HomeMy WebLinkAboutJuly 8, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 8, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: July 22, 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 – June 10, 2009 D-2) Regular City Council Minutes – June 24, 2009 Regular City Council Agenda (E) ORDER
OF BUSINESS (Items to be pulled from Consent Agenda at this time) July 8, 2009 Page 1 Page 1 of 223
Regular City Council Agenda July 8, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Charter Revision Commission Recommendations to City Council F-2) Chief Boyd – Miami Gardens
Police Department Monthly Report F-3) Proclamation – Parks and Recreation Month F-4) GFOA Distinguish Budget Award (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF FOUR MILLION DOLLARS ($4,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA LAND
ACQUISITION AND IMPROVEMENT REVENUE BONDS NOT TO EXCEED FOUR MILLION DOLLARS ($4,000,000); 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) H-2) AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF NINE MILLION DOLLARS ($9,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE
LAND ACQUISITION REVENUE BONDS NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000); 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) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC
HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 ENTITLED “MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS,
PAVEMENT AND Page 2 of 223
Regular City Council Agenda July 8, 2009 Page 3 LANDSCAPING" OF ORDINANCE NO. 2005-13-51, AS AMENDED, TO PROVIDE FOR ADDITIONAL REGULATIONS RELATING TO MAINTENANCE OF FENCES; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) I-2) AN ORDINANCE
OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR 2008-2009 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO
TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) I-3) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-03-175 TO PROVIDE FOR A TEMPORARY AMENDMENT TO THE CITY’S PURCHASING ORDINANCE IN ORDER TO AUTHORIZE THE CITY MANAGER
TO EXECUTE ANY AND ALL AGREEMENTS WITH CONTRACTORS IN REFERENCE TO THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO MIAMI DADE COUNTY FOR A SAFE NEIGHBORHOOD PARKS GRANT; AUTHORIZING THE CITY MANGER TO
EXECUTE ANY AND ALL AGREEMENTS AND ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS; 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 ISSUE A PURCHASE ORDER TO SOFTWARE HOUSE INTERNATIONAL, INC.,
FOR MICROSOFT PRODUCT Page 3 of 223
Regular City Council Agenda July 8, 2009 Page 4 LICENSES, IN THE AMOUNT OF $204,587.11; 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, AWARDING A FUEL CARD CONTRACT TO COMDATA CORPORATION IN AN AMOUNT NOT TO EXCEED THE ALLOCATED
FLEET FUEL BUDGET; IN ACCORDANCE WITH THE STATE OF FLORIDA BID 973-163-06-1, INCLUDING ANY CONTRACT RENEWALS, PENDING BUDGET ALLOCATION AND APPROVAL; 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 AN AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK IN AN AMOUNT NOT TO EXCEED $31,250.00; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; 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 MAYOR AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT “A” WITH ARNSTEIN & LEHR, LLP, FOR LEGAL SERVICES; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING INFORMED FAMILIES’
RED RIBBON WEEK TO BE HELD FROM OCTOBER 23RD THROUGH OCTOBER 31ST, 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONOSRED BY COUNCILWOMAN SHARON
PRITCHETT) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A JANITORIAL CONTRACT IN THE AMOUNT OF SIXTY EIGHT THOUSAND, SIX HUNDRED AND FORTY DOLLARS
($68,640.00) TO USSI FOR JANITORIAL SERVICES; AUTHORIZING THE CITY Page 4 of 223
Regular City Council Agenda July 8, 2009 Page 5 MANAGER TO ISSUE ANNUAL PURCHASE ORDERS, PENDING APPROVED BUDGET ALLOCATIONS, NOT TO EXCEED A MAXIMUM OF FIVE YEARS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THAT CERTAIN BOND COUNSEL AGREEMENT WITH JEFFREY D. DECARLO OF ADORNO & YOSS RELATING TO PROVISION OF LEGAL SERVICES IN REFERENCE TO A PROPOSED NINE MILLION DOLLAR
($9,000,000.00) LAND ACQUISITION AND IMPROVEMENTS BOND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN
THE AMOUNT OF NINE MILLION DOLLARS ($9,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT
WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION TO PURCHASE THAT
CERTAIN REAL PROPERTY DESCRIBED IN Page 5 of 223
