these distressed areas, and WHEREAS, the City of Miami
Gardens would like to designate the Bunche Park as a NRSA in order to increase economic opportunities, provide more appropriate services to the residents, as well as improve the safety
and quality of life in the target area, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. 8327845.1 Page 291 of 486
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes an
amendment to the City’s Five Year Action Plan to create the Bunche Park NRSA, and authorizes the reallocation of $107,641.09 from Public Services Programs to the Bunche Park NRSA. 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 JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS,
ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No)
49 Councilman Melvin L. Bratton (Yes) ___(No) 50 Councilman Aaron Campbell (Yes) ___(No) 51 Councilman Oliver Gilbert, III (Yes) ___(No) 52 Councilwoman Sharon Pritchett (Yes) ___(No)
53 Councilman André Williams (Yes) ___(No) 54 8327845.1 Page 292 of 486
8327845.1 55 56 SKD/teh Page 293 of 486
City of Miami Gardens Neighborhood Revitalization Strategy Area (NRSA) Bunche Park Executive Summary Development of Neighborhood Revitalization Strategy Areas (NRSAs) facilitates partnerships
between community organizations, neighborhood residents, financial institutions, the private sector and the City that will utilize problem-resolution techniques to achieve substantial
improvements in the neighborhood. The creation of an NRSA would also allow greater flexibility in the use of CDBG funds as described in HUD regulation 24 CFR Part 570, subpart C. These
partnerships will be instrumental in identifying specific projects that will impact the community and maximize the allocation of CDBG funds. Benefits of the Bunche Park NRSA would include
increasing economic opportunities, providing appropriate services to resident, improving safety and quality of life in the target area. Another benefit of creating an NRSA is a reduction
in record-keeping requirements. Since it is determined that residents in the area are all low-income the requirement for individual household certification of eligibility is waived.
Programs and activities will be developed with an emphasis on serving the low-income residents of the Bunche Park neighborhood. The City will also coordinate with other federal and state
grant programs and local initiatives to reach the goals set by the NRSA. Background The City of Miami Gardens conducted visioning sessions as a part of the consolidated planning process.
Public outreach was a core component of the process. Residents and stakeholders were engaged in constructive and pragmatic discussions of the overall "quality of life" issues in the
City. Through this outreach, a long list of “real needs” was identified for the community. These needs were then prioritized by the associated HUD goals. These goals include decent housing,
a suitable living environment and expanded economic opportunities. This neighborhood revitalization strategy will address the needs indentified in the suitable living environment category.
In this category, residents and stakeholders placed high priority on improving safety and livability of neighborhoods, increasing access to quality public and private facilities and
services, reducing isolation of income groups within areas through spatial de-concentration of housing opportunities for lower income persons and the revitalization of deteriorating
neighborhoods. Last updated on 7-29-2008. DAM Page 294 of 486
Boundaries The boundaries of the Bunche Park NRSA include contiguous census tracts 403.5, 402.3, and 402.4. These tracts encompass an area from NW 151ST Street to the south, NW 22nd
Avenue to the east, to NW 167th Street to the North, to NW 27th Avenue to the west. The NRSA has an asymmetrical shape on the west side that deviates from NW 27th
Avenue to NW 24th Avenue along NW 155th Street. Demographic Criteria Based on data from US HUD and the US Census Bureau, low-to moderate income residents make up approximately 87.8%
of the population, with 32% of residents in the very-low income category. Almost 40% of the residents in the area are age 65 years and older. Consultation An initial meeting was held
with residents in the target revitalization area. During this meeting residents were introduced to the NRSA process. This was followed by an open forum for residents to express their
ideas and vision for revitalization of the neighborhood. The chart below shows results of this forum, categorized by HUD priorities. Prioritization of HUD Goals DECENT HOUSING Reduction
in vacant homes Retention of affordable housing stock Supply of housing for elderly population SUITABLE LIVING ENVIRONMENT Improving Safety Infrastructure Improvements Creation of public
facilities for elderly population Restoration and preservation of aesthetic values (Painting/Fencing) Conversation of energy and resources EXPANDED ECONOMIC OPPORTUNITIES Job training
& placement Small business stabilization and incentives Provision of jobs to area residents Page 2 of 4 Page 295 of 486
Page 3 of 4 Assessment Bunche Park NRSA is primarily a residential neighborhood. According to the 2000 Census, more than 70% of the residents in the Bunche Park neighborhood are classified
as low and moderate income residents This area represents the highest concentration of low and moderate income residents citywide. As such, the City of Miami Gardens will work with area
stakeholders, residents, businesses, and financial institutions to develop a neighborhood revitalization strategy to serve this area. This strategy will allow the City greater flexibility
to provide economic incentives. Economic Empowerment Programs encouraging economic empowerment in the Bunche Park NRSA will be developed using strategies that will produce realistic
results. Programs focused on job training and placement, attracting new businesses and façade improvements to existing businesses are being considered for implementation. Because of
the aging housing stock, it is essential to design programs that will restore and improve the existing housing stock. These programs could consist of painting and fencing, energy conservation
modifications and improvements to public spaces. Local business owners offering these services will be given priority to provide in this program. The use of local businesses will provide
an opportunity to reinvest in the community. The City has already implemented several programs including, an in-home assessment program for elderly residents. The in-home assessment
program connects senior citizens with needed health-care and social service programs that are available to eligible residents. The City has also partnered with a NeighborWorks affiliated
agency to provide a foreclosure intervention program for residents. The City currently has several housing programs for low-to moderate income residents including a rehabilitation program,
a disaster recovery assistance program, and a firsttime homebuyer down payment assistance program. Economic development programs in the City include a business incentive program and
and a façade improvement program that assists small business owners. Performance Measurement Performance of these programs will be measured by the success and effectiveness of the programs.
The impact each program has on the quality of life for the residents and business owners in the City of Miami Gardens will also be measured. Program accomplishments will be quantified
by indicators listed below: the number of homes rehabilitated the number of assessments performed and type of service provided or linked to the number of business owners receiving
financial assistance the number of new businesses implemented the number of families assisted in foreclosure prevention/intervention programs Page 296 of 486
Last updated on 7-29-2008. DAM Bunche NRSA Boundaries NW 22nd Avenue to the east, NW 167th Street to the north, NW 27th Ave to the west, NW 155th Street to the south Also includes area
from NW 24th Ave to NW 151st Street (to NW 22nd Ave) 00403-5 00402-3 00402-4 NW22nd Ave NW 151st Street NW 167th Street NW 27th Ave NW 155th Street NW 24th Ave NW 160th Street Page 297
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
General Fund‐Parks & Recreation Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilmember Oliver
Gilbert III Department: Parks and Recreation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING THE MIAMI GARDENS “GET FIT”
INITIATIVE FOR CITY RESIDENTS AND STAFF; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The
City of Miami Gardens Parks and Recreation offers an array of programming for residents to exercise in convenient, relaxed settings with programs such as Line Dancing, Water Aerobics,
Neighborhood Walking Clubs, and Chair Yoga for Seniors, to name a few. However we cannot ignore, the increasing number of health related cases associated with obesity, lack of exercise,
and lack of health care in communities such as Miami Gardens. To this end, Councilman Gilbert will join efforts with the Parks and Recreation Department to develop a new fitness campaign,
the Miami Gardens GET FIT Initiative, to encourage and assist staff and residents to keep their new year’s resolutions throughout 2009. GET FIT is an acronym for Getting Energetic Through
Fitness, Information and Training. To complement the services currently offered at our parks, the Miami Gardens GET FIT Initiative will offer these additional services: “Fitness focused”
flyers and newspaper ads to raise awareness of the initiative, ITEM J-11) CONSENT AGENDA RESOLUTION Miami Gardens GET FIT PROGRAM Page 298 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 An Employees’ Wellness Day, Discount packages and incentives offered by local gyms and restaurants, A health
and fitness event for the community , A fitness challenge for residents, and Personal training sessions. While the Miami Gardens GET FIT program components are still in the planning
stages, staff estimates it will take $6,000 to deliver the program components. A portion of this estimated amount is already allocated in the Parks and Recreation budget. Proposed Action:
Councilman Oliver Gilbert recommends that the City Council adopt the attached resolution, authorizing the City Manager to take any and all steps necessary to implement the Miami Gardens
GET FIT Initiative for staff and residents. Attachment: None. Page 299 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING THE MIAMI GARDENS “GET FIT” INITIATIVE FOR CITY RESIDENTS AND STAFF; PROVIDING
FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is important for the health and well being of the City’s
residents and staff that the City provide them with adequate recreational opportunities, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, although the City’s Parks and Recreation
Department offers an array of programming for residents to participate in including, line dancing, water aerobics, neighborhood walking clubs and yoga, there is still a concern with
the increasing number of health related issues associated with obesity, lack of exercise, and lack of health care, and WHEREAS, the City would like to develop a new fitness campaign
to be called the Miami Gardens GET FIT (getting Energetic Through Fitness, Information and Training) initiative to encourage City staff and residents to “get fit,” and WHEREAS, there
are opportunities available to the City with local gyms and restaurants whereby City residents and employees may be able to take advantage of health programs and discounts provided by
these entities, and WHEREAS, there is also an opportunity to expand the “Fitness Initiative” to include other activities, including personal training sessions, an employee wellness day,
a fitness challenge, and a health and fitness event for the community, and WHEREAS, the City Council would like for the City Manager to direct that his staff pursue all of these opportunities,
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45
46 47 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. IMPLEMNTATION OF FITNESS INITIATINVE: The City Council of the City of Miami Gardens hereby establishes the Miami Gardens “GET FIT” initiative in the City, to include discount
packages offered by local gyms and restaurants, an employee wellness day, a health and fitness event for the community, and a fitness challenge for residents. Section 3. INSTRUCTIONS
TO THE CITY MANAGER: The City Manager is hereby instructed to take any and all steps necessary to implement the Miami Gardens “GET FIT” Initiative” in the City. Section 4. EFFECTIVE
DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY
28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK Page 301 of 486
48 49 50 51 52 53 54 55 56 57 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Councilman Oliver Gilbert III MOVED BY:_____________________ VOTE: _____ 58 Mayor
Shirley Gibson (Yes) ___(No) 59 Vice Mayor Barbara Watson (Yes) ___(No) 60 Councilman Melvin L. Bratton (Yes) ___(No) 61 Councilman Aaron Campbell (Yes) ___(No) 62 Councilman Oliver
Gilbert, III (Yes) ___(No) 63 Councilwoman Sharon Pritchett (Yes) ___(No) 64 Councilman André Williams (Yes) ___(No) 65 66 67 SKD/teh Page 302 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: General Services Fund – Fleet Department Advertising Requirement: Yes
No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFP#08090016 Financing Proposal X Sponsor Name Dr. Danny Crew, City Manager Department: Finance Department Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000)
FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS;
AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS
AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
ITEM K-1) RESOLUTION $2 Million Equipment Acquisition Bond Page 303 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: The City requires financing to acquire approximately $2 Million for certain major capital equipment
and vehicles for various City Departments including Stormwater, Police, Public Works and Parks Departments. The City Council approved the debt as well as the acquisition of the equipment
in the FY 2008‐09 budget. Staff prepared the proposal document RFP#08‐09‐016 and advertised on November 10, 2008. A broadcast notice was sent to 502 vendors. Twenty‐two proposal packages
were requested. The proposals were opened on November 26, 2008. Three proposals were received and publicly read. Proposals were received from Colonial Bank, Miami, Florida; TD Equipment
Finance, Inc. Ft. Lauderdale, Florida; and Wachovia Bank, NA, Miami, Florida. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s
office for review. An evaluation committee consisting of Danny Crew, City Manager and William Alonso, Finance Director evaluated the proposals in accordance with the criteria. The committee
met on December 3, 2008, to discuss the criteria. Mr. Alonso provided the committee with a spreadsheet which included type of facility, draw down rate, fixed rate, bank fees, and prepayment
penalties. After considering the responses and the City’s needs, the Committee has ranked as number one, the proposal received from Wachovia Bank NA. In reaching the ranking, the committee
considered a number of factors including: interest rates, call terms, collateral requirements, debt coverage requirements and flexibility and ease of utilization and creativity in financing.
The top ranked proposal offers the best all‐around approach to our potential borrowing needs as well ad providing the lowest interest rate of the three proposals received. Proposed Action:
That the City Council approve the resolution authorizing the issuance of equipment acquisition revenue bonds in the principal amount of two million dollars. Attachment: Attachment: The
spread sheet is attached as exhibit A. Page 304 of 486
1 RESOLUTION NO. 2009-_______ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000) FOR THE PURPOSE OF FINANCING
OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE
BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 28, 2009,
the City Council (the “Council”) of the City of Miami Gardens, Florida (the “City”) adopted Ordinance No. 2009-_____ (the “Ordinance”), authorizing the issuance of equipment acquisition
revenue bonds in an aggregate principal amount of Two Million Dollars ($2,000,000) for the purpose of financing or reimbursing a portion of the costs of purchasing vehicles, equipment
and machinery for various City departments (the “Project”) and paying costs of issuance of the Bonds, and WHEREAS, the Council has determined that it is in the best interest of the City
and its citizens to accept a commitment (the “Commitment”) from Wachovia Bank, National Association (the “Bank”) to purchase the Bonds, and WHEREAS, the Council desires to set forth
the details of the Bonds in this Bond Resolution, 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 Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. 41 42 43 44 45 {M1777147_3} Page 305 of
of 486
SECTION 2. AUTHORIZATION OF BONDS: Pursuant to the provisions of this Resolution, revenue bonds of the City to be designated “City of Miami Gardens, Florida, Equipment Acquisition Revenue
Bonds, Series 2009” (the “Bonds”), are hereby authorized to be issued in an aggregate principal amount of Two Million Dollars ($2,000,000) for the purpose of financing or reimbursing
the City for costs of the Project and paying costs of issuance of the Bonds. 1 2 3 4 5 6 7 8 SECTION 3. TERMS OF THE BONDS: 9 (a) General Provisions. The Bonds shall be issued in fully
registered form without coupons. The principal of and interest on the Bonds shall be payable when due in lawful money of the United States of America by wire transfer or by certified
check delivered on or prior to the date due to the registered Owners of the Bonds (“Owners”) or their legal representatives at the addresses of the Owners as they appear on the registration
books of the City. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond
in the denomination of $2,000,000. The Bonds shall mature on February 1, 2014. THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE CITY OR A PLEDGE OF THE FAITH AND CREDIT
OF THE CITY, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE PLEDGED REVENUES, AS DEFINED IN THIS RESOLUTION. THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE
THE CITY TO LEVY OR TO PLEDGE ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR, NOR SHALL THE BONDS CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY
OF THE CITY, AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION. (b) Interest Rate. Subject to adjustment as provided below, the Bonds shall bear
interest on the outstanding principal balance from their date of issuance payable annually on each February 1 (the “Interest Payment Dates”), commencing February 1, 2010, as follows:
30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 34 (i) from the date of delivery of the Bonds until the Conversion Date (as defined below) (the “Variable Rate Period”) at an interest
rate equal to the one-month LIBOR as shown on the Telerate System, page 3750 (the “LIBOR Rate”), adjusted monthly on the first day of each month (the “Reset Date”), plus 50 basis points
(0.50%). The initial LIBOR Rate shall be based on the LIBOR Rate determined two (2) business days prior to the delivery date of the Bonds and each reset LIBOR Rate shall be based on
the LIBOR Rate determined two (2) business days prior to each Reset Date; and (ii) from the date following the Conversion Date until the maturity date of the Bonds (the “Fixed Rate Period”),
at an interest rate equal to the 5-year U.S. Dollar Swap Offering Rate as published by the Federal Reserve Board in the Federal Reserve Statistical Release H.15 and reported on Reuters
page ISDAFIX1 three (3) business days prior to the Conversion Date, plus 15 basis points (0.15%) (the “Fixed Rate”). 2 {M1777147_3} Page 306 of 486
As used herein, “Conversion Date” shall mean the date specified by the City in a written notice to the Bank requesting that the interest rate on the Bonds be converted to a fixed rate
pursuant to paragraph (b)(ii), which may be any date not later than one year from the date of issuance of the Bonds (the “Anniversary Date”). Such notice shall be delivered to the Bank
not later than 5 business days prior to the requested Conversion Date. If the City has not made such request by the Anniversary Date, then the Anniversary Date shall be the Conversion
Date. 1 2 3 4 5 6 7 8 9 10 Interest on the Bonds shall be computed on the basis of a 360-day year consisting of twelve (12) thirty-day months. Adjustment of Interest Rate For Full Taxability.
In the event a Determination of Taxability shall have occurred during the Variable Rate Period, the rate of interest on the Bonds shall be increased to a rate per annum equal to 1.5625
times (the LIBOR Rate plus 0.50%) (the “Variable Rate Taxable Rate”), and in the event a Determination of Taxability shall have occurred during the Fixed Rate Period, the rate of interest
on the Bonds shall be increased to 1.5625 times the Fixed Rate (the “Fixed Rate Taxable Rate”), effective retroactively to the date on which the interest payable on the Bonds is includable
for federal income tax purposes in the gross income of the Owners thereof. In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount
equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a
result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the City on the first day of the succeeding calendar
quarter following the Determination of Taxability. A “Determination of Taxability” shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or
other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which
notice or notification is not contested by either the City or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds
is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non-appealable or is not appealed within the requisite
time period for appeal, or (iii) the admission in writing by the City to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners
thereof. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Bonds during any
period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during
such period by an amount equal to: (A-B) x C where: 35 36 37 38 39 40 41 42 43 44 45 46 (a) A equals the Variable Rate Taxable Rate or the Fixed Rate Taxable Rate, as applicable (expressed
as a percentage); (b) B equals the interest rate on the Bonds (expressed as a percentage); and (c) C equals the portion of the Bonds the interest on which has become taxable as the result
of such tax change (expressed as a decimal). 3 {M1777147_3} Page 307 of 486
1 2 3 4 5 6 7 8 In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties,
and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability. All such additional
interest, additions to tax, penalties and interest shall be paid by the City on the first day of the succeeding calendar quarter following the Determination of Taxability. Adjustment
of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the “Maximum Corporate Tax Rate”) during any period with
respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the interest rate on the Bonds that are bearing interest
on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals
the Maximum Corporate Tax Rate in effect as of the date of adjustment and (B) equals Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. 9 10 11 12 13 14
15 16 17 Adjustment of Interest Rate for Other Changes Affecting After-Tax Yield. So long as any portion of the principal amount of the Bonds or interest thereon remains unpaid (a) if
any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes
a reduction in yield on the Bonds (other than by reason of a change described above) to the Owners or any former Owners of the Bonds, including without limitation the imposition of any
excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income
tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reasons of change described above or by reason of any action or failure to act on the part of
any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the City shall reimburse any such Owner within five (5) days after receipt by the City of written
demand for such payment, and the City agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change. 18 19 20 21 22 23 24 25 26 27 28
29 30 31 32 Adjustment of Interest Rate Upon an Event of Default. If an “event of default” occurs under Section 19 of this Resolution, the interest rate on the Bonds shall immediately
be adjusted to a rate equal to the rate on the Bonds, plus three percent (3%). 33 34 35 36 37 (c) Prepayment Provisions 38 (i) Mandatory Prepayment. The principal of the Bonds shall
be subject to mandatory prepayment in annual installments on each February 1, commencing February 1, 2011 (each a “Scheduled Due Date”). The schedule of principal and interest payments
due on each Scheduled Due Date shall be determined on the first day of the Fixed Rate Period (as determined in Section 3(b)(ii) hereof). The schedule shall be determined by the Owners
and provided to the City based upon the Fixed Rate and an amortization schedule of substantially level payments of principal and interest, with payments of principal and interest sufficient
to fully amortize so much of 39 40 41 42 43 44 45 46 4 {M1777147_3} Page 308 of 486
the principal amount of the Bonds as is outstanding on the first day of the Fixed Rate Period, with the final payment due and payable on February 1, 2014. 1 2 3 (ii) Optional Prepayment.