Regular City Council Agenda July 8, 2009 Page 6 THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT “A” IN THE AMOUNT OF EIGHT MILLION, EIGHT HUNDRED THOUSAND DOLLARS (8,800,000.00) AUTHORIZING
THE USE OF PROCEEDS FROM A $9,000,000.00 LAND ACQUISITION AND IMPROVEMENTS BOND ISSUE 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) (L) REPORTS OF CITY MANAGER/CITY
ATTORNEY/CITY CLERK L-1) May 2009 Budget Status Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (O) 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 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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 x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: Bond Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: 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 FOUR MILLION DOLLARS ($4,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA LAND ACQUISITION AND IMPROVEMENT REVENUE BONDS NOT TO EXCEED
FOUR MILLION DOLLARS ($4,000,000); 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: At the June 24th Council meeting, Council voted to purchase the old Archdiocese property located
on NW 183rd Street and NW 12th Avenue. As indicated at that time, the purchase would require a small $4M bond issue in order to pay for the purchase. This is the first reading for the
ordinance that is necessary when the City borrows funds. At the July 22nd Council meeting, this ordinance will be heard on second reading/public hearing and will be accompanied by a
bond resolution setting for the details of the bond. ITEM H-1) ORDINANCE FIRST READING Land Acquisition Bond for $4 Million Page 7 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: That City Council approve the bond ordinance on its first reading. Attachment: Attached is a listing
of the City’s current bonded obligations. Page 8 of 223
ORDINANCE NO. 2009-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF FOUR MILLION DOLLARS ($4,000,000); AUTHORIZING THE ISSUANCE
OF CITY OF MIAMI GARDENS, FLORIDA LAND ACQUISITION AND IMPROVEMENT REVENUE BONDS NOT TO EXCEED FOUR MILLION DOLLARS ($4,000,000); 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 Four Million Dollars ($4,000,000), and to authorize the issuance of bonds not exceeding Four Million Dollars ($4,000,000) for the purpose of
financing a portion of the costs of purchasing land for, purchasing and renovating existing facilities for, and financing architectural, engineering, environmental, legal and other planning
costs related thereto for, the sites of a senior center, park, and other public facilities (the “Project”), 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, the local government half-cent sales tax, and 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”) 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. 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 Four Million Dollars ($4,000,000). The City Council further authorizes Land Acquisition and Improvement Revenue Bonds (the “Bonds”)
of the City, to be issued in an aggregate principal amount not to exceed Four Million Dollars ($4,000,000), in one or more series, for the purpose of financing the costs of the Project,
and paying costs of issuance of the Bonds. The Bonds shall be designated “City of Miami Gardens, Florida Land Acquisition and Improvement 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 {M1829739_2} Page 9 of 223
{M1829739_2} 2 be stated to mature in such year or years not later than twenty (20) years from their date of issuance, shall bear interest 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 and lien on the communication services tax,
the local government half-cent sales tax, and the utilities service tax, on a parity with the City’s outstanding $7,300,000 Taxable Land Acquisition Revenue Bonds, Series 2009, $2,000,000
Equipment Acquisition Revenue Bonds, Series 2009, $4,700,000 Land Acquisition and Improvement 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. SECTION
4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 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 shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage.
Page 10 of 223
{M1829739_2} 3 PASSED ON FIRST READING THE _____ DAY OF __________, 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. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 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 Campbell, Jr. (Yes) (No) Councilman Oliver Gilbert III (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Andre L.
Williams (Yes) (No) Page 11 of 223
Page 12 of 223
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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 x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: Bond Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: 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 NINE MILLION DOLLARS ($9,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED NINE MILLION
DOLLARS ($9,000,000); 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: Extraordinary time bring extraordinary opportunities. One such opportunity was the recent Warren Henry land
purchase and option. That deal provided the City with the opportunity to assist a major developer stay in the community while at the same time, giving the City a revenue source ($72,000
per year) and/or the opportunity to own a major commercial development site with the City at a price $2 million under appraisal. Now another major economic development opportunity has
been presented to the City for consideration. The Warren Henry deal set a high standard for City participation. As I described at the time, I wouldn’t recommend a deal that was not a
win‐win situation for the City. Now the City has been offered another development opportunity that I could also describe as a win‐win for the City and have secured a purchase option
to give City Council the opportunity to consider he offer. ITEM H-2) ORDINANCE FIRST READING Taxable Land Acquisition Bond for $9 Million Page 14 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Council is aware of the 46 acre commercial/residential development approved several years ago with Cornerstone Properties
on the east side of NW 27th Avenue, east and south of NW 191st Street. The development consisted of office commercial along NW 27th Avenue and 600+ residential townhouses in the area
behind the old police station south almost to the County Library. Cornerstone Properties has approached the City with a deal similar to that reached with Warren Henry. They are proposing
a similar arrangement; however, as an added incentive, they are willing to deed the two (2) commercial office lots immediately north of 191st Street along NW 27th Avenue to the City.
These lots have an appraised value of $2.5 million. They would be deeded to the City at the closing; allowing the City to immediately offer the lots for sale/development. Other particulars
would be similar to the Warren Henry transaction. They would propose an option to repurchase the remaining land and would pay the City monthly, non‐refundable option fees plus 1% for
our carrying cost (approx. $100,000/year). Upon issuance of their building permits, they could exercise the option and complete the project. All out‐of‐pocket costs of the transactions
would be borne by Cornerstone. In addition, any increase in the market value of the property during this period would be split 50/50 with the option as was the case in the Warren Henry
transaction. Currently, Cornerstone owes approximately $10 million on the property. They have about $3 million equity in the property. In order to complete the deal, the City would have
to issue approximately $9 million in Taxable revenue bonds. This would result in a yearly debt service payment of approximately $850,000. The City’s pledge for this payment would be
the electric franchise. I have also attached a memo from Daniel Rosemond detailing the economic development aspects of the proposal. As was the case with Warren Henry, if the option
is not exercised, they City would have the property to use in its economic development efforts. And like Warren Henry, the City would have to assume payment on the bond. It is anticipated
that that the marketability of this property would limit the City’s exposure; additionally, the City will have a new revenue source available at that time to help cover this cost – the
Calder Revenue. This could be used as a temporary bridge until the property is re‐sold. Recommendation: That City Council approves the bond ordinance on its first reading. Attachment:
Attachment #1 is a map of the property. Attachment #2 is a listing of the City’s current bonded obligations. Page 15 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 7 Acres to be retained by developer for senior residential development Property to be deeded to City at Closing
46 acres Wal‐Mart Library Future City Hall Site Page 16 of 2At2tac3hment #1
ORDINANCE NO. 2009-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF NINE MILLION DOLLARS ($9,000,000); AUTHORIZING THE ISSUANCE
OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000); 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, 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 Exhibits “A-1” and “A-2”attached
hereto, less the property described on Exhibit “A-3” attached hereto, from Cornerstone CW Commercial, L.L.C. and Cornerstone CW, L.L.C. (collectively, the “Company”), WHEREAS, the City
and the Company executed an Option to Purchase Real Property on April 29, 2009, WHEREAS, the City desires to authorize the borrowing of Nine Million Dollars ($9,000,000), and to authorize