The Bonds are subject to optional prepayment as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) during the Variable Rate Period, the Bonds are subject to prepayment
in whole or in part at any time at a price of par plus accrued interest to the date of prepayment, upon written notice to the registered Owners thereof given by the City at least five
(5) days prior to the date fixed for prepayment; and (B) during the Fixed Rate Period, the Bonds are subject to prepayment in whole or in part at any time at a price of par, plus accrued
interest to the date of prepayment, plus a premium equal to the “Prepayment Penalty” described in Exhibit “A” attached hereto, upon written notice to the Owners thereof given by the
City at least five (5) days prior to the date fixed for prepayment. Partial prepayments shall be applied in inverse order of the maturity of principal installments. In the event that
there is more than one Owner of the Bonds, (A) each Bond shall be redeemed pro rata, and (B) the City shall give notice to each Owner of the Bonds at least three (3) days prior to the
date of redemption of the amount of each Bond to be redeemed. SECTION 4. EXECUTION OF BONDS: The Bonds shall be signed in the name of the City by the Mayor and attested to by the City
Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The signatures of the Mayor and the City Clerk on the Bonds may be manual or facsimile signatures, provided
that the signature of one of such officers shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such
officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be
issued as if the person who signed and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and sealed on behalf of the City by such person as at the actual
time of
the execution of such Bonds shall hold the proper office, although at the date of issuance of such Bonds such person may not have held such office or may not have been so authorized.
25 26 27 28 29 30 31 32 33 34 35 36 37 SECTION 5. NEGOTIABILITY, REGISTRATION AND CANCELLATION: The City shall serve as Registrar and as such shall keep books for the registration of
Bonds and for the registration of transfers of Bonds. Bonds may be transferred or exchanged upon the registration books kept by the City, upon delivery to the City, together with written
instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the City and with guaranty of signatures satisfactory to the City, along with the social
security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the
settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. Bonds may be exchanged for one or more 38 39 40 41 42 43 44 45 46 5 {M1777147_3} Page 309 of
486
Bonds of the same aggregate principal amount and maturity and in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal
balance). No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the City. 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 The City may deem and treat the person in whose name any Bond shall be registered upon the books kept by the City as the absolute Owner of such Bond, whether
such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due and for all other purposes.
All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
In all cases in which Bonds are transferred or exchanged in accordance with this Section, the City shall execute and deliver Bonds in accordance with the provisions of this Resolution.
All Bonds surrendered in any such exchanges or transfers shall forthwith be canceled by the City. There shall be no charge for any such exchange or transfer of Bonds, but the City may
require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The City shall not be required
to transfer or exchange Bonds for a period of fifteen (15) days next preceding an interest payment date on such Bonds. All Bonds, the principal and interest of which has been paid, either
at or prior to maturity, shall be delivered to the City when such payment is made, and shall thereupon be canceled. In case part but not all of an outstanding Bond shall be prepaid,
such Bond shall not be surrendered in exchange for a new Bond, but the City shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books.
The Bond so redesignated shall have the remaining principal as provided on such registration books and shall be deemed to have been issued in the denomination of the outstanding principal
balance, which shall be an authorized denomination. SECTION 6. BONDS MUTILATED, DESTROYED, STOLEN OR LOST: In case any Bond shall become mutilated or be destroyed, stolen or lost, the
City may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution
for such mutilated Bond upon surrender of such mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon
the Owner furnishing the City proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations
and conditions as the City may prescribe and paying such expenses as the City may incur. The City City shall cancel all mutilated Bonds that are surrendered. If any mutilated, destroyed,
lost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the City may pay the principal of and interest on such Bond upon the Owner complying
with the requirements of this paragraph. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Any such duplicate Bonds issued pursuant to this section shall constitute original contractual obligations
of the City whether or not the lost, stolen or destroyed Bonds be at any 6 {M1777147_3} Page 310 of 486
time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter
pledged, to the extent as all other Bonds issued hereunder. 1 2 3 4 SECTION 7. FORM OF BONDS: The text of the Bonds shall be of substantially the following tenor, with such omissions,
insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 No. RUNITED STATES OF AMERICA STATE OF FLORIDA CITY OF MIAMI GARDENS EQUIPMENT ACQUISITION REVENUE BOND SERIES 2009 Registered Owner: Principal
Amount: The lesser of (i) $2,000,000 or (ii) the Advances made under the Resolution (as hereinafter defined) KNOW ALL MEN BY THESE PRESENTS, that the City of Miami Gardens, Florida (the
“City”), for value received, hereby promises to pay in installments to the Registered Owner shown above, or registered assigns, on the dates set forth below, the Principal Amount specified
above or so much thereof as has been advanced and is outstanding. Subject to the rights of prior prepayment and amortization described in this Bond, this Bond shall mature on February
1, 2014. This Bond is issued under authority of and is full compliance with the Constitution and laws of the State of Florida, including particularly Part II of Chapter 166, Florida
Statutes, as amended, the Charter of the City, Ordinance No. 2009-_____ duly adopted by the City Council of the City on January 28, 2009, and Resolution No. 2009-___ duly adopted by
the City Council of the City on January 28, 2009 (the “Bond Resolution”), and is subject to the terms of the Bond Resolution. This Bond is issued for the purpose of financing or reimbursing
a portion of the costs of purchasing vehicles, equipment and machinery for various City departments, and paying costs of issuance of the Bonds. Subject to adjustment as provided below,
this Bond shall bear interest on the outstanding principal balance from its date of issuance payable annually on each February 1 (the “Interest Payment Dates”), commencing February 1,
2010, as follows: (a) from the date of delivery of the Bonds until the Conversion Date (as defined below) (the “Variable Rate Period”) at an interest rate equal to the one-month LIBOR
as shown on the Telerate System, page 3750 (the “LIBOR Rate”), adjusted monthly on the first day of each month (the “Reset Date”), plus 50 basis points (0.50%). The initial LIBOR Rate
shall be based on the LIBOR Rate determined two (2) business days prior to the delivery date of the Bonds and each reset LIBOR Rate shall be based on 7 {M1777147_3} Page 311 of 486
1 the LIBOR Rate determined two (2) business days prior to each Reset Date; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (b) from the date following the Conversion Date until the
maturity date of the Bonds (the “Fixed Rate Period”), at an interest rate equal to the 5-year U.S. Dollar Swap Offering Rate as of the Conversion Date, as published by the Federal Reserve
Board in the Federal Reserve Statistical Release H.15 and reported on Reuters page ISDAFIX1 three (3) business days prior to the Conversion Date, plus 15 basis points (0.15%) (the “Fixed
Rate”). As used herein, “Conversion Date” shall mean the date specified by the City in a written notice to the Bank requesting that the interest rate on the Bonds be converted to a fixed
rate pursuant to paragraph (b), which may be any date not later than one year from the date of issuance of the Bonds (the “Anniversary Date”). Such notice shall be delivered to the Bank
not later than 5 business days prior to the requested Conversion Date. If the City has not not made such request by the Anniversary Date, then the Anniversary Date shall be the Conversion
Date. Interest on this Bond shall be computed on the basis of a 360-day year consisting of twelve (12) thirty-day months. Adjustment of Interest Rate For Full Taxability. In the event
a Determination of Taxability shall have occurred during the Variable Rate Period, the rate of interest on the Bonds shall be increased to a rate per annum equal to 1.5625 times (the
LIBOR Rate plus 0.50%) (the “Variable Rate Taxable Rate”), and in the event a Determination of Taxability shall have occurred during the Fixed Rate Period, the rate of interest on the
Bonds shall be increased to 1.5625 times the Fixed Rate (the “Fixed Rate Taxable Rate”), effective retroactively to the date on which the interest payable on the Bonds is includable
for federal income tax purposes in the gross income of the Owners thereof. In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount
equal equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds
as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the City on the first day of the succeeding calendar
quarter following the Determination of Taxability. A “Determination of Taxability” shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or
other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which
notice or notification is not contested by either the City or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds
is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non-appealable or is not appealed within the requisite
time period for appeal, or (iii) the admission in writing by the City to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners
thereof. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Bonds during any
period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased 44 45 46
8 {M1777147_3} Page 312 of 486
1 during such period by an amount equal to: (A-B) x C where: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (a) A equals the Variable Rate Taxable Rate or the Fixed Rate Taxable Rate, as
applicable (expressed as a percentage); (b) B equals the interest rate on the Bonds (expressed as a percentage); and (c) C equals the portion of the Bonds the interest on which has become
taxable as the result of such tax change (expressed as a decimal). In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal
to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result
of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the City on the first day of the succeeding calendar quarter
following the Determination of Taxability. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the
“Maximum Corporate Tax Rate”) during any period with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the
interest rate on the Bonds that are bearing interest on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a
fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and (B) equals Maximum Corporate Tax Rate in effect immediately
prior to the date of adjustment. 19 20 21 22 23 24 25 26 27 Adjustment of Interest Rate for Other Changes Affecting After-Tax Yield. So long as any portion of the principal amount of
the Bonds or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the
basis of taxation of interest on the Bonds or causes a reduction in yield on the Bonds (other than by reason of a change described above) to the Owners or any former Owners of the Bonds,
including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental agency, any payment is required to
be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reasons of change described above or by reason
of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the City shall reimburse any such Owner within five
(5) days after receipt by the City of written demand for such payment, and the City agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any
such change. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Adjustment of Interest Rate Upon an Event of Default. If If an “event of default” occurs under Section 19 of the Bond Resolution,
the interest rate on the Bonds shall immediately be adjusted to a rate equal to the rate on the Bonds, plus three percent (3%). 43 44 45 46 9 {M1777147_3} Page 313 of 486
1 Prepayment Provisions 2 3 Mandatory Prepayment 4 5 6 7 8 9 10 11 12 13 14 15 The principal of this Bond shall be subject to mandatory prepayment in annual installments on each February
1, commencing February 1, 2011 (each a “Scheduled Due Date”). The schedule of principal and interest payments due on each Scheduled Due Date shall be determined by the Owners and provided
to the City on the first day of the Fixed Rate Period (as determined in Section 3(b)(ii) of the Bond Resolution). The schedule shall be determined based upon the Fixed Rate and an amortization
schedule of substantially level payments of principal and interest, with payments of principal and interest sufficient to fully amortize so much of the principal amount of the Bonds
as is outstanding on the first day of the Fixed Rate Period, with the final payment due and payable on February 1, 2014. 16 Optional Prepayment. This Bond is subject to optional prepayment
as follows: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 40 41 42 43 44 45 46 (a) during the Variable Rate Period, this Bond is subject to prepayment in whole
or in part at any time at a price of par plus accrued interest to the date of prepayment, upon written notice to the registered Owner hereof given by the City at least five (5) days
prior to the date fixed for prepayment; and (b) during the Fixed Rate Period, this Bond is subject to prepayment in whole or in part at any time at a price of par, plus accrued interest
to the date of prepayment, plus a premium equal to the “Prepayment Penalty” described in Exhibit “A” attached hereto, upon written notice to the Owners thereof given by the City at least
five (5) days prior to the date fixed for prepayment. Partial prepayments shall be applied in inverse order of the maturity of principal installments. In the event that there is more
than one Owner of the Bonds, (i) each Bond shall be redeemed pro rata, and (ii) the City shall give notice to each Owner of the Bonds at least three (3) days prior to the date of redemption
of the amount of each Bond to be redeemed. In case part but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond, but the City
shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated shall have the remaining principal as provided
on such registration books and shall be deemed to have been issued in the denomination of the outstanding principal balance, which shall be an authorized denomination. The principal
of and interest on this Bond are payable in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered
Owner or his legal representative at the address of the Owner as it appears on the 10 {M1777147_3} Page 314 of 486
1 registration books of the City. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 This Bond and the interest
hereon are secured by (i) the portion of the proceeds of the Local Government Half-Cent Sales Tax as defined in and received by the City under Part VI, Chapter 218, Florida Statutes
(the “Local Government Half-Cent Sales Tax Revenues”) and by (ii) proceeds of the Communication Services Tax as defined in and received by the City under Chapter 202, Florida Statutes
(the “Communication Services Tax Revenues”). The Bonds are on a parity, with respect to the lien on the Local Government Half-Cent Sales Tax Revenues and the Communication Services Tax
Revenues, with the City’s outstanding $4,700,000 Equipment Acquisition Revenue Bonds, Series 2008, $14,400,000 Land Acquisition and Improvement Revenue Bonds, Series 2007, $2,500,000
Capital Improvement Revenue Bonds, Series 2005, and $7,500,000 Land Acquisition Revenue Bonds, Series 2005. Reference is hereby made to the Resolution for the provisions, among others,
relating to the terms, lien and security of the Bonds, the custody and application of the proceeds of the Bonds, the rights and remedies of the Registered Owners of the Bonds, and the
extent of and limitations on the City’s rights, duties and obligations, to all of which provisions the Registered Owner hereof for himself and his successors in interest assents by acceptance
of this Bond. THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE CITY OR A PLEDGE OF THE FAITH AND CREDIT OF THE CITY, BUT SHALL BE PAYABLE EXCLUSIVELY BY THE COMMUNICATION
SERVICES TAX REVENUES AND THE LOCAL GOVERNMENT HALF-CENT SALES TAX REVENUES OF THE CITY, AS DEFINED HEREIN. THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY
OBLIGATE THE CITY TO LEVY OR TO PLEDGE ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY
OF THE CITY, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION. The original registered Owner, and each successive registered Owner of this Bond
shall be conclusively deemed to have agreed and consented to the following terms and conditions: 1. The City shall keep books for the registration of Bonds and for the registration of
transfers of Bonds as provided in the Resolution. Bonds may be transferred or exchanged upon the registration books kept by the City, upon delivery to the City, together with written
instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the City and with guaranty of signatures satisfactory to the City, along with the social
security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the
settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. The Bonds may be exchanged for Bonds of the same principal amount and maturity and denominations
in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered
on the registration books maintained by the City. 11 {M1777147_3} Page 315 of 486
2. The City may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute Owner of such Bond, whether such Bond shall be overdue
or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due, and for all other purposes. All such payments so made
to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 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 3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the City shall execute and deliver
bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the City may require payment of a sum sufficient to
pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The City shall not be required to transfer or exchange Bonds for a period
of fifteen (15) days next preceding an interest payment date on such Bonds. 4. All Bonds, the principal of which has been paid, either at or prior to maturity, shall be delivered to
the City when such payment is made, and shall thereupon be canceled. In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange
for a new Bond. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance of this Bond
have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Florida applicable thereto. IN WITNESS WHEREOF,
the City of Miami Gardens, Florida has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its City Clerk, and the Seal of the City of Miami Gardens,
Florida or a facsimile thereof to be affixed hereto or imprinted or 30 reproduced hereon, all as of the day of ____, 2009. 31 32 33 CITY OF MIAMI GARDENS, FLORIDA 34 35 36 Mayor 37 38
39 40 City Clerk (SEAL) 12 {M1777147_3} Page 316 of 486
1 ASSIGNMENT 2 FOR VALUE RECEIVED, the undersigned (the “Transferor”), hereby sells, assigns and transfers unto 3 (Please insert name and Social Security or Federal Employer identification
number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints 4 5 (the “Transferee”) as attorney to register the transfer of the within
Bond on the books kept for registration thereof, with full power of substitution in the premises. 6 7 8 9 10 Date 11 12 13 Signature Guaranteed: Social Security Number of Assignee 14
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE:
No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the
face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee
is supplied. The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable
laws or regulations: TEN COM -as tenants in common ______________________________(Cust.) 32 Custodian for , 33 34 (Minor) TEN ENT -as tenants by under Uniform Gifts to Minors 35 the
entirety Act of 36 37 38 39 40 41 42 (State) JT TEN -as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in
the list above. 13 {M1777147_3} Page 317 of 486
1 SECTION 8. PLEDGE OF REVENUES: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (a) The City hereby pledges, assigns and grants
a security interest to the Bondholders in the Local Government Half-Cent Sales Tax Revenues and in the Communication Services Tax Revenues in order to secure the principal of and interest
on the Bonds. The City covenants that for so long as the Bonds are secured by the Local Government Half-Cent Sales Tax Revenues it shall take all necessary steps to qualify to continue
to receive the Local Government Half-Cent Sales Tax Revenues as provided for in Part VI, Chapter 218, Florida Statutes. The City covenants that for so long as the Bonds are secured by
the Communication Services Tax Revenues it shall take all necessary steps to qualify to continue to receive the Communication Services Tax Revenues as provided for in Chapter 202, Florida
Statutes. The City represents and warrants to the Bondholders that there are no other obligations of the City currently outstanding secured by the Local Government Half-Cent Sales Tax
Revenues or the Communication Services Tax Revenues, other than the City’s outstanding $4,700,000 Equipment Acquisition Revenue Bonds, Series 2008, $14,400,000 Land Acquisition and Improvement
Revenue Bonds, Series 2007, $2,500,000 Capital Improvement Revenue Bonds, Series 2005, and $7,500,000 Land Acquisition Revenue Bonds, Series 2005 (collectively, the “Parity Bonds”),
the lien of which is and shall be on a parity with the lien on such revenues for the benefit of the Bonds. (b) As used in this Resolution, (i) the term “Local Government Half-Cent Sales
Tax Revenues” means the portion of the proceeds of the Local Government Half-Cent Sales Tax as defined in and received by the City under Part VI, Chapter 218, Florida Statutes, (ii)
the term “Communication Services Tax Revenues” means proceeds of the Communication Services Tax as defined in and received by the City under Chapter 202, Florida Statutes, and (iii)
the term “Pledged Revenues” means the Communication Services Tax Revenues, and the Local Government Half-Cent Sales Tax Revenues. (c) Calculations of Pledged Revenues will be based on
information derived from the most recently audited fiscal year end financial statements. For purposes of calculating Maximum Annual Debt Service, the interest rate to be assumed for
indebtedness bearing interest at a variable rate shall be equal the higher of seven percent (7%) per annum or the actual rate of interest paid by the City with respect to such indebtedness
during the month preceding the date of calculation, and such indebtedness shall be assumed to be fully funded. In addition, for purposes of calculating Maximum Annual Debt Service, the
$2,500,000 Capital Improvement Revenue Bonds, Series 2005, shall be assumed to amortize over a three (3) year period and the Bonds shall be assumed to amortize over a four (4) year period.
SECTION 9. BOND FUND: There is hereby created a fund, entitled “City of Miami Gardens, Florida Equipment Acquisition Revenue Bonds, Series 2009 Bond Fund” (the “Bond Fund”). There shall
be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Pledged Revenues as specified in Section 8 hereof which, together with the amounts already on deposit
therein, will enable the City to pay the principal of and interest on the Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest Payment Date
to the payment of principal of and interest on the Bonds coming due on each such date. 39 40 41 42 43 44 45 46 14 {M1777147_3} Page 318 of 486
SECTION 10. SWAP AGREEMENTS: The City is authorized to enter into a swap agreement with the Bondholders or with another party with the consent of the Bondholders for the purpose of effectively
lowering or fixing the interest rate on the Bonds for any period of time. For purposes of depositing sufficient moneys into the Bond Fund to pay principal and interest on the Bonds pursuant
to Section 9 hereof, and for purpose of the calculations specified in Section 17(b) hereof, (i) any payments due under such swap agreement shall be considered to be the equivalent of
debt service payments on the Bonds, and Pledged Revenues shall be set aside in each fiscal year in an amount at least equal to the greater of (x) the payments due under the swap agreement
in such fiscal year or (y) the debt service payments due on the Bonds in such fiscal year, in order to make all such payments, and (ii) any payments actually received by the City under
the swap agreement may be taken into account and, upon receipt, shall be deposited into the Bond Fund. 1 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 11. INVESTMENT OF BOND FUND: Subject to Section
14 hereof, funds in the Bond Fund may be invested in the following investments, maturing at or before the time such funds may be needed to pay principal of or interest on Bonds, to the
extent such investments are legal for investment of municipal funds (“Authorized Investments”): 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42
43 44 45 46 (a) The Local Government Surplus Funds Trust Fund; (b) Negotiable direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed
by, the United States Government at the then prevailing market price for such securities; (c) Interest-bearing time deposits or savings accounts in banks organized under the laws of
the State of Florida (the “State”), in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which
are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits
are secured by collateral as may be prescribed by law; (d) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage
Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (e) Obligations
of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage passthrough certificates guaranteed by the Federal
National Mortgage Association; (f) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment
Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States Government
obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or 15 {M1777147_3} Page 319 of 486
investment trust takes delivery of such collateral either directly or through an authorized custodian; or 1 2 3 4 5 6 (g) Any other investments that at the time are legal investments
for municipal funds. 7 SECTION 12. ADVANCES AND APPLICATION OF BOND PROCEEDS: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 44 45 46 (a)
The proceeds of the Bonds shall be disbursed by the Bank by making Advances (as defined below) from time to time in an aggregate principal amount not exceeding $2,000,000, provided that
no Advance shall be made after the Anniversary Date. Each draw shall be for a minimum amount of $50,000 and only one draw may be made during any calendar month. (b) The City may request
an Advance by delivering to the Bank at least three Business Days (as defined below) prior to the date on which the Advance is requested to be funded a written request signed by either
the Mayor, the City Manager or the Finance Director of the City (each such request, a “Notice of Advance”) (i) specifying the Business Day on which the funding of the Advance is requested;
(ii) specifying the amount of the Advance requested; (iii) stating that to the best of the signer’s knowledge, no event of default under the Resolution has occurred and is continuing
(which has not been cured or waived) and no event which, with the giving of notice or the passage of time or both would constitute an event of default, has occurred and is continuing.