the issuance of bonds not exceeding Nine Million Dollars ($9,000,000) 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 communication services tax, the local government half-cent sales tax, and 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”), 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. 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 Nine Million Dollars ($9,000,000). The City Council further authorizes Taxable Land Acquisition
Revenue Bonds (the “Bonds”) of the City, to {M1829716_3} Page 17 of 223
{M1829716_3} 2 be issued in an aggregate principal amount not to exceed Nine Million Dollars ($9,000,000), 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
2009B” 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 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 and lien on the communication services tax, the local government half-cent sales tax,
and the utilities service tax, on a parity with the City’s outstanding $7,300,000 Taxable Land Acquisition Revenue Bonds, Series 2009, $2,000,000 Equipment Acquisition Revenue Bonds,
Series 2009, $4,700,000 Land Acquisition and Improvement 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, 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. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 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. SECTION 6. EFFECTIVE DATE: This Ordinance will become effective
immediately upon its final passage. Page 18 of 223
{M1829716_3} 3 PASSED ON FIRST READING THE _____ DAY OF __________, 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. SHIRLEY GIBSON, MAYOR ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 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 Campbell, Jr. (Yes) (No) Councilman Oliver Gilbert
III (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Andre L. Williams (Yes) (No) Page 19 of 223
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Councilman Melvin Bratton Department:
Mayor/Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 ENTITLED “MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS,
FENCES, SIGNS, PAVEMENT AND LANDSCAPING" OF ORDINANCE NO. 2005-13-51, AS AMENDED, TO PROVIDE FOR ADDITIONAL REGULATIONS RELATING TO MAINTENANCE OF FENCES; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City Council adopted ordinance number 2005-13-61 ("Property
Maintenance Ordinance') in order to impose more stringent standards for property maintenance within the City. This ordinance provides guidance to the City’s Code Department, especially
in the residential area. The attached ordinance revision provides for additional regulations relating to fences within the City, to prohibit the use of fences for hanging clothes, rugs,
or other items. Proposed Action: Councilman Melvin Bratton recommends that City Council approve the amendment to the Property Maintenance Ordinance to provide for additional regulations
relating to fences within the City, to prohibit the use of fences for hanging clothes, rugs, or other items. Attachment: None ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Maintenance
of Fences Page 26 of 223
1 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING SECTION 12 ENTITLED “MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT AND LANDSCAPING" OF ORDINANCE NO. 2005-13-51, AS AMENDED, TO PROVIDE
FOR ADDITIONAL REGULATIONS RELATING TO MAINTENANCE OF FENCES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFECTIVE DATE. WHEREAS, City of Miami Gardens, adopted ordinance number 2005-13-61 ("Property Maintenance Ordinance') in order to impose more stringent standards for property maintenance
within the City, and WHEREAS, Councilman Melvin Bratton is recommending that the Property Maintenance Ordinance be amended to provide for additional regulations relating to fences within
the City, to prohibit the use of fences for hanging clothes, rugs, or other items, 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. AMENDING SECTION 12 ENTITLED “MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT AND LANDSCAPING” as follows: Page 27 of 223
2 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES,
WALLS, FENCES SIGN, PAVEMENT LANDSCAPING AND DRAINAGE FACILITIES. (1) The owners of all lots, improved and unimproved, residential, commercial, industrial or any combination thereof,
within the City shall maintain said lots, including any building structures (accessory or otherwise) walls, fences, signs, pavement and landscape, and drainage facilities in good and
safe condition, so as to present a healthy, clean and orderly appearance. All lots shall be kept free from any accumulation, storage, or maintenance of garbage, junk, abandoned property,
trash, litter, or solid waste. All vegetation shall be maintained to minimize property damage and public safety hazards, including removal of dying or dead plant material, removal of
low-hanging branches, trimming or removal of plant material obstructing sidewalks, street lighting lighting and safe sight distance triangles. All drainage facilities shall be kept free
of obstructions, sediments, or other waste materials and shall be inspected at least one time per year to ensure that this Section is complied with. "Drainage facility" shall mean any
system or components of a system, including but not limited to storm sewer inlets, catch basins, curb and gutter, retention or detention ponds, swales, manholes, junction boxes, culverts,
or other related components, designed to convey stormwater runoff and to dispose of runoff to appropriate and approved locations and or methods. (2) Every building, every accessory structure,
including but not limited to garages, carports, cabanas, storage buildings and swimming pools, every wall, fence and sign and every parking lot, driveway, deck, patio, drainage facility
and other paved surface shall comply with the following requirements: (A.) Every foundation and footer, every exterior and interior wall, roof, floor, ceiling, window and door, every
wall, fence and sign and every parking lot, driveway, deck, patio and other paved surface shall be structurally sound and maintained in good repair. (B.) Every building and structure
shall be kept in a clean and sanitary condition free from junk, trash, rodents, insects and vermin. (C.) Every exterior yard, parking lot, driveway and approach, patio, swimming pool
and deck shall be kept in a clean and sanitary condition free from junk, trash, rodents and vermin. (D.) The roof of every building and structure shall be maintained in a waterproof
condition and be well drained of rainwater. All roofs and gutters shall be kept free of debris, mold, mildew and faded or chipped paint and must be repainted, recovered or cleaned when
twenty-five (25%) percent or more of any exposed surface becomes discolored or is scaling. Page 28 of 223
3 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (E.) All exterior surfaces subject to deterioration shall be properly maintained
and protected from the elements by paint or other approved coating, applied in a workmanlike fashion. All exterior surfaces including walls, trim, doors and signs shall be properly maintained
in a clean and sanitary condition, free of dirt, mold, mildew and faded or chipped paint, and must be repainted, recovered or cleaned when twenty-five (25%) percent or more of any exposed
surface becomes discolored or is peeling. Exterior walls, rooftops, and other exterior features of structures shall be maintained free of graffiti. Cracks, holes and other similar damage
or deterioration shall be repaired in accordance with applicable codes. (F.) Every parking lot, and attendant drainage facility, driveway and approach, deck or other paved surface shall
be maintained free of cracks and potholes, and any required pavement markings shall be maintained in a clearly legible condition. Drainage facilities shall be kept free of all obstructions,
sediments, or other waste materials. Repairs to parking and paved areas or drainage facilities shall require prior permit approval of the Development Services and Public Works Departments.
Repairs shall be defined as: application of seal coating, resurfacing parking or alteration of paved areas, including the application of new striping. All work shall be performed in
accordance with the applicable code(s). Parking and paved areas shall be maintained free of deterioration. Deterioration shall be defined as visible holes exceeding a depth of two inches
and more than 5 square inches in area, damaged parking stops or missing striping or lot markings, including striping of parking spaces, required striping and pavement markings for disabled
parking spaces, as well as access ramps and access paths for wheelchair traffic. Parking areas and paved areas shall be maintained in accordance with the approved site plan as well as
all approved public works, building, or zoning permits and all other applicable codes and laws. 32 (G.) Items such as clothes, rugs, bedding or other miscellaneous items shall 33 not
be hung on, across or over fences, except in connection with a 34 bonafide yard sale to be held no more than twice a year. 35 36 37 38 39 40 41 42 43 44 45 46 (3) The owners of all improved
lots within the City shall maintain the landscaping on said lot in accordance with the following requirements: (A) Landscaping shall be maintained to prevent property damage and public
safety hazards, including removal of diseased dying or dead plant material, removal of branches hanging low over adjoining streets or sidewalks, and trimming or removal of plant material
obstructing sidewalks, parking lot and street lighting, and safe sight distance triangles. (B) Landscaping should be kept free of visible signs of insects and disease, and be irrigated
and fertilized to maintain a healthy condition. Additionally, Page 29 of 223
4 of 8 8519253.1 1 2 3 4 existing landscaping shall be irrigated, cultivated, and otherwise maintained as required by the site plan or City Code whichever controls. (C) Lawns and other
sodded areas (including easements, alleyways, and common areas) shall be mowed on a regular basis so that the grass does not exceed eight (8) inches in height. It shall be the responsibility
of each owner of an improved lot to undertake maintenance action on their lot to maintain clean and free of weeds, brush and undergrowth every calendar month. 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 (D) All pavement areas shall be edge-trimmed to prevent encroachment of sod and ground
covers. (E) Irrigation systems shall be maintained to prevent water loss due to damaged, missing or improperly operating sprinkler heads, emitters and pipes. The irrigation system shall
not over-spray public roads or sidewalks. (F) All lots should be maintained free of nuisance plant species, including but not limited to Brazilian Pepper, Australian Pine, and Melaleuca.