(c) Upon receipt of a Notice of Advance, the Bank shall fund the Advance requested prior to 11:00 a.m. on the later of the third succeeding Business Day or the date such Advance is requested
to be funded. On the date the Advance is to be funded, the Bank shall make available the amount of the Advance requested in immediately available funds. (d) A Notice of Advance may be
revoked by the City upon delivery of a written notice delivered to the Bank not later than 9:00 a.m. on the date the proposed Advance is to be funded. (e) For purposes of this Section
12, “Advance” shall mean an advance of the Bond proceeds by the Bank to the City, and “Business Day” shall mean any date other than a Saturday, Sunday or other day on which the Bank
is lawfully closed. (f) Sufficient proceeds received from the first Advance on the date of 39 issuance of the Bonds shall be applied to pay costs of issuance of the Bonds. All other
proceeds 40 received from the first Advance, as well as proceeds received from all subsequent Advances, 41 shall be deposited in the “City of Miami Gardens Equipment Acquisition Revenue
Bonds, Series 42 2009 Project Fund” (the “Project Fund”), hereby created, and used only for the costs of the 43 Project, with no further approval of the City Council necessary for any
such Advance. (g) Pending their use, the proceeds in the Project Fund may be invested in Authorized Investments, maturing not later than the date or dates on which such proceeds will
be 16 {M1777147_3} Page 320 of 486
needed for the purposes of this Bond Resolution. Subject to Section 14 hereof, any income received upon such investment shall be deposited in the Project Fund and applied to costs of
the Project or, at the option of the City, deposited in the Bond Fund and used to pay interest on the Bonds until completion of the Project. Subject to Section 14 hereof, after the completion
of the Project, any remaining balance of proceeds of the Bonds shall be deposited into the Bond Fund and used solely to pay interest on the Bonds. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 (h) The Project Fund shall be kept separate and apart from all other funds of the City and the moneys on deposit therein shall be withdrawn, used and applied by the City
solely for the purposes set forth herein. Pending such application, the Project Fund shall be subject to the lien of the Owners of the Bonds for the payment of the principal of and interest
on the Bonds. (i) The registered Owners shall have no responsibility for the use of the proceeds of the Bonds, and the use of such Bond proceeds by the City shall in no way affect the
rights of such registered Owners. The City shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project. However, the City shall be irrevocably obligated
to continue to pay the principal of and interest on the Bonds notwithstanding any failure of the City to use and apply such Bond proceeds in the manner provided herein. SECTION 13. FUNDS:
Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively. The money in such
funds and accounts shall be continuously secured in the same manner as deposits of City funds are authorized to be secured by the laws of the State of Florida. Except as otherwise provided
in Section 12 hereof, earnings on any investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account.
21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 The designation and establishment of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment
of any completely independent, self-balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of
certain revenues and assets of the City for the purposes herein provided and to establish certain priorities for application of such revenues and assets. SECTION 14. INVESTMENTS AND
USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986: The City covenants to the Owners of the Bonds that it will take all actions and do all things necessary and desirable in
order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from taking any actions that would cause interest on the
Bonds to be included in gross income for federal income tax purposes. In particular, the City will will not make or direct the making of any investment or other use of the proceeds of
the Bonds which would cause such Bonds to be “private activity bonds” as that term is defined in Section 141 (or any successor provision thereto) of the Code or “arbitrage bonds” as
that term is defined in Section 148 (or any successor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable
requirements of Sections 141 and 148 of the Code and the 36 37 38 39 40 41 42 43 44 45 46 17 {M1777147_3} Page 321 of 486
1 aforementioned regulations throughout the term of the Bonds. 2 SECTION 15. DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE: The City hereby designates the Bonds as qualified tax-exempt
obligations under Section 265(b)(3) of the Code, and shall make all necessary filings in order to effectuate such election. The City represents that neither the City nor any subordinate
entities or entities issuing tax-exempt obligations on behalf of the City within the meaning of Section 265(b)(3) of the Code have issued tax-exempt obligations during calendar year
2009 and neither the City nor any such entities expect to issue tax-exempt obligations during calendar year 2009, other than the Bonds. 3 4 5 6 7 8 9 10 SECTION 16. ARBITRAGE REBATE
COVENANTS: There is hereby created and established a fund to be held by the City, designated the “City of Miami Gardens Equipment Acquisition Revenue Bonds, Series 2009 Rebate Fund”
(the “Rebate Fund”). The Rebate Fund shall be held by the City separate and apart from all other funds and accounts held by the City under this Resolution and from all other moneys of
the City. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Notwithstanding anything in this Resolution to the contrary, the City shall transfer to the Rebate Fund the
amounts required to be transferred in order to comply with the Tax Certificate or the Rebate Covenants, if any, attached as an Exhibit to the Tax Certificate to be delivered by the City
on the date of delivery of the Bonds (the “Rebate Covenants”), when such amounts are so required to be transferred. The City Manager shall make or cause to be made payments from the
Rebate Fund of amounts required to be deposited therein to the United States of America in the amounts and at the times required by the Rebate Covenants. The City covenants for the benefit
of the Owners of the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys and securities from time to time held therein and all investment earnings
derived therefrom, shall be excluded from the pledge and lien of this Resolution. The City shall not be required to comply with the requirements of this Section 16 in the event that
the City obtains an opinion of nationally recognized bond counsel that (i) such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds
and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds. SECTION 17. SPECIAL COVENANTS OF THE CITY; ADDITIONAL
BONDS TEST: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (a) The City shall, upon receipt by the City or within two hundred seventy (270) days of each fiscal year end, whichever is sooner,
provide the Owners of the Bonds with a printed copy of its Comprehensive Annual Financial Report, its current year operating budget and its capital improvement plan. The City shall also
provide to the Owners of the Bonds any other financial information reasonably requested by such Owners. (b) The City will not issue any additional obligations secured by the Pledged
Revenues, unless (i) the ratio of the amount of Pledged Revenues collected during each of the preceding two fiscal years of the City divided by the Maximum Annual Debt Service on all
Debt Obligations secured by the Pledged Revenues and on the Debt Obligations proposed to be issued, is at least equal to 1.50, (ii) no Event of Default exists hereunder and (iii) the
other 18 {M1777147_3} Page 322 of 486
covenants of the City contained herein will continue to be met. For purposes of determining compliance with (i) above, the assumptions set forth in Section 8(c) and the definitions set
forth in Section 8(b) of this Resolution shall apply. 1 2 3 4 SECTION 18. COVENANTS BINDING ON CITY AND SUCCESSOR: All covenants, stipulations, obligations and agreements of the City
contained in this Resolution shall be deemed to be covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants,
stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which
any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22 23 24 25 Except as otherwise provided in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or upon the City Council by
the provisions of this Resolution shall be exercised or performed by the City Council or by such officers, board, body or commission as may be required by law to exercise such powers
or to perform such duties. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or
future member of the City Council or officer, agent or employee of the City in his or her individual capacity, and neither the members of the City Council nor any officer, agent or employee
of the City executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 19. EVENTS
OF DEFAULT: Each of the following events is hereby declared an “event of default”: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (a) payment of the principal of any
of the Bonds shall not be made when the same shall become due and payable; or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become
due and payable; or (c) the City shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except
for a default described in subsection (a) or (b) of this Section) on the part of the City to be performed, and such default shall continue for sixty (60) days after written notice specifying
such default and requiring same to be remedied shall have been given to the City by any Owner of any bond; provided that it shall not constitute an event of default if the default is
not one that can be cured within such sixty (60) days, as agreed by the Bondholders and the City, and the City commences within such sixty (60) days and is proceeding diligently with
action to correct such default; (d) any proceeding shall be instituted with the consent of the City for the purpose of effecting a composition between the City and its creditors or for
the purpose of 19 {M1777147_3} Page 323 of 486
adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days after
the institution of the same; or 1 2 3 4 5 6 7 (e) a payment default occurs under any other debt or obligation of the City which is secured by the Pledged Revenues. 8 SECTION 20. REMEDIES;
RIGHTS OF BONDHOLDERS: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (a) Upon the occurrence and continuance of any event of default specified in Section 19(a),
(b) or (e) hereof, the Owners of the Bonds may declare all payments of principal and accrued interest to be immediately due and payable, whereupon the same shall become immediately due
and payable. (b) Upon the occurrence and continuance of any event of default specified in Section 19(c) or (d) hereof, the Owners of the Bonds may pursue any available remedy by suit,
at law or in equity, to enforce the payment of the principal of and interest on the Bonds then outstanding. No delay or omission to exercise any right or power accruing upon any default
or event of default shall impair any such right or power or shall be construed to be a waiver of any such default or event of default or acquiescence therein; and every such right and
power may be exercised from time to time and as often as may be deemed expedient. No waiver of any event of default hereunder shall extend to or shall affect any subsequent event of
default or shall impair any rights or remedies consequent thereon. The City agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employees and agents
from any against any losses, claims, damages, liabilities and expenses (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement
of the provisions of this Resolution and the Bonds. 32 SECTION 21. DEFEASANCE: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (a) The covenants, liens and pledges entered into, created or
imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways. (i) by paying the principal of, prepayment
premium, if any, and interest on the Bonds when the same shall become due and payable; or (ii) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of
the Bonds, which together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the principal,
prepayment premium, if any, and interest due and to 20 {M1777147_3} Page 324 of 486
become due on said Bonds on or prior to the prepayment date or maturity date thereof; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
35 36 37 38 39 40 41 42 43 44 45 46 (iii) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available
therefor, when invested by the escrow agent in direct obligations of the United States of America which shall not be subject to redemption prior to their maturity other than at the option
of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a verification report of an independent certified public accountant or firm of accountants) to pay
when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds on or prior to the prepayment date or maturity date thereof. Upon such payment or
deposit with an escrow agent in the amount and manner provided in this Section 21, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes
of this Resolution and the covenants of the City hereunder and all liability of the City with respect to said Bonds shall cease, terminate and be completely discharged and extinguished
and the holders thereof shall be entitled to payment solely out of the moneys or securities so deposited with the escrow agent; provided, however, that (i) if any Bonds are to be redeemed
prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 3 hereof and (ii) in the event that any Bonds
are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section, the City shall
have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on the registration books of the
City, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with this Section
and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds. (b) Notwithstanding
the foregoing, all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any portion of the Bonds. (c) If any portion of the moneys deposited
with an escrow agent for the payment of the principal of, redemption premium, if any, and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall
transfer to the City the amount of such excess and the City may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing said
Bonds or otherwise existing under this Resolution. (d) Notwithstanding any of the foregoing, the requirements of Sections 14 and 16 hereof relating to use and investment of proceeds
and rebate amounts 21 {M1777147_3} Page 325 of 486
due to the United States pursuant to the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds or any portion thereof. 1 2 3 4 SECTION 22. SALE
OF BONDS: Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the City hereby determines and finds the necessity for a negotiated sale of the
Bonds. The City has been provided all applicable disclosure information required by Section 218.385, Florida Statutes. The negotiated sale of the Bonds is hereby approved to the Bank
at a purchase price of par. 5 6 7 8 9 10 SECTION 23. AUTHORITY OF OFFICERS: The Mayor, the City Manager and the City Clerk are and each of them is hereby authorized and directed to execute
and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transaction contemplated by this
Resolution and the other documents identified herein. 11 12 13 14 15 16 SECTION 24. SEVERABILITY: In case any one or more of the provisions of this Resolution or of any Bonds issued
hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution
and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The Bonds are issued and this Resolution is adopted with the intent
that the laws of the State shall govern their construction. 17 18 19 20 21 22 23 SECTION 25. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS: In any case where the date of maturity of
interest on or principal of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by law (including executive
orders) to close and are closed, then payment of such interest or principal need not be made by the City on such date but may be made on the next succeeding business day on which the
banks in the State are open for business, but such interest shall continue to accrue until payment is received by the Owners of the Bonds. 24 25 26 27 28 29 30 31 SECTION 26. OPEN MEETING
FINDINGS: It is hereby found and determined that all official acts of the City Council concerning and relating to the adoption of this Resolution and all prior resolutions affecting
the City Council’s ability to issue the Bonds were taken in an open meeting of the City Council and that all deliberations of the City Council or any of its committees that resulted
in such official acts were in meetings open to the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. 32 33 34 35 36 37 38 SECTION 27. REPEALING
CLAUSE: All resolutions and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed. 39 40 41 SECTION 28. WAIVER OF JURY TRIAL: To the
extent permitted by applicable law, the City, knowingly, voluntarily and intentionally waives any right it may have have to a trial by jury in respect of any litigation based on, or
arising out of, under or in connection with this Resolution, the Bonds or any agreement contemplated to be executed in connection with this Resolution, or any course of conduct, course
of dealing, statements (whether verbal or written) 42 43 44 45 46 22 {M1777147_3} Page 326 of 486
23 {M1777147_3} 1 2 3 or actions of the City or the Bank with respect hereto. The City acknowledges that this provision is a material inducement to the Bank to purchase the Bonds. SECTION
29. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage and adoption. 4 5 6 7 8 9 10 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. 12 13 14 15 16 17 SHIRLEY GIBSON, MAYOR ATTEST: 18 19 20 21 22 23 RONETTA TAYLOR, MMC, CITY CLERK Prepared by ADORNO & YOSS LLP, Bond
Counsel 24 SPONSORED BY: DANNY O. CREW, CITY MANAGER 25 26 27 28 29 MOVED BY: VOTE: 30 Mayor Shirley Gibson (Yes) (No) 31 Vice Mayor Barbara Watson (Yes) (No) 32 Councilman Melvin L.
Bratton (Yes) (No) 33 Councilman Aaron Campbell, Jr. (Yes) (No) 34 Councilman Oliver Gilbert III (Yes) (No) 35 Councilwoman Sharon Pritchett (Yes) (No) 36 Councilman Andre L. Williams
(Yes) (No) 37 38 39 Page 327 of 486
EXHIBIT “A” PREPAYMENT PENALTY Any applicable prepayment penalty on the Bonds shall be calculated in accordance with the following: “Break Event” means the optional or mandatory prepayment
or acceleration, in whole or in part, of the principal of the Bonds occurring prior to the date such principal would, but for that prepayment or acceleration, have become due (a “Scheduled
Due Date”). For each date on which a Break Event occurs (a “Break Date”), a Breakage Fee shall be due to the owners of the Bonds only if the rate under “A” below exceeds the rate under
“B” below, such Breakage Fee to be determined as follows: Breakage Fee = the Present Value of [(A-B) x C], plus LIBOR Breakage, where: A = A rate per annum equal to the sum of [i] the
bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the
date the Fixed Rate on the Bonds was set (the “Lock -in Date”) plus [ii] the corresponding swap spread of the Bank on the Lock-in Date for fixed rate payor to pay the Bank the fixed
rate side of an interest rate swap of that maturity, plus [iii] 0.25%.; B = A rate per annum equal to the sum [i] the bond equivalent yield (bid side) of the U.S Treasury security with
a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the Break Date, plus [ii] the corresponding swap spread that the Bank determines
another swap dealer would quote to the Bank on the Break Date for paying to the Bank the fixed rate side of an interest rate swap of that maturity; C = The sum of the products of [i]
each Affected Principal Amount for each Affected Principal Period, times [ii] the number of days in the Affected Principal Period divided by 360; "Affected Principal Amount" for an Affected
Principal Period is the principal amount of the Bonds scheduled to be outstanding during that Affected Principal Period
determined as of the relevant Break Date before giving effect to the Break Event on that Break Date, and for any prepayment, multiplying each such principal amount times the Prepayment
Fraction. "Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next succeeding Scheduled Due Date, provided that the first such period
shall begin on and includes the Break Date. “Libor Breakage” is any additional loss, cost or expense that the Bank may incur with respect to any hedge for the Fixed Rate on the Bonds
based on the difference between the London interbank offered rate (for U.S. dollar deposits of the relevant {M1777147_3} Page 328 of 486
2 {M1777147_3} maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and that which is available in that market on
the Break Date. "Maturity Date" is the date on which the final payment of principal of the Bonds would, but for any Break Event, have become due. "Prepayment Fraction" is a fraction
equal to the principal amount being prepaid over the principal amount of the Bonds outstanding immediately prior to that prepayment on the Break Date. “Present Value” is determined as
of the Break Date using “B” above as the discount rate. In addition, a Break Event shall be deemed to occur hereunder if, on any date (“Borrowing Date”) prior to any acceleration of
the Bonds, any advance of principal under the Bonds is scheduled to be made and that advance fails to be made on that Borrowing Date (whether due to the City’s default, the City’s failure
to borrow, the termination of any loan commitment, any unsatisfied condition precedent, or otherwise), in which case that Borrowing Date shall be a Break Date, the Affected Principal
Amount for that Break Event shall be based on the amount of the failed advance, and the City shall on demand pay to the Bank any Breakage Fee due hereunder for that Break Event. Breakage
Fees are payable as liquidated damages, are a reasonable pre-estimate of the losses, costs and expenses Bank would incur in the event of any prepayment or acceleration of the Bonds,
are not a penalty, will not require claim for, or proof of, actual damages, and Bank's determination thereof shall be conclusive and binding in the absence of manifest error. For any
Break Event hereunder, the foregoing Breakage Fee provisions supersede any breakage compensation agreement that City and Bank may have executed with respect to the Bonds. Page 329 of
486
ANALYSIS OF RESPONSES $2 MILLION DEBT PROPOSAL Financial Type of Draw down Bank Attorney Prepayment Institution Facility Amount Security rate Fixed rate fees fees** Penalties 1) Wachovia
Term Loan $ 2,000,000 Half cent sales tax and One month LIBOR+50 basis points 5 year US Dollar Swap Offering +15 basis points% $ 3,500 $ 15,000 Yes Communications Services tax Current:
1.93% Current: 3.26% $7,500 2) TD Equipment Finance Capital Lease $ 2,000,000 Equipment purchased N/A 4.046% $ -$7,500 Yes 3) Colonial Bank Term Loan $ 2,000,000 Half cent sales tax
and One month LIBOR+3% times 64.6% 5 year US Dollar Swap Offering +2% times 64.5% $ 2,500 $ 15,000 None Communications Services tax Current: 2.89% Current: 3.48 $ 7,500 ** Our bond attorney
will charge $15,000 if he prepares the documents or $7,500 if he reviews the documents prepared by the bank. Page 330 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source:
General Fund‐Non Departmental Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Dr. Danny O.