(G) The property owner is responsible for replacing any plant material required by this Code which has died or been removed. (H) Roots that show evidence of damaging structures, utilities,
streets, sidewalks or other paved areas shall be removed and appropriate root barriers shall be installed. (4) The owners of all unimproved lots, including cleared lots, shall maintain
said lots in accordance with the following requirements: (A) On all unimproved lots, grass, weeds, and/or undergrowth that exceeds the height of twelve (12) inches from the ground that
occurs within one hundred and fifty (150) feet from the boundary line of any property with a building or structure or within one hundred and fifty (150) feet from the boundary line of
any improved road. In the event that the remaining area constitutes less than twenty-five (25) percent of the total square footage of the lot then the entire lot shall require maintenance
action. (B) All unimproved lots shall be kept free from any accumulation of construction debris, garbage, trash or litter. It shall be the responsibility of each owner of an improved
lot to undertake maintenance action on his or her lot every calendar month. (C) Any vegetation shall be maintained to minimize property damage and public safety hazards, including removal
of dead plant material removal of Page 30 of 223
5 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 low-hanging branches, and trimming or removal
of plant material obstructing sidewalks, street lighting and safe sight distance triangles. (D) All cleared lots shall be maintained in a condition to prevent blowing sand or dust and
erosion onto adjoining properties, rights of way and water bodies. Lots that have been cleared shall be cleaned of any demolition debris. (E) All unimproved lots that have been the subject
of two or more code enforcement actions, within any 12 month period, involving illegal dumping, illegal vending, unauthorized vehicle sales, and/or other similar violative conditions
shall be subject to the following: 1. Said property shall be fully enclosed with either a natural barrier or berm, CBS concrete wall, wood wall or coated chain link. 2. No CBS, concrete
wall, wood wall or coated chain link shall be placed on vacant property closer than five (5') feet from front or side street property lines at the discretion of the Director. 3. The
area between the fence and the side street property lines shall contain a continuous extensively landscaped buffer that must be maintained in a good healthy condition by the property
owner. The landscaped buffer shall contain one or more of the following planting materials at the discretion of the Director: a. Shrubs and Hedges --shall be a minimum of three (3')
in height when measured immediately after planting. b. Vines --shall be a minimum of 36 inches in height. c. Trees shall a have a minimum height of ten (10') feet with a clear trunk
of four (4') feet at time of planting. Trees shall be spaced 20' on center. (5) It shall be the responsibility of the owner of property in any zoning district that is adjacent to a City
right-of-way to maintain the swale that abuts their property. Such swale or right of way shall be maintained in accordance with the City Code of Ordinances. (6) It shall be the responsibility
of the property owner to maintain their property in accordance with the provisions of this section. Where applicable, tenants or lessees may receive enforcement notices in connection
with enforcement; however, the property owner is ultimately responsible for compliance. Page 31 of 223
6 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (7) Open-air storage in residential-zoned and commercial-zoned
districts is subject to the following provisions: (A) Open-air storage in a residential zoned district including but not limited to the following items and materials is prohibited: 1.
Junk, as defined in this Ordinance. 2. Merchandise or manufacturing materials. Evidence of one or more of the following shall create a rebuttable presumption that merchandise or manufacturing
materials are being stored on the premises: 3. Multiple boxes of uniform appearance bearing shipping labels; 4. Multiple articles of similar type in unused condition, including without
limitation raw materials for manufacturing furniture and computer components; 5. Pallets containing multiple boxes; 6. Commercial equipment, including without limitation vending machines.
7. Motor vehicle parts, including without limitation automobile engines and transmissions. 8. Household furniture, including without limitation sofas and recliners. 9. Construction materials,
including without limitation lumber and cement blocks. 10. Construction and demolition equipment, including without limitation cement mixers, jack hammers, and roof tar pots, provided,
however, that light-use equipment customarily used for do-it-yourself home repair, including without limitation hand tools, power tools, and table saws, shall not be prohibited. 11.