C City Manager rew Department: Finance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE
BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY
DESCRIBED ON EXHIBIT “C” ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR A WAIVER OF
THE COMPETITIVE REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT OF SALE AND PURCHASE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
RESOLUTIONS IN ITEM K-2) RESOLUTION $7.3 Million Acquisition Bond Page 331 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: During the December 10, 2008
Council meeting in, Council was advised of the problem with financing associated with the Warren Henry property. At that meeting Council directed staff to proceed with obtaining various
financing sources on an expedited manner. Due to the time constraints we were working under, staff did not have the time required for a formal “RFP” process and subsequent evaluations
and recommendations. Staff contacted three major institutions in South Florida in order to obtain their proposals for this financing project. Wachovia Bank, Suntrust Bank, and TD Bank/Commercebank
were contacted. The City only received a firm proposal from Wachovia bank, the other two banks did not express an interest in participating in this transaction (see copies of their emails
in Attachment A). The terms from Wachovia provide for a fixed rate of 4.35% for 5 5 years, with the option of prepaying the loan after 2 years with no penalty. At the end of five years,
if the land had not been purchased by Warren Henry, the City will need to re‐finance this debt to a long term instrument. Recommendation: Staff requests that Council waive the formal
bid process and approve the commitment letter provided by Wachovia Bank for this financing arrangement. Attachment: Attachment A‐Copy of email responses from three institutions Attachment
B‐Commitment letter from Wachovia Bank Attachment C‐Legal Description Page 332 of 486
1 RESOLUTION NO. 2009-_______ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING SEVEN MILLION THREE
HUNDRED THOUSAND DOLLARS ($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY DESCRIBED ON EXHIBIT “C” ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF
THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR A WAIVER OF THE COMPETITIVE REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; PROVIDING
FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT OF SALE AND PURCHASE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE. WHEREAS, as part of its economic development activities and in order to foster economic growth in the enterprise zone, the City of Miami Gardens, Florida (the “City”) desires to
purchase certain property described on Exhibit “C” attached hereto (the “Property”) from Warren Henry Acquisitions, LLC (the “Company”) to use for economic development purposes pursuant
to an Agreement of Sale and Purchase (the “Purchase Agreement”) between the City and the Company, and WHEREAS, on January 28, 2009, the City Council (the “Council”) of the City adopted
Ordinance No. 2009-_____ (the “Ordinance”), authorizing the issuance of Taxable Land Acquisition Revenue Bonds in an aggregate principal amount of not exceeding Seven Million Three Hundred
Thousand Dollars ($7,300,000) for the purpose of financing the costs of purchasing the Property (the “Project”) and paying costs of issuance of the Bonds, and WHEREAS, due to the time
constraints associated with the nature of the transaction, City staff was not able to follow the competitive requirements of the Purchasing Ordinance, but in fact contacted three banking
institutions regarding this transaction, and {M1777306_3} Page 333 of 486
WHEREAS, the City Manager is recommending that the City Council waive the competitive requirements of the City’s Purchasing Ordinance and contract with Wachovia Bank for this purpose,
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the Council has determined that it is in the best interest of the City and its citizens to accept a commitment (the “Commitment”) from Wachovia
Bank, National Association (the “Bank”) to purchase the Bonds, and WHEREAS, the Council desires to set forth the details of the Bonds in this Bond Resolution, 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 Clauses are hereby ratified and confirmed as being
true, and the same are hereby made a specific part of this Resolution. 16 17 18 19 SECTION 2. AUTHORIZATION OF BONDS: Pursuant to the provisions of this Resolution, taxable revenue bonds
of the City to be designated “City of Miami Gardens, Florida, Taxable Land Acquisition Revenue Bonds, Series 2009” (the “Bonds”), are hereby authorized to be issued in an aggregate principal
amount not to exceed Seven Million Three Hundred Thousand Dollars ($7,300,000) for the purpose of financing the costs of the Project and paying costs of issuance of the Bonds. 20 21
22 23 24 25 26 27 SECTION 3. TERMS OF THE BONDS: 28 (a) General Provisions. The Bonds shall be issued in fully registered form without coupons. The principal of and interest on the Bonds
shall be payable when due in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owners of the
Bonds (“Owners”) or their legal representatives at the addresses of the Owners as they appear on the registration books of the City. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45
46 The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond in a denomination, not to exceed $7,300,000, as shall be determined by the
the Mayor, after consultation with the City Manager, based on the final purchase price of the Property that is negotiated with the Company. The execution and delivery of the Bonds by
the Mayor shall be conclusive evidence of such officer’s determination of the final principal amount of the Bonds. The Bonds shall mature on February 1, 2014 (the “Maturity Date”). THE
BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE CITY OR A PLEDGE OF THE FAITH AND CREDIT OF THE CITY, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE PLEDGED REVENUES, AS DEFINED
IN THIS RESOLUTION. THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE CITY TO LEVY OR TO PLEDGE 2 {M1777306_3} Page 334 of 486
ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR, NOR SHALL THE BONDS CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE CITY, AND THE HOLDERS OF
THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION. 1 2 3 4 5 (b) Interest Rate. Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding
principal balance from their date of issuance payable semiannually on each February 1 and August 1 (the “Interest Payment Dates”), commencing August 1, 2009, at an interest rate equal
to the 5 year U.S. Dollar Swap Offering Rate (the “Index Rate”), determined as of three business days prior to the date of issuance of the Bonds, plus 225 basis points (2.25%) (the “Fixed
Rate”). The “Index Rate” is currently published at the website: http://federalreserve.gov/releases/h15/current/. 6 7 8 9 10 11 12 13 14 15 16 Interest on the Bonds shall be computed
on the basis of a 360-day year consisting of twelve (12) thirty-day months. Adjustment of Interest Rate Upon an Event of Default. If an “event of default” occurs under Section 19 of
this Resolution, the interest rate on the Bonds shall immediately be adjusted to a rate equal to the rate on the Bonds, plus three percent (3%). 17 18 19 20 21 (c) Prepayment Provisions
22 (i) Mandatory Prepayment. The principal of the Bonds shall be subject to mandatory prepayment in annual installments on each February 1, commencing February 1, 2010 (each a “Scheduled
Due Date”). The schedule of principal and interest payments due on each Scheduled Due Date shall be determined by the Bank three business days prior to the date of issuance of the Bonds,
based upon the Fixed Rate and a twenty (20) year amortization schedule of substantially level payments of principal and interest, with the final payment due in full on the Maturity Date.
23 24 25 26 27 28 29 30 (ii) Optional Prepayment. The Bonds are subject to optional prepayment as follows: 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (A) from the date of issuance
of the Bonds to but not including the date that is two years after the date of issuance of the Bonds (the “Second Anniversary Date”), the Bonds are subject to prepayment in whole but
not in part at any time at a price of par, plus accrued interest to the date of prepayment, plus a premium equal to the “Prepayment Penalty” described in Exhibit “A” attached hereto,
upon written notice to the Owners thereof given by the City at least five (5) days prior to the date fixed for prepayment, and (B) the Bonds are subject to prepayment in whole but not
in part on the Second Anniversary Date and on any Interest Payment Date thereafter at a price of par plus accrued interest to the date of prepayment, upon written notice to the registered
Owners thereof given by the City at least five (5) days prior to the date fixed for prepayment;. 3 {M1777306_3} Page 335 of 486
1 SECTION 4. EXECUTION OF BONDS: The Bonds shall be signed in the name of the City by the Mayor and attested to by the City Clerk, and its seal shall be affixed thereto or imprinted
or reproduced thereon. The signatures of the Mayor and the City Clerk on the Bonds may be manual or facsimile signatures, provided that the signature of one of such officers shall be
a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the City before the Bonds so signed and
sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed and sealed such
Bonds had not ceased to hold such office. Any Bonds may be signed and sealed on behalf of the City by such person as at the actual time of the execution of such Bonds shall hold the
proper office, although at the date of issuance of such Bonds such person may not have held such office or may not have been so authorized. 2 3 4 5 6 7 8 9 10 11 12 13 14 SECTION 5.
NEGOTIABILITY, REGISTRATION AND CANCELLATION: The City shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds.
Bonds may be transferred or exchanged upon the registration books kept by the City, upon delivery to the City, together with written instructions as to the details of the transfer or
exchange, of such Bonds in form satisfactory to the City and with guaranty of signatures satisfactory to the City, along with the social security number or federal employer identification
number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date
of the trust and the name of the trustee. Bonds may be exchanged for one or more Bonds of the same aggregate principal amount and maturity and in denominations in integral multiples
of $250,000 (except that an an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered on the registration
books maintained by the City. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The City may deem and treat the person in whose name any
Bond shall be registered upon the books kept by the City as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Bond as they become due and for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and
effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. In all cases in which Bonds are transferred or exchanged in accordance with
this Section, the City shall execute and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered surrendered in any such exchanges or transfers shall
forthwith be canceled by the City. There shall be no charge for any such exchange or transfer of Bonds, but the City may require the payment of a sum sufficient to pay any tax, fee or
other governmental charge required to be paid with respect to such exchange or transfer. The City shall not be required to transfer or exchange Bonds for a period of fifteen (15) days
next preceding an interest payment date on such Bonds. All Bonds, the principal and interest of which has been paid, either at or prior to maturity, shall be delivered to the City when
such payment is made, and shall thereupon be canceled. 4 {M1777306_3} Page 336 of 486
1 SECTION 6. BONDS MUTILATED, DESTROYED, STOLEN OR LOST: In case any Bond shall become mutilated or be destroyed, stolen or lost, the City may in its discretion issue and deliver a new
Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated
Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner furnishing the City proof of his ownership
thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the City may prescribe and paying
such expenses as the City may incur. The City shall cancel all mutilated Bonds that are surrendered. If any mutilated, destroyed, lost or stolen Bond shall have matured or be about to
mature, instead of issuing a substitute Bond, the City may pay the principal of and interest interest on such Bond upon the Owner complying with the requirements of this paragraph. 2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Any such duplicate Bonds issued pursuant to this section shall constitute original contractual obligations of the City whether or not the
lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and
security for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder. SECTION 7. FORM OF BONDS: The text of the Bonds shall be of substantially
the following tenor, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. 21 22 23 24 25 26 27 28 29 30 31
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 No. RUNITED STATES OF AMERICA STATE OF FLORIDA CITY OF MIAMI GARDENS TAXABLE LAND ACQUISITION REVENUE BOND SERIES 2009 Registered Owner:
Principal Amount: ____________________ Dollars ($__________) KNOW ALL MEN BY THESE PRESENTS, that the City of Miami Gardens, Florida (the “City”), for value received, hereby promises
to pay in installments to the Registered Owner shown above, or registered assigns, on the dates set forth below, the Principal Amount specified above. Subject to the rights of prior
prepayment and amortization described in this Bond, this Bond shall mature on February 1, 2014. This Bond is issued under authority of and is full compliance with the Constitution and
laws of the State of Florida, including particularly Part II of Chapter 166, Florida Statutes, as amended, the Charter of the City, Ordinance No. 2009-_____ duly adopted by the City
Council 5 {M1777306_3} Page 337 of 486
of the City on January 28, 2009, and Resolution No. 2009-___ duly adopted by the City Council of the City on January 28, 2009 (the “Bond Resolution”), and is subject to the terms of
the Bond Resolution. This Bond is issued for the purpose of financing the costs of purchasing the Property identified in the Bond Resolution, and paying costs of issuance of the Bonds.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable semiannually
on each February 1 and August 1 (the “Interest Payment Dates”), commencing August 1, 2009, at an interest rate equal to ____% per annum. Interest on this Bond shall be computed on the
basis of a 360-day year consisting of twelve (12) thirty-day months. Adjustment of Interest Rate Upon an Event of Default. If an “event of default” occurs under Section 19 of the Bond
Resolution, the interest rate on the Bonds shall immediately be adjusted to a rate equal to the rate on the Bonds, plus three percent (3%). 15 16 17 18 19 Prepayment Provisions 20 21
Mandatory Prepayment 22 23 24 25 26 The principal of this Bond shall be subject to mandatory prepayment in annual installments on each February 1, commencing February 1, 2010 (each a
“Scheduled Due Date”), in the amounts set forth on “Exhibit B” attached hereto. 27 Optional Prepayment. This Bond is subject to optional prepayment as follows: 28 29 30 31 32 33 34 35
36 37 38 39 40 41 42 43 44 45 46 (a) from the date of issuance of the Bonds to but not including the date that is two years after the date of issuance of the Bonds (the “Second Anniversary
Date”), this Bond is subject to prepayment in whole but not in part at any time at a price of par, plus accrued interest to the date of prepayment, plus a premium equal to the “Prepayment
Penalty” described in Exhibit “A” attached hereto, upon written notice to the Owners thereof given by the City at least five (5) days prior to the date fixed for prepayment, and (b)
this Bond is subject to prepayment in whole but not in part on the Second Anniversary Date and on any Interest Payment Date thereafter at a price of par plus accrued interest to the
date of prepayment, upon written notice to the registered Owners thereof given by the City at least five (5) days prior to the date fixed for prepayment;. The principal of and interest
on this Bond are payable in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owner or his legal
representative at the address of the Owner as it appears on the registration books of the City. 6 {M1777306_3} Page 338 of 486
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 This Bond and the interest hereon are secured by a first
lien on the revenues received from the tax on the purchase of electricity, which constitutes a portion of the public service tax (also known as the utilities service tax) levied and
received or to be received by the City pursuant to Section 166.231(1)(a), Florida Statutes, and Ordinance No. 2003-1 adopted by the City Council on August 20, 2003 (the “Pledged Revenues”).
Reference is hereby made to the Bond Resolution for the provisions, among others, relating to the terms, lien and security of the Bonds, the custody and application of the proceeds of
the Bonds, the rights and remedies of the Registered Owners of the Bonds, and the extent of and limitations on the City’s rights, duties and obligations, to all of which provisions the
Registered Owner hereof for himself and his successors in interest assents by acceptance of this Bond. THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE CITY OR A PLEDGE
OF THE FAITH AND CREDIT OF THE CITY, BUT SHALL BE PAYABLE EXCLUSIVELY BY THE PLEDGED REVENUES. THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE
CITY TO LEVY OR TO PLEDGE ANY FORM OF AD VALOREM TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE
CITY, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF AD VALOREM TAXATION. The original registered Owner, and each successive registered Owner of this Bond shall be
conclusively deemed to have agreed and consented to the following terms and conditions: 1. The City shall keep books for the registration of Bonds and for the registration of transfers
of Bonds as provided in the Resolution. Bonds may be transferred or exchanged upon the registration books kept by the City, upon delivery to the City, together with written instructions
as to the the details of the transfer or exchange, of such Bonds in form satisfactory to the City and with guaranty of signatures satisfactory to the City, along with the social security
number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor
and beneficiaries of the trust, the date of the trust and the name of the trustee. The Bonds may be exchanged for Bonds of the same principal amount and maturity and denominations in
integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered
on the registration books maintained by the City. 2. The City may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute Owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due, and
for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent
of the sum or sums so paid. 7 {M1777306_3} Page 339 of 486
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 3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the City shall execute
and deliver bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the City may require payment of a sum
sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The City shall not be required to transfer or exchange Bonds
for a period of fifteen (15) days next preceding an interest payment date on such Bonds. 4. All Bonds, the principal of which has been paid, either at or prior to maturity, shall be
delivered to the City when such payment is made, and shall thereupon be canceled. In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered
in exchange for a new Bond. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance
of this Bond have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Florida applicable thereto. IN
WITNESS WHEREOF, the City of Miami Gardens, Florida has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its City Clerk, and the Seal of the City
of Miami Gardens, Florida or a facsimile thereof to be affixed hereto or imprinted or 26 reproduced hereon,
all as of the day of ____, 2009. 27 28 29 CITY OF MIAMI GARDENS, FLORIDA 30 31 32 Mayor 33 34 35 36 City Clerk (SEAL) 8 {M1777306_3} Page 340 of 486
1 ASSIGNMENT 2 FOR VALUE RECEIVED, the undersigned (the “Transferor”), hereby sells, assigns and transfers unto 3 (Please insert name and Social Security or Federal Employer identification
number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints 4 5 (the “Transferee”) as attorney to register the transfer of the within
Bond on the books kept for registration thereof, with full power of substitution in the premises. 6 7 8 9 10 Date 11 12 13 Signature Guaranteed: Social Security Number of Assignee 14
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE:
No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the
face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee
is supplied. The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable
laws or regulations: TEN COM -as tenants in common ______________________________(Cust.) 32 Custodian for , 33 34 (Minor) TEN ENT -as tenants by under Uniform Gifts to Minors 35 the
entirety Act of 36 37 38 39 40 41 42 43 44 45 46 (State) JT TEN -as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though
not in the list above. [ATTACH EXHIBIT “A”—PREPAYMENT PENALTY AND EXHIBIT “B”--AMORTIZATION SCHEDULE] 9 {M1777306_3} Page 341 of 486
1 SECTION 8. PLEDGE OF REVENUES: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (a) The City hereby pledges, assigns and grants a first lien and security interest to the Bondholders
in the revenues received from the tax on the purchase of electricity, which constitutes a portion of the public service tax (also known as the utilities service tax) levied and received
or to be received by the City pursuant to Section 166.231(1)(a), Florida Statutes, and Ordinance No. 2003-1 adopted by the City Council on August 20, 2003 (the “Pledged Revenues”) in
order to secure the principal of and interest on the Bonds. The City covenants that for so long as the Bonds are secured by the Pledged Revenues it shall take all necessary steps to
continue to receive the Pledged Revenues as provided for in Section 166.231(1)(a), Florida Statutes. The City represents and warrants to the Bondholders that there are no other obligations
of the City currently outstanding secured by the Pledged Revenues. (b) Calculations of Pledged Revenues will be based on information derived from the most recently audited fiscal year
end financial statements. For purposes of calculating Maximum Annual Debt Service, the interest rate to be assumed for indebtedness bearing interest at a variable rate shall be equal
the higher of seven percent (7%) per annum or the actual rate of interest paid by the City with respect to such indebtedness during the month preceding the date of calculation, and such
indebtedness shall be assumed to be fully funded. In addition, for purposes of calculating Maximum Annual Debt Service, the Bonds shall be assumed to amortize over a fifteen (15) year
period. SECTION 9. BOND FUND: There is hereby created a fund, entitled “City of Miami Gardens, Florida Taxable Land Acquisition Revenue Bonds, Series 2009 Bond Fund” (the “Bond Fund”).
There shall be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Pledged Revenues as specified in Section 8 hereof which, together with the amounts already
on deposit therein, will enable the City to pay the principal of and interest on the Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest Payment
Date to the payment of principal of and interest on the Bonds coming due on each such date. 23 24 25 26 27 28 29 30 31 SECTION 10. SWAP AGREEMENTS: The City is authorized to enter into
a swap agreement with the Bondholders or with another party with the consent of the Bondholders for the purpose of effectively lowering or fixing the interest rate on the Bonds for any
period of time. For purposes of depositing sufficient moneys into the Bond Fund to pay principal and interest on the Bonds pursuant to Section 9 hereof, and for purpose of the calculations
specified in Section 17(b) hereof, (i) any payments due under such swap agreement shall be considered to be the equivalent of debt service payments on the Bonds, and Pledged Revenues
shall be set aside in each fiscal year in an amount at least equal to the greater of (x) the payments due under the swap agreement in such fiscal year or (y) the debt service payments
due on the Bonds in such fiscal year, in order to make all such payments, and (ii) any payments actually received by the City under the swap agreement may be taken into account and,
upon receipt, shall be deposited into the Bond Fund. 32 33 34 35 36 37 38 39 40 41 42 43 44 SECTION 11. INVESTMENT OF BOND FUND: Funds in the Bond Fund may be invested in the following
investments, maturing at or before the time such funds may be needed 45 46 10 {M1777306_3} Page 342 of 486
to pay principal of or interest on Bonds, to the extent such investments are legal for investment of municipal funds (“Authorized Investments”): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (a) The Local Government Surplus Funds Trust Fund; (b) Negotiable direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities; (c) Interest-bearing time deposits or savings
accounts in banks organized under the laws of the State of Florida (the “State”), in national banks organized under the laws of the United States and doing business and situated in the
State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal
supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (d) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation,
including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National
Mortgage Association; (e) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage passthrough
certificates guaranteed by the Federal National Mortgage Association; (f) Securities of, or other interests in, any open-end or closed-end management type investment company or investment
trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided the portfolio of such investment company or investment
trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company
or investment trust takes delivery of such collateral either directly or through an authorized custodian; or (g) Any other investments that at the time are legal investments for municipal
funds. 38 SECTION 12. APPLICATION OF BOND PROCEEDS: 39 40 41 42 43 44 45 46 (a) The proceeds received upon sale of the Bonds shall be used on the date of issuance of the Bonds to acquire
the Property and to pay costs of issuance of the Bonds. (b) The registered Owners shall have no responsibility for the use of the proceeds of the Bonds, and the use of such Bond proceeds
by the City shall in no way affect the rights of such registered Owners. The City shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project. However,
the City shall be irrevocably obligated to 11 {M1777306_3} Page 343 of 486
continue to pay the principal of and interest on the Bonds notwithstanding any failure of the City to use and apply such Bond proceeds in the manner provided herein. 1 2 3 SECTION 13.
FUNDS: Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively. The money
in such funds and accounts shall be continuously secured in the same manner as deposits of City funds are authorized to be secured by the laws of the State of Florida. Earnings on any
investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The
designation and establishment of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment of any completely independent, self-balancing
funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the City for
the purposes herein provided and to establish certain priorities for application of such revenues and assets. SECTION 14. SPECIAL COVENANTS OF THE CITY; ADDITIONAL BONDS TEST: 18 19
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (a) The City shall, upon receipt by the City or within two hundred seventy (270) days of each fiscal year end, whichever is sooner, provide
the Owners of the Bonds with a printed copy of its Comprehensive Annual Financial Report, its current year operating budget and its capital improvement plan. The City shall also provide
to the Owners of the Bonds any other financial information reasonably requested by such Owners. (b) The City will not issue any additional obligations secured by the Pledged Revenues,
unless (i) the ratio of the amount of Pledged Revenues collected during each of the preceding two fiscal years of the City divided by the Maximum Annual Debt Service on all Debt Obligations
secured by the Pledged Revenues and on the Debt Obligations proposed to be issued, is at least equal to 2.00, (ii) no Event of Default exists hereunder and (iii) the other covenants
of the City contained herein will continue to be met. For purposes of determining compliance with (i) above, the assumptions set forth in Section 8(b) and the definitions set forth in
Section 8(a) of this Resolution shall apply. SECTION 15. COVENANTS BINDING ON CITY AND SUCCESSOR: All covenants, stipulations, obligations and agreements of the City contained in this
Resolution shall be deemed to be covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations,
obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which any power or
duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. 36 37 38 39 40 41 42 43 44 45 46 Except as otherwise provided
in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or upon the City Council by the provisions of this Resolution shall be
exercised or performed by the City Council or by such 12 {M1777306_3} Page 344 of 486
officers, board, body or commission as may be required by law to exercise such powers or to perform such duties. 1 2 3 4 5 6 7 8 9 10 No covenant, stipulation, obligation or agreement
herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the City Council or officer, agent or employee of the City
in his or her individual capacity, and neither the members of the City Council nor any officer, agent or employee of the City executing the Bonds shall be liable personally on the Bonds
or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 16. EVENTS OF DEFAULT: Each of the following events is hereby declared an “event
of default”: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (a) payment of the principal of any of the Bonds shall not be made when the same shall
become due and payable; or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become due and payable; or (c) the City shall default
in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default described in subsection (a)
or (b) of this Section) on the part of the City to be performed, and such default shall continue for sixty (60) days after written notice specifying such default and requiring same to
be remedied shall have been given to the City by any Owner of any bond; provided that it shall not constitute an event of default if the default is not one that can be cured within such
sixty (60) days, as agreed by the Bondholders and the City, and the City commences within such sixty (60) days and is proceeding diligently with action to correct such default; (d) any
proceeding shall be instituted with the consent of the City for the purpose of effecting a composition between the City and its creditors or for the purpose of adjusting the claims of
such creditors pursuant to any federal or state statute now or hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days after the institution of the
same; or (e) a payment default occurs under any other debt or obligation of the City which is secured by the Pledged Revenues. 39 SECTION 17. REMEDIES; RIGHTS OF BONDHOLDERS: 40 41 42
43 44 45 46 (a) Upon the occurrence and continuance of any event of default specified in Section 16(a), (b) or (e) hereof, the Owners of the Bonds may declare all payments of principal
and accrued interest to be immediately due and payable, whereupon the same shall become immediately due and payable. (b) Upon the occurrence and continuance of any event of default specified
in 13 {M1777306_3} Page 345 of 486
Section 16(c) or (d) hereof, the Owners of the Bonds may pursue any available remedy by suit, at law or in equity, to enforce the payment of the principal of and interest on the Bonds
then outstanding. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right
or power or shall be construed to be a waiver of any such default or event of default or acquiescence therein; and every such right and power may be exercised from time to time and as
often as may be deemed expedient. No waiver of any event of default hereunder shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent
thereon. The City agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employees and agents from any against any losses, claims, damages, liabilities
and expenses (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement of the provisions of this Resolution and the Bonds. 17 SECTION
18. DEFEASANCE: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (a) The covenants, liens and pledges entered into, created or imposed pursuant
to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways. (i) by paying the principal of, prepayment premium, if any,
and interest on the Bonds when the same shall become due and payable; or (ii) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Bonds, which
together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the principal, prepayment premium,
if any, and interest due and to become due on said Bonds on or prior to the prepayment date or maturity date thereof; or (iii) by depositing with an escrow agent moneys irrevocably pledged
to to the payment of the Bonds, which together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of the United States of America
which shall not be subject to redemption prior to their maturity other than at the option of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a verification
report of an independent certified public accountant or firm of accountants) to pay when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds
on or prior to the prepayment date or maturity date thereof. 14 {M1777306_3} Page 346 of 486
Upon such payment or deposit with an escrow agent in the amount and manner provided in this Section 18, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding
for the purposes of this Resolution and the covenants of the City hereunder and all liability of the City with respect to said Bonds shall cease, terminate and be completely discharged
and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or securities so deposited with the escrow agent; provided, however, that (i) if any Bonds
are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 3 hereof and (ii) in the event
that any Bonds are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section,
the City shall have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on the registration
books of the City, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with
this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds. 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 (b) Notwithstanding the foregoing, all references to the discharge and satisfaction of Bonds shall include the
discharge and satisfaction of any portion of the Bonds. (c) If any portion of the moneys deposited with an escrow agent for the payment of the principal of, redemption premium, if any,
and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall transfer to the City the amount of such excess and the City may use the amount of such
excess free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under this Resolution. SECTION 19. SALE OF BONDS: Based upon
the uncertainty of the interest rate environment if sale of the Bonds is delayed, the City hereby determines and finds the necessity for a negotiated sale of the Bonds. The City has
been provided all applicable disclosure information required by Section 218.385, Florida Statutes. The negotiated sale of the Bonds is hereby approved to the Bank at a purchase price
of par. 30 31 32 33 34 35 SECTION 20. APPROVAL OF PURCHASE AGREEMENT: The Council hereby approves the form and content of the Purchase Agreement between the City and the Company, presented
at this meeting and attached hereto as Exhibit “B”. The Mayor is hereby authorized to execute and deliver the Purchase Agreement on behalf of the City, and the Clerk is authorized to
place the City’s seal thereon and attest thereto, in substantially the form presented at this meeting, with such changes, modifications, deletions and insertions as the Mayor, with the
advice of the City Attorney, may deem necessary and appropriate. Such execution and delivery shall be conclusive evidence of the approval thereof by the City. 36 37 38 39 40 41 42 43
44 SECTION 21. AUTHORITY OF OFFICERS: The Mayor, the City Manager and the City Clerk are and each of them is hereby authorized and directed to execute and deliver any and 45 46 15 {M1777306_3}
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all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transaction contemplated by this Resolution and the
other documents identified herein. 1 2 3 4 SECTION 22. SEVERABILITY: In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed
and enforced as if such illegal or invalid provision had not been contained therein. The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall
govern their construction. 5 6 7 8 9 10 11 SECTION 23. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS: In any case where the date of maturity of interest on or principal of the Bonds
shall be a Saturday, Sunday or a day on which the banks in the State are required, or authorized authorized or not prohibited, by law (including executive orders) to close and are closed,
then payment of such interest or principal need not be made by the City on such date but may be made on the next succeeding business day on which the banks in the State are open for
business, but such interest shall continue to accrue until payment is received by the Owners of the Bonds. 12 13 14 15 16 17 18 19 SECTION 24. OPEN MEETING FINDINGS: It is hereby found
and determined that all official acts of the City Council concerning and relating to the adoption of this Resolution and all prior resolutions affecting the City Council’s ability to
issue the Bonds were taken in an open meeting of the City Council and that all deliberations of the City Council or any of its committees that resulted in such official acts were in
meetings open to the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. 20 21 22 23 24 25 26 SECTION 25. REPEALING CLAUSE: All resolutions
and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed. 27 28 29 SECTION 26. WAIVER OF JURY TRIAL: To the extent permitted by applicable
law, the City, knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation based on, or arising out of, under or in connection
with this Resolution, the Bonds or any agreement contemplated to be executed in connection with this Resolution, or any course of conduct, course of dealing, statements (whether verbal
or written) or actions of the City or the Bank with respect hereto. The City acknowledges that this provision is a material inducement to the Bank to purchase the Bonds. 30 31 32 33
34 35 36 37 SECTION 27. WAIVER OF COMPETITIVE REQUIREMENTS: The City Council of the City of Miami Gardens hereby authorizes a waiver of the competitive bidding requirements of its Purchasing
Ordinance to contract with the Bank for the issuance of the bonds described herein. 38 39 40 41 42 43 SECTION 28. EFFECTIVE DATE: This Resolution shall take effect immediately upon its
final passage and adoption. 44 45 46 16 {M1777306_3} Page 348 of 486
17 {M1777306_3} 1 2 3 4 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. 5 6 7 8 9 10 SHIRLEY GIBSON, MAYOR ATTEST:
11 12 13 14 15 16 RONETTA TAYLOR, MMC, CITY CLERK Prepared by ADORNO & YOSS LLP, Bond Counsel 17 SPONSORED BY: DANNY O. CREW, CITY MANAGER 18 19 20 21 22 MOVED BY: VOTE: 23 Mayor Shirley
Gibson (Yes) (No) 24 Vice Mayor Barbara Watson (Yes) (No) 25 Councilman Melvin L. Bratton (Yes) (No) 26 Councilman Aaron Campbell, Jr. (Yes) (No) 27 Councilman Oliver Gilbert III (Yes)
(No) 28 Councilwoman Sharon Pritchett (Yes) (No) 29 Councilman Andre L. Williams (Yes) (No) 30 31 32 Page 349 of 486
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EXHIBIT “A” PREPAYMENT PENALTY Any applicable prepayment penalty on the Bonds shall be calculated in accordance with the following: “Break Event” means the optional or mandatory prepayment
or acceleration, in whole or in part, of the principal of the Bonds occurring prior to the date such principal would, but for that prepayment or acceleration, have become due (a “Scheduled
Due Date”). For each date on which a Break Event occurs (a “Break Date”), a Breakage Fee shall be due to the owners of the Bonds only if the rate under “A” below exceeds the rate under
“B” below, such Breakage Fee to be determined as follows: Breakage Fee = the Present Value of [(A-B) x C], plus LIBOR Breakage, where: A = A rate per annum equal to the sum of [i] the
bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the
date the Fixed Rate on the Bonds was set (the “Lock -in Date”) plus [ii] the corresponding swap spread of the Bank on the Lock-in Date for fixed rate payor to pay the Bank the fixed
rate side of an interest rate swap of that maturity, plus [iii] 0.25%.; B = A rate per annum equal to the sum [i] the bond equivalent yield (bid side) of the U.S Treasury security with
a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the Break Date, plus [ii] the corresponding swap spread that the Bank determines
another swap dealer would quote to the Bank on the Break Date for paying to the Bank the fixed rate side of an interest rate swap of that maturity; C = The sum of the products of [i]
each Affected Principal Amount for each Affected Principal Period, times [ii] the number of days in the Affected Principal Period divided by 360; "Affected Principal Amount" for an Affected
Principal Period is the principal amount of the Bonds scheduled to be outstanding during that Affected Principal Period determined as of the relevant Break Date before giving effect
to the Break Event on that Break Date, and for any prepayment, multiplying each such principal amount times the Prepayment Fraction. "Affected Principal Period" is each period from and
including a Scheduled Due Date to but excluding the next succeeding Scheduled Due Date, provided that the first such period shall begin on and includes the Break Date. “Libor Breakage”
is any additional loss, cost or expense that the Bank may incur with respect to any hedge for the Fixed Rate on the Bonds based on the difference between the London interbank offered
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2 {M1777306_3} maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and that which is available in that market on
the Break Date. "Maturity Date" is the date on which the final payment of principal of the Bonds would, but for any Break Event, have become due. "Prepayment Fraction" is a fraction
equal to the principal amount being prepaid over the principal amount of the Bonds outstanding immediately prior to that prepayment on the Break Date. “Present Value” is determined as
of the Break Date using “B” above as the discount rate. In addition, a Break Event shall be deemed to occur hereunder if, on any date (“Borrowing Date”) prior to any acceleration of
the Bonds, any advance of principal under the Bonds is scheduled to be made and that advance fails to be made on that Borrowing Date (whether due to the City’s default, the City’s failure
to borrow, the termination of any loan commitment, any unsatisfied condition precedent, or otherwise), in which case that Borrowing Date shall be a Break Date, the Affected Principal
Amount for that Break Event shall be based on the amount of the failed advance, and the City shall on demand pay to the Bank any Breakage
Fee due hereunder for that Break Event. Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of the losses, costs and expenses Bank would incur in the event
of any prepayment or acceleration of the Bonds, are not a penalty, will not require claim for, or proof of, actual damages, and Bank's determination thereof shall be conclusive and binding
in the absence of manifest error. For any Break Event hereunder, the foregoing Breakage Fee provisions supersede any breakage compensation agreement that City and Bank may have executed
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No no Funding Source:
(Enter Fund & D tal Proje Balanc ept) Capi Fund Fund cts e Advertising Requirement: (Enter X in box) Yes No no Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x (Enter
#) Sponsor Name Danny O. Crew (Sponsor name is always CM if staff item) Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
EXERCISING AN OPTION TO PURCHASE THAT CERTAIN REAL PROPERTY DESCRIBED IN THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT “A” IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED THOUSAND DOLLARS
($3,800,000.00); AUTHORIZING THE USE OF PROCEEDS FROM THE CAPITAL PROJECTS FUND FOR THE PURCHASE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EFFECTUATE
THE PURCHASE OF THE PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: For several years, Council has talked about the importance of
guiding the future development of the City’s designated Town Center area. Last year, the City purchased property for relocating the City Hall to this area in the near future. One of
the most important factors in redeveloping a built up area is the availability of large tracts of land which can support serious tenants. Since the City owns no land in this area (other
than the City Hall site), our control is limited. Several years ago, the owners of a large tract of land in this area approached the City about the possibility of purchasing their property.
At the time, the asking price was beyond our ability to meet (Approx $8 million); however, with the current economic situation, the City was reapproached with a new asking price ($3.8
million). ITEM K-3) RESOLUTION $3.8 Million Option Agreement Page 411 of 486
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The property is a ±5 acre tract immediately west and north of the corner of NW 27th Avenue and NW 183rd Street.
It is located within the Town Center Zoning area. This property offers the City an unparalleled opportunity to control the future of this large parcel, insuring that appropriate development
will take place on the site. Currently, there are two buildings on the site that can easily be removed when necessary. Funding for this proposed purchase is available in the City’s Capital
Projects Fund, thus no new bonds need to be issued. An appraisal has been conducted to confirm the asking price and a Phase I environmental was completed with no findings. I have been
able to secure an option on the property in order to bring this item to City Council. Recommendation: Recommend that City Council authorize the Mayor and City Manager to sign the appropriate
papers to exercise the option and close on the property. Attachment: Lease‐Option Agreement/Contract Site Map Appraisal Summary page (Full appraisal available from Julie Ann) Phase I
Environmental Report Summary Page (Full report available form Julie Ann) Asbestos Survey Summary Page 412 of 486
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION
TO PURCHASE THAT CERTAIN REAL PROPERTY DESCRIBED IN THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT “A” IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED THOUSAND DOLLARS ($3,800,000.00);
AUTHORIZING THE USE OF PROCEEDS FROM THE CAPITAL PROJECTS FUND FOR THE PURCHASE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THE PURCHASE
OF THE PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2006-03-84, which amended Ordinance No. 2005-10-48, the
City’s Purchasing Ordinance, the City Manager has the authority to negotiate and execute option agreements on real property for consideration by the City Council, so long as any good
faith deposit money does not exceed the City Manager’s purchasing limits, and WHEREAS, although the City Manager may execute an option agreement, only the City Council can exercise an
option, and WHEREAS, the City Manager has executed the Option Agreement, attached hereto as Exhibit “A,” and WHEREAS, the property is located in the “Town Center” zoning area and would
offer the City the ability to control the future of this large parcel, and WHEREAS, pursuant to the Option Agreement, the Purchase And Sale Agreement which is attached thereto as Composite
Exhibit “B,” and incorporated herein by reference, the purchase price for the property is $3,800,000.00, and 8326906.1 Page 413 of 486
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City Council would like to exercise the Option and would like to authorize the City Manager and City Attorney
to take all necessary steps to effectuate the purchase of the Property, and WHEREAS, the City Council would like to utilize proceeds from the Capital Projects Fund for this purchase,
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. EXERCISE OF OPTION: The City Council for the City of Miami Gardens,
Florida, hereby exercises the Option to purchase the real property described in the Option Agreement and to purchase the subject property in accordance with the Purchase & Sale Agreement
attached hereto as Exhibit “B” (the “Property”). Section 3. AUTHORIZATION: The City Manager and City Attorney are hereby authorized to take any and all steps necessary to effectuate
the purchase of the Property and to fulfill the intent of this Resolution. Section 4. AUTHORIZATION: The City Council hereby authorizes the City Manager to utilize the proceeds from
the Capital Projects Fund for the purchase of the Property. Section 5. EFFECTIVE DATE This Resolution shall take effect immediately upon its final passage. 8326906.1 Page 414 of 486
8326906.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAM1 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009.