Commercial Storage containers; except that PODs or other similar temporary moving aids shall be removed within thirty (30) calendar days. 12. All other outside storage of any similar
items and materials. 13. Properties with bona fide agricultural uses shall be exempt from this subsection. 14. The above listed restrictions are in addition to and cumulative with the
City Zoning code. 15. Open Air-Storage on commercial zoned property shall be governed by the City Zoning Code. (8) The property owner shall be required to maintain his or her property
(parking lot, drive ways, sidewalks, alley ways, easements, and common areas), as well as abutting right-of-way areas free and clear of litter and articles. Abutting area shall be defined
as the public right-of-way immediately abutting the premises. The area to be maintained shall be from the edge of pavement to the property line and shall include sidewalk areas and swales.
40 41 42 43 44 45 Page 32 of 223
7 of 8 8519253.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (9) All shopping centers, strip malls, grocery stores, restaurants or commercial
establishments that sell takeout beverages or food shall provide a litter container near every entrance and at every 100 feet along any established pedestrian walkway within the footprint
of such property. Litter containers shall be well designed and secured in a manner that will cause them to remain stationary where placed. They shall be maintained free of graffiti and
overflow trash. Placement of the containers shall not interfere with access to the facilities by pedestrians or by individuals with disabilities, as required by the Americans with Disabilities
Act Accessibility Guidelines in the Code of Federal Regulation, Title 36, Pt. 1191, App. A. The civil penalty for a violation of this section is $100.00. (10) All establishments that
sell merchandise or food for take out, shall post an antilitter sign in a prominently visible location outside the establishment, as well as at all drive through lanes for restaurants
and retail sales establishments. All signs required under this section shall be a minimum of 14" by 14" in size and shall state: "Littering is Prohibited by Law-Punishable by a Minimum
Fine of $250.00 per violation. SECTION 3 CONFLICT All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 4 SEVERABILITY If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. INCLUSION IN THE 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. Page 33 of 223
8 of 8 8519253.1 1 2 3 4 5 6 7 8 SECTION 6. EFFECTIVE DATE This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 11th DAY of JUNE,
2009. PASSED AND ADOPTED on second reading this ______ day of ______, 2009 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SHIRLEY GIBSON, MAYOR ATTEST: __________________________________
RONETTA TAYLOR, CMC, CITY CLERK Reviewed by SONJA K. DICKENS ESQ. City Attorney SPONSORED BY: Councilman Melvin Bratton, Sr. MOVED BY: VOTE: 28 Mayor Shirley Gibson (Yes) (No) 29 Vice
Mayor Barbara Watson (Yes) (No) 30 Councilman Melvin L. Bratton (Yes) (No) 31 Councilman Aaron Campbell (Yes) (No) 32 Councilman Oliver Gilbert, III (Yes) (No) 33 Councilman André Williams
(Yes) (No) 34 Councilwoman Sharon Pritchett (Yes) (No) 35 36 37 38 39 40 Page 34 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Drew, City Manager Department:
City Manager Short Title: AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR 2008-2009 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS;
AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Attached is a proposed
budget amendment to the City’s current year (FY 08‐09) budget. As you know, the Charter provides for the City Council amending the budget at any time during the year by ordinance. The
purpose of this amendment is to 1) correct one debt service payment erroneously budgeted in the wrong Fund; and 2) to move funds from the Special Revenue Fund to the CIP to be spent.