_____________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS City Attorney SPONSORED BY:
DANNY O. CREW, CITY MANAGER MOVED BY:_____________________ SECONDED BY: _________________ VOTE: _____ 24 Mayor Shirley Gibson (Yes) ___(No) 25 Vice Mayor Barbara Watson (Yes) ___(No)
26 Councilman Melvin L. Bratton (Yes) ___(No) 27 Councilman Aaron Campbell (Yes) ___(No) 28 Councilman André Williams (Yes) ___(No) 29 Councilwoman Sharon Pritchett (Yes) ___(No) 30
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 28, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid
#: X N/A Sponsor Name Barbara Wat Vice Mayor son, Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING SECTION
2.1 OF THE CITY’S CHARTER PROHIBITING ANY COUNCIL MEMBER, OTHER THAN THE MAYOR OR THE VICE MAYOR IN THE MAYOR’S ABSENCE, FROM ATTEMPTING TO REPRESENT THE CITY IN ANY DEALINGS OTHER GOVERNMENTAL
ENTITIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Articles I, section 1.2 and Article II, section2.1 of the City Charter,
the Mayor is recognized as the official designated to represent the City in all all dealings with other governmental entities. In the absence or incapacity of the Mayor, the Vice‐Mayor
will uphold all powers, authority, duties and responsibilities of the Mayor. The Mayor, or in her absence the Vice Mayor, is held responsible for all actions taken on behalf of the City
Council. In an effort to maintain transparency and accountability, strict adherence to section 2.1 of the Charter is mandated. All communication, both verbal and written, should be channeled
through the City’s designated representatives for action. Recommendation: In the best interest of the continued progress of the City and to prevent any potential for liability of the
City and individual Council members, please sponsor this Resolution and ask for your support in its passage. ITEM K-4) RESOLUTION Implementing Section 2.1 of the City's Charter Page
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Articles I and II of the City Charter. Page 441 of 486
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING SECTION 2.1 OF THE CITY’S CHARTER PROHIBITING ANY COUNCIL MEMBER, OTHER THAN
THE MAYOR OR THE VICE MAYOR IN THE MAYOR’S ABSENCE, FROM ATTEMPTING TO REPRESENT THE CITY IN ANY DEALINGS OTHER GOVERNMENTAL ENTITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.1(A)(4) of the City of Miami Gardens Charter provides as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 “The Mayor shall be the
official designated to represent the City in all dealings with other governmental entities.”, and WHEREAS, in accordance with this section of the Charter, it is improper for any Council
member other than the Mayor, or the Vice Mayor in the Mayor’s absence, to attempt to represent the interests of the City in any dealings with other governmental entities, 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. PROHIBITION: In accordance with Section 2.1(A)(4) of the City of Miami Gardens Charter,
individual members of the City Council shall be prohibited from representing the City in any dealings with any other governmental entities either verbally or in writing, and shall refrain
from attempting to represent the City’s interests in this regard. Page 442 of 486
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________
________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: VICE MAYOR BARBARA WATSON MOVED BY:_____________________ VOTE: _____ 45
Mayor Shirley Gibson (Yes) ___(No) 46 Vice Mayor Barbara Watson (Yes) ___(No) 47 Councilman Melvin L. Bratton (Yes) ___(No) 48 Councilman Aaron Campbell (Yes) ___(No) 49 Councilman Oliver
Gilbert, III (Yes) ___(No) 50 Councilwoman Sharon Pritchett (Yes) ___(No) 51 Councilman André Williams (Yes) ___(No) 52 53 54 SKD/teh 8324976_1.DOC Page 443 of 486
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Staff Monthly Report January 2009 CITY MANAGER • Met with Wachovia, Commerce and SunTrust banks regarding financing for the proposed taxable land acquisition bond. • Attended the 6 presentations
by architectural firms in response to our RFP for such services. • Completed camera-ready copy of the budget and submitted it to the Governmental Finance Officer’s Association for consideration
of their Distinguished Budget Award.. • Met with the Assistant County Manager and his staff regarding the zoning and building issues at Dolphin Stadium. • Met with new District representatives
of the South Florida Water Management District. • Met with representatives of a local church that wants to offer the City the opportunity to purchase their property. • Worked on revenue
estimates for current year. • Took 2 weeks off for the holidays. PUBLIC WORKS (Tom Ruiz) 1. Staff has started the removal of street light pole banners. 2. Tropic Landscape and Nursery
delivered and installed sod for NW 159th Dr. on January 5, 2009, due to the new stormwater drainage project completed by the County in the industrial area. 3. Staff continues to clean
and maintain bus bench areas throughout the City. 4. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. 5. Staff continues to trim and
prune trees citywide. 6. We are working towards cleaning and vacuuming all storm basins and pipe city wide. 7. Continue to perform irrigation maintenance repair on 441 and NW 27th Avenue.
8. Public Works issued 24 permits of which: 1 Paving & Drainage, 16 Driveways & Sidewalks, 0 Banner, and 7 Utilities. Page 452 of 486
9. Staff recommended Straightline Engineering for drainage improvements project at the industrial area which covers NW 47 Avenue to NW 57 Avenue and NW 167 Street to City’s limits on
the south and on NW 45 Court from NW 171 Street to NW 171 Terrace. The item will be presented to Council for approval on February 4, 2009. 10. Staff met with the Straightline Engineering
has a current contract with the City to start the Sidewalk Capital Improvement project. The 2009 allocated funds will be used on replacement of damaged sidewalk throughout the City.
11. Landscaping project which consists of new installation of irrigation and landscaping on NW 183 Street from NW 2 Avenue to NW 27 Avenue is currently posted for bidding until February
5, 2009. 12. The Public Works Building Interior Renovations are on the way: A. Underground plumbing has been installed. B. Wall Framing is completed. C. Window openings are completed.
D. Rough HVAC: 85% completed. E. Electrical rough: 75% completed. F. Exterior Wall insulation has been completed. 13. On January 08, 2009 PW attended the Developmental Review Committee
for plan review of new development. 14. On December 18, 2008, the Director met with Calder Casino to address Public Works Comments for their future casino site. 15. On January 5, 2009,
the Director attended our Website Steering Committee to design the each department’s 16. On January 6-7, 2009, attended oral presentations for the continuing contract with Architectural
Firm Qualifications for City projects. 17. On the December 15, 2008, the Director attended a deposition for the vehicle accident on NW 155 Ct/NW 155 Terrace canal accident. 18. On January
7, 2009, the Director attended the Zoning Meeting. KEEP MIAMI GARDENS BEAUTIFUL FDOT /Keep America Beautiful Grant • Applying for an additional $4,000 Community Beautification Grant
• Applications are in and will be reviewed and selected this month Kids Ecology Program /Home Depot Grant/Carol City Elem. Project • Work in progress 1Page 453 of 486
Landscape Maintenance • New ground covers have been purchased to replace dying plant materials for both 441 and 27 Ave • New flowers have been placed at new NW 215/NW 27 sign and 441/NW
7th Ave sign ( in front of entrance signs) • A thorough check of our irrigation system on NW 27 Ave has been done and measures are being taken to correct problem zones. Winter 08 Beautification
Awards • Recipients have been selected and awarded Miami Gardens Drive Beautification Project • FDOT Approved • Highway Beautification Grant Extension approved • Out to bid Arbor Day
2009 • Working on promotion • Approximately to be 800 trees to be given away Community Beautification projects • Ongoing • 2 major community projects completed this month New Television
PSA • Working with Comcast and local movie theaters MLK Day/Services for Peace • Scheduled for 1/17/09-over 150 volunteers expected to participate Elem. School Presentations • Working
on curriculum Green Building Coalition • Work in progress FINANCE DEPARTMENT (William Alonso, Director) 1) Completed the December monthly budget reports for the new fiscal year, it has
been posted on the city’s website and will be presented to Council during the next meeting in January. 2) Worked on completion of the $7.3 million transaction involving Warren Henry
and the city purchased of 15 acres of land. This involved preparation of agenda memos and review of resolutions and ordinances for presentation to Council. 3) Worked on completion of
the $2 million transaction for equipment purchase. This involved preparation of agenda memos and review of resolutions and ordinances for presentation to Council. 2Page 454 of 486
4) Completed the CAFR for FY2008, it will be presented to Council at the meeting of January 28, 2009. We met our goal for the second year in a row of presenting the CAFR during January
of each year. 5) The arbitrage calculations on the $7.5MM and $14.4MM bond issues was started by our consultant so that we can comply with IRS regulations. 6) Began preparing the FY2008
Financial Trends Report (the second year for such report) it will be distributed to Council during the first February 2009 meeting. HUMAN RESOURCES (Taren Kinglee) • Continued fire extinguisher
inspection of City Hall, several parks and the police department • Consultation with outside council through Florida League of City regarding pending litigations • Inputted and reconciliation
of 2009 open enrollment changes • Annual review with representative of insurance products provided by Florida League of Cities • Responded to several public records request • Held several
meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys,
etc. Monthly Statistics Se Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 692 704 403 394 Positions Advertised
5 9 1 4 Interviews Conducted 85 42 84 25 Pre-employ Physicals 18 11 15 15 Background/Reference Checks 14 17 9 10 New Hires 35 5 11 6 Workers Comp Claims 4 13 17 15 Exit Interviews 1
1 1 1 Promotions 4 0 0 8 3Page 455 of 486
DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP • Conducted interviews for Capital Improvement Director • Conducted interviews for the Project Manager • (2) Held meetings
with CIP development team for the close out of SNP funds • Developed Capital List for Federal Stimulus Consideration • Attended Oral representations for Architects and Engineering Firms
Police Department/School Crossing Guard • Red Light Camera Implementation and Training • Dolphin Stadium Parking Issues • Worked with Justice Security Strategies on possible reserarch
for Crime/housing issues Code Enforcement • Worked with staff to implement the microfiche project for closed case file • Worked with staff to revise workflow for Eden issues Other •
Participated in the following Meetings/Committees (outside agency meetings): o Urban Area Security Initiative Meeting o Meeting w/CPZ Architects Re: MGCC o (1) Coconut Cay CDD Meeting
o (1) Majorca Isles CDD Meeting POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 245 TOTAL HIRED TO DATE: 238 • 1 Chief • 1 Deputy Chief • 3 Majors
• 9 Captains • 27 Sergeants • 146 Police Officers (4 vacant positions) • 9 Community Service Aides (1 vacant position) 4Page 456 of 486
• 16 Telecommunications Operators (2 vacant positions) • 1 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants
• 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Administrative Analyst • 1 Investigative Assistant • 6 Crime Scene
Technicians The monthly activity for the Operations Division for the month of December 2008 is as follows: ARRESTS: • FELONY 96 • MISDEMEANOR 251 • TRAFFIC 339 • DUI 4 • WARRANT 14 TOTAL
ARREST 704 CITATIONS: • MOVING 1241 • NON-MOVING 853 • PARKING 206 TOTAL 2300 FIELD INTERVIEW CARDS 791 TOTAL CALLS RESPONDED TO 8079 REPORTS WRITTEN 2307 TRAFFIC CRASHES 305 The CSOs
instituted 22 Neighborhood Watch programs during the year. Shop With a Cop and the Holiday Appliance Giveaway were coordinated through the CSOs. The Traffic Unit’s schedule has been
modified to include weekend patrols. 5Page 457 of 486
Sergeant Adams and Officers Schroeck and Florentino were awarded the Department’s Officer of the Month. CSA Leverity was awarded Civilian Employee of the Quarter for the Fourth Quarter
of 2008. The monthly activity for the Support Services Division for the month of December 2008 is as follows: Property and Evidence, Number of property items processed: 263 -Property
Received 14 -Property Rejected 11 -Property Released 96 -Property out to Lab 0 -Property to be Disposed Number of reports processed and number of requests made at window for records:
Reports Processed 2,449 /Walkup Requests at Window 621 /Mail Logged In 424 /Amount Collected At the Window $66,454.00. Number of calls received by dispatch: CAD Calls = 14,075 Phone
Calls = 11,135 FCIC Entries = Approximately 276 Training hours = 274 Overtime Hours = 402 Temp Hours = 0 Court Liaison and Off-Duty 503 Subpoenas processed and delivered to officers.
160 Court slips entered into Eden for payroll processing. 153 Off duty slips processed and entered into Eden for payroll. 8 New off duty vendor requests processed and staffed. 120 Deposition
subpoenas stamped and delivered to officers. 5 Permanent off-duty jobs coordinated. Fleet, Radio and Computer Management: No significant activity Facility Management: No significant
activity. The monthly activity for the Professional Standards Division for the month of December 2008 is as follows: • One Complaint initiated TRAINING • Classes Attended: 4 • Hours
Taught: 580 6Page 458 of 486
• Participants (Officers/Civilians): 15 The monthly activity for the Investigations Division for the month of December 2008 is as follows: Arrests – Total: 252 Felonies – 117 Misdemeanor
– 116 Traffic – 19 U.S. Currency Seized – $3,000 Vehicles Recovered – 30 Vehicles Recovered Value-$665,200 Vehicles Processed-34 Property Recovered Value-$37,675 Firearms Seized – 8
Search Warrants 0 Narcotics Recovered – 168 Grams of Marijuana 17.5 Grams of Cocaine Total Cases Assigned 777 Closed 181 Rate 23.3% Scenes Processed by Crime Scene Investigations Unit-146
COMMUNITY OUTREACH SPECIALIST (Lillie Q. Odom) • Participated with the “Shop with a Cop” Day, held at the Walmart -199 Street & 27th. Avenue, assisted the Police Officers with the children
as they shopped. • Coordinating and preparing a team/pool of Volunteers to be available for Dr. Martin Luther King’s celebration and for any additional events that the city may have.
• . “Adopt-a-School Initiative” Project -Attending on-going meetings and telephone conferences with committee members for this contractual process. This initiative by the Mayor is presently
being implemented. The follow-up process is keeping in touch with principals of the schools as well as the organizations and faith-base groups. • Commission for Women – Attending monthly
meetings, assisting with the coordination of several projects that will be taking place in the city by the members of the commission. • Elderly Affairs Committee in partnership with
the Florida Department of Elderly Affairs Communities for a Lifetime initiative are planning an; “Intergenerational event to be held in April, 2009. Plans of action are in process. 7Page
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• Collecting and coordinating historical; articles, pictures and artifacts of the areas within the city as they were prior to incorporation, to be utilized for before and after displays.
SPECIAL PROJECTS DIRECTOR (Antranette Pierre) Administration • Sent cash flow analysis to Miami Dade County Office of Capital Improvements as follow up to approved resolution authorizing
modification to the project description for the Building Better Communities Program Bond proceeds re: reallocating use of funds in accordance with Parks Master Plan • Attended oral presentations
for 6 architectural firms in response to RFQ#08-09-006 re: architectural/engineering services • Requested reimbursement from Safe Neighborhood Parks for 6 parks • Forward local mitigation
strategy “wish list” to Floodplain Manager for review • Prepared “Top 10 Economic Development Incentives” list in response to Councilman Williams’ request Planning & Design Police Building
• Awaiting settlement with Architect for the new Design Plans scope for the CSI Lab Unit and the Remodeling of the Sergeants work room. Met with new architect to discuss the proposed
work. City Hall Renovation • Plans in permitting Fueling Facility • Received 100% construction documents Golden Glades Aesthetic Project • Negotiating terms and scope of agreement with
Turnpike for improvements underneath underpass at NW 183rd Street and approximately 14th Ave • Project to be completed by February 2010 Rolling Oaks Park: • Phase I Improvements include:
Installation of 2 athletic fields, parking (and overflow parking) lots, fencing, roundabout, and concession/restroom facility. o DERM: Plans approved for permitting; tree removal permit
approved o Fire: Plans approved for permitting o WASD (sewer connections): currently in review o Department of Health: Plans approved for permitting Bunche Park & Pool • Phase I Improvements
include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. o Fire: Plans approved approved for permitting
o WASA: currently in review 8Page 460 of 486
o DERM: surface water permit approved Brentwood Pool • Contract amendment approved to modify scope re: FRDAP grant to include tennis & basketball resurfacing, exercise trail with fitness
stations and playground • Issued purchase order to McCourt Construction for resurfacing of tennis courts • Received quotes for new playground equipment • Requested quote for demolition
of handball court • Issued Notice to Proceed to vendor for resurfacing of existing
basketball court North Dade Optimist • Phase I Improvements include: Construction of new building at approx. 3,000 sq. ft includes six restrooms, small concession/kitchenette, and storage
rooms; 114 parking space lot with paving, drainage, irrigation and landscaping, football field & lights relocation and minor landscaping; Construction of lift station. o Parks plans
approved by Fire. Currently being reviewed by DERM and WASD o Lift Station: Approved by City of Miami Gardens and City of North Miami Beach Public Services. Allocation letter issued.
WASD/DERM: currently in review. • Sports lighting in permit review • Demolition of announcer’s box and basketball court complete • Negotiating lease terms with T-Mobile re: use of park
space for construction of cell phone tower Norwood Park & Pool • Tennis court resurfacing 80% complete; pending fence replacement only • Ordered pool equipment and furniture (i.e. lift
guard stand, ADA lift, life vests) Construction Miami Gardens Community Center (MGCC) • Main Building o Walls are installed, Roof framing and deck is in and preparations are being made
for installing the lightweight concrete roof deck. o Plumbing electrical systems are substantially underway. o Pool tile finishes have been finalized and finishing of the pool surfaces
is underway o Water main connection along NW 32nd Avenue ongoing o Excavation for installation of underground telephone connection continues • Restrooms o Center block walls erected
and eyebrow frame installed o Drainage complete on west restroom building; Plumbing stacks installation completed for buildings A1 and A2 o Installing grease traps and running line to
connect to sewer for building A1 and A2 o Drainage beginning on south restroom building o Rebar installation on west restroom building • Track/Football field o Site prep work performed;
final subgrade work being completed o Trenching for irrigation conduits installation began o Installation of irrigation and turf is planned for mid-January o Processing changes to the
design and locations of essential power and necessary utilities due to incorporation of sports lighting 9Page 461 of 486
• Weekly Construction Progress meetings are on going • Selected finishes for community center • Project is nearing the estimated contingency fund allocation Police Building • Construction
(security) installation is complete • Glanz Technologies pending approval from Miami Dade and the City of Miami Gardens; awaiting the contractors to finish the work to obtain final inspections.
• Final completion inspections and punch lists are being scheduled by Miami Skyline Construction. Partial approvals of construction activities with the Building and Fire Departments
have been performed and the door access security completion is still delaying project closeout and final inspections. • General contractor is awaiting completion by GLANZ to finalize
the project work • The Required completion date for the project has passed. Systems are substantially complete. Rolling Oaks Park (tennis and basketball courts) • Pre-construction meeting
held with Williams Paving Co. related to the installation of the new tennis courts. • Permitting delayed due to contractor • Project corner staking and locations were coordinated • Prepared
and provided design criteria drawings for the new Tennis Courts to be installed at the park • Resurfacing of basketball courts and conversion of existing tennis courts to additional
basketball courts is complete Meetings/Events: • Light test @Norwood Park • Presentation by InnoVida, 12/18/08 • Evaluation Committee for RFQ#08-09-006 Architectural/Engineering Services,
12/19/08 • FDOT Noise Wall & landscaping design along NW 183 St/14 Ave • Site Visits to various A/E prior projects in conjunction with RFQ#08-09-006 • Branding Contract & Sponsorship
Opportunities, 12/29/08 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • School Crossing Guards received new post assignments. Meetings Attended: • SCG Staff Meeting
• Departmental mtg. w/DCM Farmer • Agenda Review/Staff Meeting • CTST Coalition Meeting-January 12, 2009 Meetings scheduled: • CTST Meeting on February 2, 2009. 10 Page 462 of 486
Pending Tasks: Employee Incident Reports: • Total: Terminations: 0 Resignations: 0 New Hires: 0 BUILDING DEPARTMENT (Jesus Navia) • The service of two (2) Temporary Employees from Transhire
was eliminated since our two employees with family Leave returned to work. • Creation & Implementation of Building Department Website • Continue work on Online Permit Applications and
Processing • REVENUES Building Permits & CO $198,522.10 EXPENDITURES $224,656.66 PERMIT APPLICATIONS SUBMITTED Building 109 Certificate of Occupancies 0 Demo 4 Electrical 52 MDDC Permit
Closure 3 Mechanical 12 Plumbing 49 TOTALS 229 INSPECTIONS Building 555 Electrical 139 Mechanical 37 Plumbing 342 TOTALS 1073 UNSAFE STRUCTURE CASES 4 CODE 11 Page 463 of 486
ENFORCEMENT (Carmen Quinn) • Continuing code coverage at Dolphin Stadium Events. • Conducted combined MGPD & MGCE operations to address illegal night club activity. • NSP: Developed,
prepared, and submitted job specifications for the proposed Grant Coordinator-pending HR response; prepared and submitted for consent agenda three (3) NSP Real Estate Consultant Service
Non-Exclusive Agreements for the Acquisition and Disposition of city properties; assisted with preparation of associated agenda cover – council passed item on January 14, 2009. Prepared
decline letters for soliciting realtors not selected for council’s recommendation; attended Casa Valentina Board meeting w/ACM. • Began inspecting and researching potential foreclosure
“ready” properties: burnt house on 50 NE 2090 Terr., tagged as unsafe structure. • Reviewed budget line items w/staff. • Coordinated citywide clean-up (overgrowth & board-ups) for the
holidays. COMMUNITY OUTREACH • Deputy Director met with management staff at Dolphin Stadium to strategize for the January 2009 games PERSONNEL Staff Development • Director, Deputy Director
and all Business Tax Office staff attended the Florida Association of Business Tax Officials monthly meeting and Holiday Luncheon. • All CEO’s attended the Gold Coast Association of
Code Enforcement (GCACE) network and training. • Staff met with IT staff to work on the code enforcement website • Deputy Director and code Supervisor represented the department in Miami-Dade
County Court on the M&M store case • Staff attended the City of Miami Gardens holiday party • Deputy Director represented Code at the DRC meeting • Deputy Director met with the City
lot clearing contractor • Deputy Director met with the City property board up and securing contractor 12 Page 464 of 486
• Recruitment process continuing to fill one Administrative Assistant vacant position • Held Employee Communication Forum Re-Election. • Conducted general staff meetings. • Completed
and administered 3 performance evaluations. CODE Stats: October November December January March January Business Tax Receipt Inspections 83 78 59 Certificate of Use Inspections 80 77
59 Landlord Permit Inspections 271 59 23 Warning Notices Issued 365 270 268 Civil Violation Notices Issued 144 107 87 Re-Inspections 557 439 706 Special Master Hearings 40 23 21 Massey
Hearings 60 34 64 Lien Reduction Request Hearings 4 7 2 Extension Requests 44 40 40 Complaints Received 160 103 114 Proactive Cases 284 261 339 Cases Closed Within 30 Days 316 215 198
Cases Closed Within 60 Days 19 10 23 Cases Closed Within 90 Days 19 24 92 Special Operations-Code 11 9 0 Special Events 0 0 0 Illegal Signs Removed 743 855 839 Phone Calls Received by
CEOs 250 174 208 Parking Tickets Issued 16 50 54 Lien Searches 72 56 89 Joint Operations-MGPD 4 4 2 PD Requests for CE 29 9 4 Stormwater Postings 0 0 7 Abandoned Vehicles -Tagged 16
17 28 13 Page 465 of 486
Abandoned Vehicles -Towed 3 1 3 Dolphin Stadium Seasonal Detail October November December January February March Illegal Scalpers Cited 136 52 14 Illegal Vendors Cited 3 9 0 Illegal
Panhandlers Cited 1 0 0 Illegal Rental of Parking Spaces Cited 6 2 0 Illegal Broadcasting 1 0 0 Licensing Stats Oct/Nov Nov/Dec Dec/Jan Jan/Feb Feb/Mar Mar/Apr Business Tax Receipts
29 142 122 Certificates of Use 19 43 96 Alarm Permits Issued 49 58 383 Landlord Permits 7 12 17 ASSISTANT CITY MANAGER (Vernita Nelson) • City Hall Expansion – AC unit upgrade is complete.
Wiring for network and install upgrades to fire safety equipment in Suite 300 still on-going. Suite 300 of Building 6 will house Parks & Recreation, MGPD, School Crossing Guards and
Special/Capital Projects. • City Council – Working on several projects such as Shakespeare in the Gardens, Fit & Fine in 2009, Future Men of Miami Gardens Mentoring Program, Financial
Literacy Campaign • Fleet Division – Working side-by-side, during time of staffing transition, to ensure quality support service. Also working with Finance Department to streamline payment
procedures. • Media & Events Division – Continue to assist with coordinating logistics (venue, talent, sponsorship, marketing, etc.) for 2009 Jazz in the Gardens and 2009 Miss Miami
Gardens Pageant. 14 Page 466 of 486
• Parks & Recreation Department --Continue to oversee and assist with several capital improvements projects: upgrades park signage and flag poles at various locations, tennis and basketball
courts at Rolling Oaks Park, tennis courts at Norwood Park, North Dade Optimist Park and Miami Gardens Community Center. • Information & Technology Department – Assisting with website
updates. • Procurement Division – Assisted with various bids and quotes: Continuing Engineering /Surveying /Planning Services, Aquatic Management Services, City Hall Janitorial Services.
• Community Outreach – Draft quarterly work plan with staff, which will include Elderly Affairs Initiatives, Volunteer Coordination, Outreach Activities, Commission on Status of Women,
and the Mayor’s Adopt a School Initiative. • Worked with Departments/Divisions to bring several resolutions before Council for approval. • Weekly Department/Division Meetings • Miami
Gardens /Opa Locka Youth Violence Initiative – The grant-funded Project Director position has has been filled. Continue to work with partners to fulfill scope of work for Year 2 of this
Children’s Trust grant. Submitted draft scope of work and budget to Children’s Trust staff for Year 3, which is scheduled to begin in February 2009. Attended Coalition meetings. • Community
Assessment Team –Working with Miami Carol City Senior High School’s Administration and CAT to address school level, regional level, and community level issues which may hinder student
performance. • Conducted Progressive Young Adults Committee meeting on Saturday, January 10th. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Currently we are in the process of
planning Jazz in the Gardens and working diligently to acquire sponsorships for the 2009 event. All headline artists for the event have been confirmed and we are in the process of finalizing
contracts. These artists are Maze featuring Frankie Beverly, Common, Erykah Badu, Anthony Hamilton, Kenny ‘Babyface’ Edmonds, Jonathan Butler, Kenny G, Angelique Kidjo, Roy Ayers and
Will Downing. Tickets go on sale on January 30, 2009 through Ticketmaster. Event advertising begins the one week two weeks prior to ticket on-sale date. Visitors to www.jazzinthegardens.com
can register to receive updates, blog, view pictures from past events, or look-up information for the 2009 event and also learn bout group sales. Vendor booths and sponsor opportunities
are also available. Applications are on website. • The City’s 5th Annual MLK Celebration will be held on January 19, 2009, from 12 noon to 6pm at Miami Carol City Park. We look forward
to a successful and uneventful day. There will be free rides and entertainment for all those attending. Only items that must be purchased are from the vendors who are participating in
the event. At this juncture we 15 Page 467 of 486
have over 15 vendors selling food, arts and crafts. Parking and admission are free. The entertainment line-up is quite exciting with all artists coming from the local area. This year
there will be no major headline artist due to the fact that most celebrities will be attending the presidential inauguration. Leading up to the main event, the annual literary contests,
specifically the Poetry and Oratorical, provide residents an opportunity to showcase their oratory skills through the art of poetry and essays, speaking directly to the link between
Dr. Kings’ dreams and making Miami Gardens a better place to live. The Service for Peace organization has planned a MLK Day of Service project that will unite volunteers to clean the
canal along Audrey J. King Park. Additionally a “Break-Out Artist Contest,” held on January 10th gave local singers and dancers an opportunity to audition “Idol” style for a slot on
the main MLK stage. In all, these activities are designed to create many opportunities for community participation. Thanks to the contributions of the members of the MLK Committee, our
sponsors, and the MGPD (for organizing security and traffic) we are certain to have a successful event. Visit www.miamigardensmlk.com for more information. • We currently have 10 young
women who are participating in the Miss Miami Gardens Pageant, vying for the 2009 title. The pageant will be held at FMU’s Lou Rawls Performing arts Center on February 21, 2009 at 7pm.
Tickets are currently on sale for $10 each. Although recruitment is officially over, we are still accepting applications for young ladies between the ages of 17 -24 living and/or attending
school in the City of Miami Gardens are eligible to participate. Thus far information regarding the Pageant has been disseminated to all the churches, and schools within the Miami Gardens
area. The information has also been sent to schools outside of the area. Radio, internet and newspaper ads are also circulating the information. Applications and information are available
online at at www.missmiamigardens.com. Sponsorship opportunities are available for as low as $500 to help support the Miss Miami Gardens Scholarships. • Coordinating with the Parks and
Recreations Department to produce marketing collateral in an effort to promote and advertise Shakespeare Miami’s production of the play “Macbeth.” This production will be featured at
FMU from January 22-25, 2009, and parking and admission are free. • The January 2009 online newsletter was delivered to over 3000 subscribers. In addition to the online newsletter, an
e-blast has been created that will be used to distribute all press releases, event announcements or other special announcements to media and members of the South Florida community. •
Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items of the sort. We are also placing advertisement and purchasing
media for other departments. PURCHASING (Pam Thompson) 1. Prepared and issued two bids/RFP: Purchase Portable Portable Pitcher Mounds Miami Gardens Drive Beautification Project 2. Prepared
and issued five quotations: Purchase Mower Blades 16 Page 468 of 486
Purchase Grass Seed Purchase Fire Extinguisher Equipment Repairs to Courts @Brentwood Park Purchase Open Utility Trailer 3. Preparing specifications for the following: Printing Services
– city wide Annual Contract for Storm Drain & Canal Maintenance Long & Short Term Disability Insurance Installation of Security System – City Hall Annual Contract for Wiring/Cabling
Services CDBG Demolition Services Municipal Marketing Installation of Vita Course @Brentwood Park Purchase of 2009 Fleet Vehicles 4. Issued 133 Purchase Orders 5. Continue to maintain
Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into
Contract Management (ongoing) 9. Continue entering vendors into Bids & Quotes – bid vendors (ongoing) 10. Assist IT with preparation of vendor on-line registration Purchases $25,000-$50,000
Date Vendor Service/Project Amount 01/13/09 Leadex Renovation Poolhouse @Norwood $49,450.00 01/07/07/09 Concertz JIG stage, etc. $164,850.00 INFORMATION TECHNOLOGY (Ronald McKinze)
Corrected Configuration of NICE Server for recording of all phone calls and radio messages at Police Department. All call now recorded from Server room each time the phone goes off hook.
All radio call recorded from base. Performed backup on NICE server, downloading all previous recorded calls and radio conversations from March 2008 to present. All data is on DVD.
Set up process for backup, so now items are backed up weekly. 17 Page 469 of 486
Created Database for all city issued Mobile users. Now in the process of identifying each phone user and sending detailed call logs to supervisors for verification and approval.
Sent out memo to all staff informing them about a new policy sating that text messaging is not included on city phones and that all city phones would have that featured turned off.
Performed Cable Management in Code Closet and in PW Closet. Rebooted All servers to clear temp files and perform updates Purchased additional Laserfiche licenses Purchased Call
Accounting Software. Installed Switch and server needed for Suite 300. Moved Staff into remodeled space in Suite 400. Renewed External Web Hosting site contract for our DR Web
Site. Completed Public Records Request items for Brigham Moore. Set up Lab at PD and conducted Red Light Camera Training for PD. Activated and uploaded additional antivirus
definitions for Trend. This has helped to quarantine and delete the viruses were have been getting for the past two months. Gave Access to Legal Advisor “Tiffany” to re-record main
greetings. Main greetings have been recorded. Additional recording must take place for some of the sub menus. Updated presence for many departments on the Website. Posted Annual
Budget on Website (this year and last years). Working on elevation certificates database on Website and conducting monthly Website Steering Committee meetings to keep users informed
and involved. Set up wireless access for CMG staff for all council meetings. Also deployed UPS throughout the Council Chambers so that all staff with laptops have to the ability to
connect to the network during the staff meeting and have both network and power access. Sent staff to Leadership training and ISA (Web Access Management) training. Deployed additional
laptops to Department Heads and individuals that are on the Hurricane Preparedness Response Team. Continuing work with EDEN Improvement Initiative. 18 Page 470 of 486
Completed low voltage wiring in Suite 300. High Voltage wiring already ordered and will begin upon completion of low voltage wiring. o Significant Issues L3 cameras at PD still
having issues. L3 came on site and said they would re-aim the antennas. Also left some replacements and said they would be more responsive. Issues continue to overheat, and we are not
having issues with backups. Currently working with L3Cabling in City Hall Computer Closet needs to be redone. Cabling to tight to troubleshoot wires. Will schedule weekend work to clean
things up in Feb. One Power supply on 4507 Switch went bad. Cisco to send a replacement this week. Drive on one tape backup system went bad. Sending in for repair this week.
Working on cancelling all Satellite phones until next hurricane season. Working aggressively to improve EDEN experience. Most major issues have either been resolved or are being worked
on for most departments. Additional equipment needed for redundancy of CAD, RMS and other services as PD. Cost for all equipment expected to exceed $50K. Now looking at enterprise
capacity planning, virtualization and redundancy that may encompass the redundancy needed for CAD and RMS. o Schedule Status Office 2007 deployed to 99% of CH users and all of PD
users. New Antivirus software deployed to 100% of CH users and all of PD users. Purchased Call Accounting System. Looking to deploy system by end of Feb. Looking to deploy EDEN
Customer Request module by end of Feb. Looking to configure and deploy ISA Server by end of March Looking for Asset Management System o Travel Activity Ricardo and Mbaxi attended
new Managers Training in January ’09. Tristan scheduled to go to ISA (email monitoring system) training January ‘09 Claude Charles scheduled to go to ICND2 Cisco training in January
’09. Tristan and Claude scheduled to attend Time Management Course February ‘09 Ron scheduled to go to Project Management for Results course February ’09. Gardimyr Scheduled
to attend Microsoft Course in February ‘09 19 Page 471 of 486
Tristan and Ricardo, scheduled attend Project Management Course February/March ’09. Sylvia scheduled to attend Microsoft Course in April ‘09 Mario scheduled to attend Cisco
Boot Camp March ‘09 Chas scheduled to attend Microsoft Course March ‘09 Tristan and Ricardo, scheduled attend Project Management Course February/March ’09. Mbaxi scheduled to
attend Web Master Development conference March ‘09 Ricardo scheduled to attend Microsoft Annual Conference May ’09. Sylvia and Chas scheduled to attend AVAYA conference May ‘09
FLEET SERVICES (Orlando Wray) • Fleet Service Representative responded to multiple service calls for Police Department, Public Works and Park maintenance addressing their concerns. •
Replaced spotlight bulbs and missing Hub Caps on Patrol Cars. • Obtained pictures and estimates of damage on crashed vehicles; forwarded to Risk Management for review. Respond to issues
addressed on weekly checklists. • Check Vehicles and refer to appropriate vendors for repairs. Visits made to relevant body shops for visual vehicle repair status and updates in all
departments. • Schedule service calls with vendors to repair equipment at our Public Works facility. • Drop off and pick up vehicles at various service locations. Maintain Spare tire
inventory located at the police department. • Fleet services Administrative assistant attended weekly meeting with Assistant city manager regarding Fleet issues and concerns. • Attended
weekly meeting with procurement; meeting was for collecting vendor and product information for requisition preparation. • Mileage reconciliation completed on fleet inventory to order
to assist in vehicle scheduling to appropriate service facility. • Weekly meeting with Public Works Operations manager regarding vehicle parts, service and bulk oil purchase for the
fiscal year. • Attended daily roll call with the Police department for two days; facilitating weekly equipment checklist training. 20 Page 472 of 486
• Follow up on Public works vehicles in repair status. Collected invoices not received from various departments from Maroone. • Met with drive thru car wash vendor regarding second facility
available for use. • Received on invoices for service, parts and repair. Review fuel receipts and checklists from all departments to perform fuel reconciliation report. PARKS & RECREATION
DEPARTMENT REPORT (Kara Petty) A.J. King Park • There are twenty-three children enrolled in the After-School program. The children are engaged in various activities such as homework
assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing
taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. Brentwood Park • There are thirty-nine children enrolled in the After-School program. The children are
engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math
and science skills. • The Winter Wonderland Program operated the last week of December and the first week of the January. The 31 children enrolled were engaged in various indoor and
outdoor activities, fieldtrips and special guest. • Seniors are meeting every Monday, where they enjoy social interaction and some recreation activities. Seniors attend the Christmas
Pageant in Fort Lauderdale, where they enjoyed numerous musicals and plays. • New bleachers and players benches were delivered to the park. Buccaneer Park • There are twenty-two children
enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess and tennis.
In addition, certified teachers improve their reading, math and science skills. • The Winter Wonderland Program operated the last week of December and the first week of the January.
The 4 children enrolled were engaged in various indoor and outdoor activities, fieldtrips and special guest. • Seniors attend the Christmas Pageant in Fort Lauderdale, where they enjoyed
numerous musicals and plays. • The senior program had a two week recess due to Winter Wonderland Program for school children. However, the seniors resumed their meetings on January 7th.
• On Tuesdays through Thursday from 9:00-10:30am seniors get fit in Line Dancing. • Monday through Thursday from 6:30-7:00am the seniors exercise around the park. • There is line dancing
offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. Bunche Park • There are 11 children enrolled in the Shining Stars After-School program. The children are engaged
in various activities such as homework assistance, arts & crafts, creative 21 Page 473 of 486
indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • Seniors attend the Christmas Pageant in Fort Lauderdale,
where they enjoyed numerous musicals and plays. • The senior program had a two week recess due to Winter Wonderland Program for school children. However, the seniors resumed their meetings
on January 9th. • There was a physical altercation between our staff and a group guys from the general public. Since then the staff has been removed and a watch order has been put in
place. Cloverleaf Park • Seniors attend the Christmas Pageant in Fort Lauderdale, where they enjoyed numerous musicals and plays. The senior program had a two week recess due to Winter
Wonderland Program for school children. However, the seniors resumed their meetings on January 7th. Lake Lucerne Park • There are sixteen children enrolled in the After-School program.
The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers
improve their reading, math and science skills. • There is line dancing taking place on Tuesday and Thursday nights from 6:30pm until 8:00pm. Miami Carol City Park • There are twenty-one
children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess,
and tennis. In addition, certified teachers improve their reading, math and science skills. • Due to construction, After-School programs and other rentals were moved to Myrtle Grove
Park. • The triple-wide portable has passed its final inspection. All school-age programs and rentals will resume at the park the week of January 12, 2009 • Walkers exercise around the
park starting 7:00a.m. • The park has been hosting Miami Carol City Senior High School soccer games. Myrtle Grove Park • There are nine children enrolled in the After-school program.
The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers
improve their reading, math and science skills. Norwood Park • There are 31 children enrolled in the Shining Stars After-School program. The children are engaged in various activities
such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills.
• The Winter Wonderland Program operated the last week of December and the first week of the January. The 12 children enrolled were engaged in various indoor and outdoor activities,
fieldtrips and special guest. • The tower on the North Dade field has been demolished in preparation for the upcoming renovations. 22 Page 474 of 486
Rolling Oaks Park • There are forty children enrolled in the After-school
program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified
teachers improve their reading, math and science skills. • There is line dancing taking place on Wednesday, 6:30pm until 8:00pm. • Seniors are meeting every Thursday, where seniors enjoy
social interaction and some recreation activities. • The resurfacing of the basketball courts has been completed. The backboards and rims have been installed and the courts are now open.
Scott Park • There are 24 children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative
indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • The Winter Wonderland Program operated the last week
of December and the first week of the January. The 36 children enrolled were engaged in various indoor and outdoor activities, fieldtrips and special guest. • Scott Lake Optimist is
having off season training Monday through Friday 6:30p.m.-8:30p.m. Vista Verde Park • Vista has been operating a Community program for school-age children. The program allows children
in the community to interact with others structurally. • During the Winter Wonderland the staff provided activities for the children in the community. Also, 10-12 children attended a
few of the fieldtrip activities. • The children in the community ages 5-12 also have the opportunity to participate in the drop in program where they will receive homework assistance,
outdoor activities, and a snack. The program will operate Monday through Friday. Athletics Sports Development: Hoops 4 Kids began on January 5. Practices are held throughout the week
and games are held on Saturdays at Rolling Oaks Park. Saturday Tennis: The instructional tennis program runs on Saturdays at Buccaneer Park starting at 9am. It will continue for the
entire school year and is $10 per month. We have 18 participants. Walking Club: The Walking Club currently has 24 members and we will be meeting monthly to set goals. Teen Programs For
the second nine weeks of the school year the Teen Leadership Academy has been focusing on Sports Media and Entertainment. The teens have enjoyed guest speakers and participated in field
trips that were geared towards these areas. We are now in the stages of wrapping up this track to begin our Government track on the 20th of January. 23 Page 475 of 486
The number of participants enrolling in our program has continued to increase. We now have 31 participants. Winter Camp-With funds from the Children’s Trust we were able to provide a
fun filled Winter break program for our teens. December 22nd, Jason Rosenhaus, the brother of Drew Rosenhaus, who both are agents for the NFL came in to speak to the participants about
their careers and the steps they took to get there. Our speakers also talked about the players they represent and the pros and cons of the lives of athletes. After an eventful day at
the park we enjoyed a night of recreation at Santa’s Enchanted Forest. • December 23rd, the teens went ice skating at Pines Ice Arena. • December 29th, we went to Sunrise Cinemas on
Las Olas to watch the movie, “Bedtime Stories”. • December 30th, we went bowling at Sparez in Davie. • January 2nd, we went to GameWorks. Recreation Staff Trainings Recreation Leaders
attended an administrative training at the FIU Metropolitan Center. Meetings Dec. 16: Miami Gardens Community Center finishes Dec. 17: Health and Fitness Initiative Dec. 18: Parks and
Recreation Advisory Board Dec. 19: Norwood Pool Renovation Dec. 23: Aquatic Management Dec. 30: Dolphin Stadium Event Preparation Dec. 30: MLK Event Jan. 5: Norwood Pool Renovation Jan.
5: Staff Training Jan. 5: FLYAA Board Meeting Jan. 5: Website Steering Committee Jan. 6: Recreation Leaders Jan. 6: MLK Event Jan. 8: Council Agenda Jan. 12: Director’s meeting Jan.
13: Management Team meeting Jan. 14: Parks Projects Jan. 14: City Council PARKS MAINTENANCE DIVISION A J King Park 23 Janitorial visits to clean up park site 12/10 & 12/29 Stripped
& Waxed 24 Page 476 of 486
3 Landscaping visits Grass cut & watered grounds 12/15 Backfilled with sand in low spots 12/16 Removed dead plants and shrubs from plant bed 1/5-1/6 Fertilized football
field and plants 12/18, 1/2 & 1/9 Inspected and troubleshot system 23 Trash removal Andover Park 17 Janitorial visits to clean up park site 2 Landscaping visits Grass
cut & watered grounds 12/15-12/16 Worked on a broken main line 12/16, 12/18, 1/2 & 1/9 Inspected and troubleshot system 17 Trash removal Brentwood Park & Pool 39 & 23 Janitorial
visits to clean up park site 2 & 3 Landscaping visits 1x & 0x Premises blown 12/13 Stripped & Waxed Grass cut & watered grounds 12/18 , 1/2, & 1/9 Inspected and troubleshot
system at pool as well 1/6 (pool) Fertilized grounds 39 & 23 Trash removal Buccaneer Park 24 Janitorial visits to clean up park site 3 Landscaping visits Grass cut & watered
grounds 12/18, 1/2 & 1/9 Inspected and troubleshot system 12/29-12/30 Fertilized grounds 12/30 Installed 5 irrigation heads 12/30 Changed some quick connect and replaced
them with Roto heads 12/31 Ran new lines to upgrade the system and made some broken line repairs 24 Trash removal Bunche Park & Pool 39 & 18 Janitorial visits to clean up park
site 2 & 2 Landscaping visits Grass cut & watered grounds 35x & 0x premises blown 12/18, 1/2 & 1/9 Inspected and troubleshot system 12/23 (pool) Inspected and troubleshot
system 12/23 Fertilized grounds 1/6 Sprayed trees, fence line and baseball field 39 & 18 Trash removal Cloverleaf Park 19 Janitorial visits to clean up park site 25 Page
477 of 486
2 Landscaping visits Grass cut & detailed grounds 12/18, 1/2 & 1/9 Inspected and troubleshot system 12/19 Changed some broken heads 19 Trash removal Inspection Station
13 Janitorial visits to clean up site 12/13, 12/21, 12/23 & 1/9 Cleaned trucks Premises blown 1x 3 Landscaping visits 12/13, 1/2, 1/7 & 1/9 General maintenance on equipment
(check oil, sharpen blades, etc) 12/31 Hauled soil to Rolling Oaks 13 Trash removal Jordan’s Landing 1 Landscaping & Trash removal visits Lake Lucerne Park 24 Janitorial
visits to clean up park site Premises blown 2x 2 Landscaping visit Grass cut & watered grounds 12/18, 1/2 & 1/9 Inspected and troubleshot system 1/6 Fertilized plants
and trees 24 Trash removal MGPD 4 Janitorial visits to clean up site 4 Trash removal Miami Carol City Park 62 Janitorial visits to clean up park site 12/31 Stripped &
Waxed 1 Landscaping visits Grass cut & watered grounds 12/18, 1/2 & 1/9 Inspected and troubleshot system 12/24 Changed a broken valve 62 Trash removal MGCC Acreage
6 Landscaping visit 1/2 Pruned palm tree on northwest corner 6 Trash removal Miami Job Corps 39 Janitorial visits to clean up park site 0 Landscaping visits 26 Page 478 of
486
Grass cut & detailed grounds 39 Trash removal Mt. Herman 0 Janitorial visits to clean site 1 Landscaping visits 1 Trash removal Myrtle Grove Park & Pool 18 & 18 Janitorial
visits to clean up park site 2 & 2 Landscaping visits Grass cut & watered grounds 12/18, 1/2 & 1/9 Inspected and troubleshot system 18 & 18 Trash removal North Dade Opt
39 Janitorial visits to clean up park site 1 Landscaping visits Grass cut & detailed grounds 12/17 Repaired a broken line 1/5 Flushed out zone 6 39 Trash removal Norwood
Park & Pool 18 & 18 Janitorial visits to clean up site 3 & 3 Landscaping visits 12/18, 12/29, 1/2 & 1/9 Inspected and troubleshot system 18 & 18 Trash removal Risco Park
39 Janitorial visits to clean up park site 0 Landscaping visits 39 Trash removal Rolling Oaks Park 18 Janitorial visits to clean up park site 2 Landscaping visits Grass
cut & detailed grounds 12/18, ½ & 1/9 Inspected and troubleshot system 18 Trash removal Scott Park 39 Janitorial visits to clean up park site 2 Landscaping visits 12/13
Stripped & Waxed Premises blown 37x Grass cut & trimmed trees 12/15, 12/17, 12/22 & 12/24 Set up the quick connect for the baseball field 12/18, ½ & 1/9 Inspected and troubleshot
system 1/6-1/8 Worked on installing the flow meters 27 Page 479 of 486
1/9 Sprayed field 39 Trash removal Vista Verde Park 23 Janitorial visits to clean up park site 1 Landscaping visits 12/18, 1/2 & 1/9 Inspected and troubleshot system
23 Trash removal 201st Street and 39th Ave. 0 Landscaping visit 0 Trash removal 20357 NW 38th Court 0 Landscaping visit 0 Trash removal 183rd and 14th – 17th Avenue 0
Landscaping visits 0 Trash removal ASSISTANT CITY MANAGER FOR BUSINESS SERVICES (Dan Rosemond) Assistant City Manager Tasks We are making progress toward completing the final portion
of this process. At this point all revised documents have been submitted to the consultant and the retreat has been scheduled for Friday, February 27, 2009. It is expected that once
staff completes this strategic planning process, we will be right on time to begin our budget preparation cycle and it is anticipated that the adopted strategic planning document will
serve as a solidified road map for budget purposes. As a result of a slowing economy, the Development Services unit continues to be a challenge from a fiscal perspective. It has been
my arduous task to evaluate both the Building & Planning/Zoning Departments to identify improvements to business processes to off-set the lack of revenue. So far it is evident that staffing
in the Building Department is above the necessary levels given the volume of permits being requested. In the coming weeks, serious consideration will be given to this issue. In order
to get to that point, an assessment of the leadership in this Department is underway. A memo to the Department Director was provided outlining a detailed corrective action plan which
includes budgetary considerations. In the Planning & Zoning Department, staffing is very small. However, there is an opportunity to review processes that seek to improve operations.
One such process being reviewed is the Development Review Committee. Staff has met with several key departments to get their input on recommended changes and we will also be benchmarking
effective practices from other cities. The desired outcome of a revised DRC process is greater participation by city staff as well as a more streamlined and efficient experience by developers
seeking to do projects within the City of Miami Gardens. 28 Page 480 of 486
Following-up the presentation on subsidized housing to City Council, staff was directed to do further analysis on this subject which will include a comprehensive town hall meeting
with key stakeholders. In the meantime, a moratorium on re-zoning for multifamily projects has been approved on first reading. This will allow staff and Council to discuss this condition
further and chart out the appropriate land use policies going forward. I have been working with IT staff to address the EDEN issues that have been raised in the past by Development
Services staff. So far, Planning & Zoning has provided a detailed list of the issues and IT has provided responses, including expected delivery dates for completion of required tasks.
It should be noted, however, that not all of the items listed as EDEN issues are indeed such. Some are specific to business practices being followed and need to be addressed accordingly.
Community Development Director Tasks During this reporting period, CD staff is pleased to report the completion of the City’s first Replacement Home Project which is located at 3511
N.W. 213 Street. This home belongs to Dorothy Morrison, a long time city resident. She is an elderly, low-income woman who works part-time as a teacher. The original structure was built
by her father, but after many years the structure of the house was not safe. The City invested approximately $180,000 in SHIP & CDBG funds that were used for demolition and new construction.
In an effort to better address the needs of many homeowners, staff has negotiated with NHS (Neighborhood Housing Services) to have an on-site staff member to assist with residents
facing foreclosure. A couple of months ago the City determined that establishing a “resource center” would be a prudent measure to ensure the required outreach and assistance to our
residents. NHS will enter into a sub-recipient agreement with the City that will outline their responsibilities and the fees to be paid to them for their services rendered. CD staff
has provided 2 modifications to the NSP document submitted to HUD as they have requested. The modifications requested were not substantive to the plan, but rather required expansion
on explanation of terms (i.e. area of greatest need) and format. Since submitting the last edit, no additional changes have been requested and staff is anticipating formal approval of
the plan in the form of an executed contract from HUD. In the meantime, staff has worked to put in place several administrative components of the plan to ensure expediency in carrying
out the specified activities. Completed and submitted the Consolidated Annual Performance and Expenditure Report (CAPER) for program year 2 as required to HUD. It should be noted,
however, that staff failed to satisfy the advertising requirement within the submission period. As required by Florida Housing and Finance Corporation, CD staff submitted the Affordable
Housing Advisory Committee Annual Report. 29 Page 481 of 486
Participated in the following meetings: Meeting with Lowell Crawford and partner, along with Antranette Pierre (1-2-09) re: possible hotel development in the City. Meeting with
Mayor and developer (1-6-09) re: proposed new charter school on empty lot on NE corner of 183rd Street & 37th Avenue Meeting with Mayor and developer (1-13-09) re: proposed assisted
living facility at the old parkway hospital site Meeting with Councilman Campbell & ACM Vernita Nelson (1-14-09) re: Neighborhood Communication Initiative DEVELOPMENT SERVICES (Jay
Marder) PLANNING – Jay Marder and Bhairvi Pandya • Capital Improvements Element – Compliance Notice – Received DCA’s Notice of Intent to declare the City’s plan amendment “In Compliance”
on January 20, 2009. Notice is posted on the City’s web site per Florida Statutory requirement. Attended South Florida Regional Planning Council meeting to review the City’s Plan Amendment.
• Subsidized Housing – Placed subsidized housing data and map on the City’s web page. Working Working with Police Department to map crime incidents. Completed and mailed letter to Miami-Dade
County regarding impact fee waivers for affordable housing. Assisted with multiple family moratorium materials, including required advertisement. • Water Supply Facilities Amendment
to Comprehensive Development Master Plan – Ongoing-Now that the required Capital Improvements Element List of Capital Improvements amendment is complete and in compliance, staff is moving
back to required Water Supply related amendments which will involve amending several elements of the CDMP. LAND DEVELOPMENT REGULATIONS -Jay Marder, Bhairvi Pandya, Cyril Saiphoo • Part
II, Revised Schedules of Regulations, Standards and Criteria o Presented to City Council on January 7, 2009 o Printed and Distributed Draft to Council, Staff and Ad Hoc Review Group
o Placed Part II, Schedule of Regulations, Standards and Criteria onto City’s web site o Completed Draft Zoning District Map o Developed Review Schedule with Adoption set for June 2009
o Staff is carefully reviewing the completeness of the most recent deliverable from planning consultants. A status report will be provided at the Zoning Meeting of February 4, 2009 •
Sign Code – Council adopted amendments at January 7, 2009 meeting. o Revising Sign Applications to reflect recent amendments o Revising Sign Code Document Per Amendments o Revised Sign
Permit Process with Building Department -Met with Building Department to coordinate sign permitting. The Building Department will now accept 30 Page 482 of 486
sign permits only when accompanied with a Sign Plan approved by the Planning and Zoning Department and an affidavit that such plan is approved for the property in question. Also provided
the below “Sign Process” chart for Building Department’s use with customers. • Dolphin Center DRI – Met with Miami Dade County Assistant County Manager Alex Munoz, Planning and Zoning
Director Marc Ferrier and Building Official Charlie Danger regarding permitting issues. Meeting included City Manager Danny Crew, Deputy Manager Renee Farmer, Acting Assistant City Manager
Danny Rosemond, Development Services Director Jay Marder and City Attorney Sonja Dickens. As suggested by City, County to research the feasibility of achieving City permitting authority
for the westerly-most vacant parcel at the northeast intersection of NW 27th Avenue and 199th Street because that is the property that would most effect the City when developed. ZONING
– Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Development Review Committee -Working with the Assistant City Manager to reassess the Development Review
Committee function, how the review process can be improved and especially defining the process for the city’s new Zoning Code/Land Development Regulations. Currently the City is operating
under the Miami Dade 31 Page 483 of 486
procedures which do not formally have a Development Review Committee. Attended a “benchmark” Development Review Committee meeting in North Miami Beach. Drafted city procedures and researched
other jurisdictions. o Held DRC meeting for JPM Enrichment Centre, coordinated comments from staff, traffic engineering. Prepared comments for applicant. o Held DRC meeting for Gatehouse
Developments for Jasmine Laurel project. Coordinated staff comments and traffic engineering comments. Prepare comments for applicant. o Set Up Intranet Site for DRC – Set up DRC location
on the City’s Intranet with DRC review forms for use by Planning/Zoning, Public Works/Engineering, Police and Building Departments. • Public Hearings o Prepare Calder Casino application/staff
recommendation package revisions for Council; various meetings with applicant, traffic consultants, and Public Works. o Prepare Rezoning application for 550 NW 199 Street from RU-1 to
RU5A. o Prepare amendments to Sign Code for second reading before City Council. o o Prepare ROW dedication for sidewalk for new Credit Union building on 441. o Prepare Waiver of Plat
approval for Pentecostal Church. • Building Permits o Conducted 60 building plan reviews o Conducted 15 site inspections • Sign Code Permits: o 7 sign plan permits processing o 2 window
sign permits processed o 2Temporary sign permits processed o Note: Sign Plan application fees were greatly discounted at sign code adoption. Many businesses are aware of the code and
are submitting their plans. These plans will eventually result in Building Permits • Zoning Verification Letters o Processed 2 Zoning Verification Letters including a request for a group
home facility for the old Parkway hospital building. The proposed facility would be for elderly persons and would require a public hearing. o Discussed a potential multi-story office
building at the old Parkway hospital site. • Address Assignments o Processed 2 new Address Assignments; • CRHs o Processed 5 CRH (Community Residential Home or Group Home) 1,000’ radius
verification letters; in addition, sent letters to old approved applicants to determine if any action has been taken to establish a CRH in order remove from “approved” inventory of homes
if no action taken. o Field Inspection of 2 CRH on list but not verified in operation as part of ongoing data base update. • Certificate of Uses o Reviewed 65 Certificate of Use/Occupational
License Applications o Denial of 2 CU applications • Plats o Plat application processed Norwood Final Plat sent to review to surveyor. o Tentative plat approval granted for Calder Race
Tract processed and reviewed o Plat application for Warren Henry sent for review to surveyor. 32 Page 484 of 486
o Expert Village plat processed and reviewed by surveyor. City staff to review future status of unopened east-west street (177th) between 27th Avenue and 25th Avenue. o Pentecostal Church
waiver of plat approved by surveyor, prepare for City Council agenda. • Special Requests: o Prepare final response letter for Somervale apartments (Ellington) on development rights.
Propose another building in between other three existing buildings. • Enforcement: LJ Banquet Hall inspection and CU determinations. Site inspections with Code Enforcement for use determination.
• Palmetto Gardens Plaza – Reviewed issues with developer/owner including the need for a public hearing to vary outdoor play area requirements in order to establish an indoor play area
for a day care facility. • City Hall Office Complex – Met with owner to discuss signage • Majorca Isles Community Development District Expansion – Met with DR Horton representatives
to review progress on resolving stormwater issues in Tract J. Decided that a performance bond would provide the city with guarantee that permitted work would be done. Awaiting receipt
of bond. EDEN/IT Issues • Compiled list of IT and EDEN issues several of which involve developing standard operating procedures in administering the permitting process. • Parcel Refresh
– Decided on one month timeline to perform parcel refresh (updating parcel information in the system) using the Miami Dade County Property Appraiser data at present. Custom field data
to be integrated in the future. • Address Clean-Up – This is called the address validating process whereby duplicate addresses are merged to eliminate duplicates. Planning and Zoning
will implement this process once technical ability to do so is established. GIS – Bhairvi Pandya • GIS Maps- Created 9 Zoning maps for owner notification listing, Public Hearing Aerials
and Zoning maps (Rufus Joseph, Jasmine and laurel, Jesus People Ministries). Geographic Neighborhoods Map – Completed the map by adding in all remaining neighborhoods in the City.
Crime Analysis Map for Subsidized Housing-Continuing to work closely with the Police Department. Created a draft crime map related to Subsidized Housing by overlaying all 6842 crimes
on Subsidized Housing layer. There are 107 categories of crime. Discussion ongoing with Police Department to find best way to visualize data on map. Drafted New LDR Zoning Map: Updated
draft zoning map to reflect new proposed zoning districts for proposed CR, Community Facilities Zone. Religious Facility map: Ongoing-Coordinating with Public Outreach Department
to produce a Religious Land Use map for the City. Public Facility Map: Ongoing-Updating inventory prior to producing updated map. Planned Developments Map Update: Ongoing-reviewing
“existing” schedule, developed an updated project list and will now update the map. CRH Map: Completed a map update of existing and approved CRH facilities within Miami Gardens. •
Public Works Coordination – Continued support to PW’s GIS staff 33 Page 485 of 486
34 OTHER DEVELOPMENT MANAGEMENT AND PLANNING ACTIVITIES – • Park Signage – Continue to work with Capital Projects and Parks/Recreation to develop and process Sign Plans for the City’s
Parks, basically the monument signs. • Economic Development – With Capital Projects and Assistant City Manager, updated a development fact sheet for use by Councilman Williams • Census
– Completed and returned required Census form. • C onsultant Selection – Participated in selection process, review and scoring of presentations, development of questions for proposers.
• PLANNING INTERN -Benjamin J. Sens and Bhairvi Pandya o Community and Public Facilities Inventory-Completed updated inventory of new public and community facilitates o Re-Occupancy
Ordinance Research-Compiled Data o Subsidized Housing -Comparison of socio-economic data for subsidized housing cities-Ongoing o City-wide Contacts Master List -Merged all departmental
contact lists into one master list-Complete o Planned Developments Inventory-Ongoing o Foreclosed Homes -Maintenance of Foreclosed Homes Ordinance Research-Ongoing o CRH maps -Completed
individual 8 CRH/Group Homes applications with a 1,000 feet radius.. o CRH Homes Inventory update – Existing and approved CRH/Group Homes inventory -Complete o FHWA Roads -Reviewed and
Updated Inventory of FHWA Roads within the City for the Finance Department-Ongoing Page 486 of 486