1. During the budget preparation last year, a $594,028 debt service payment was budgeted in the Capital Projects Fund (Fund 30) as a “Transfer to Debt Service Fund.” This should have
been budgeted in the General Fund. The proposed amendment corrects this error and ensures that the expenditure will be accounted for in the correct fund. 2. The second proposed amendment
transfers $200,000 form the “Parks Improvement Impact Fee” account to the Capital Projects Fund to be expended on a new playground for Brentwood Park. ITEM I-2) ORDINANCE SECOND READING/PUBLIC
HEARING Amending the City's FY 2008-2009 Budget Page 35 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That City Council approve the ordinance making the two proposed Amendments. Attachment: None Page
36 of 223
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 2009_____ AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET
FOR 2008-2009 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS
OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 4.5 of the City of Miami Gardens Charter, the City Council adopted a Budget for Fiscal Year 2008-2009,
and WHEREAS, it is appropriate to provide for certain transfers, appropriations and authorizations based upon previous and anticipated expenditures and revenues, WHEREAS, the City Council
has determined that it is necessary to amend the budget to reflect these changes, 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. AMENDMENT TO BUDGET: The following amounts are hereby transferred for the operation and maintenance of the various Funds below, said monies currently appropriated as part
of the adopted annual operating budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009: Page 1 of 3 Revised FY 09 Budget Ordinance Page 37 of 223
1 2 3 4 From General Fund 01-00-00-389-900-00 ($594,028) 5 6 7 8 9 To Capital Projects Fund 30-00-00-337-705-00 $594,028 10 11 12 13 From Special Revenue 01-00-00-389-900-00 ($200,000)
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 To Capital Projects Fund 30-00-00-337-705-00 $200,000 SECTION 3. INSTRUCTIONS TO THE CITY MANAGER: The City Manager shall take all
actions necessary to implement the terms and conditions of this ordinance. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 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. SECTION 6. EFFECTIVE
DATE: This ordinance shall take effect immediately upon its passage. 31 32 33 34 35 PASSED on first reading this ___ day of ____, 2009. PASSED AND ADOPTED on second reading this___ day
of __________, 2009. Page 2 of 3 Revised FY 09 Budget Ordinance Page 38 of 223
Page 3 of 3 Revised FY 09 Budget Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 ____________________________ SHIRLEY GIBSON, MAYOR ATTEST: ____________________________ RONETTA TAYLOR, CMC,
CITY CLERK Reviewed by SONJA K. DICKENS, ESQ. City Attorney 14 SPONSORED BY: Danny O. Crew, City Manager 15 16 17 18 19 20 21 22 MOVED BY:_________________________ SECONDED BY::______________________
_____ VOTE: 23 Mayor Shirley Gibson (Yes) (No) 24 Vice Mayor Watson (Yes) (No) 25 Councilman Melvin L. Bratton (Yes) (No) 26 Councilman Oliver Gilbert III (Yes) (No) 27 Councilman Andre
Williams (Yes) (No) 28 Councilwoman Sharon Pritchett (Yes) (No) 29 Councilman Aaron Campbell Jr. (Yes) (No) 30 31 32 Page 39 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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 X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
NSP Funds 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 Danny Crew, City Manager Department:
Community Development Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009‐03‐175 TO PROVIDE FOR A TEMPORARY AMENDMENT TO
THE CITY’S PURCHASING ORDER IN ORDER TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS WITH CONTRACTORS IN REFERENCE TO THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary: Background The City of Miami Gardens received an allocation of $6,866,119.02 from the Neighborhood Stabilization Program. The City submitted to HUD the plan of activities
it proposed to carry out with these funds. HUD approved the City’s Plan and on March 4, 2009 a contract was executed between the City and U.S. HUD. The primary purpose of the NSP Funds
is to purchase abandoned and foreclosed homes with the intent of rehabbing and reselling them to income eligible buyers. The City’s plan estimates the purchase of approximately 25 single
family housing units. Due to the time constraints imposed by the NSP (18 months to use the funds), City staff must work diligently to ensure program compliance. ITEM I-3) ORDINANCE SECOND
READING/PUBLIC HEARING Amending Ord. 2009-03-175 Page 40 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Ordinance Number 2009‐03‐175 was amended on January 14, 2009, authorizing the City Manager to execute any and all
sale and purchase agreements for single family properties relating to the NSP. Current Situation Since the execution of the agreement with HUD on March 4, 2009, Staff has begun to carry
out NSP plan activities beginning with the purchase of five (5) single family homes which are vacant and in need of repairs. These repairs have been estimated to be approximately $40,000
to $50,000 per house. The City currently has over 70 approved general contractors that work on the Housing Rehabilitation Program. This list of general contractors will be given the
opportunity to bid on these projects on an individual basis. It should be noted that many of these approved general contractors have not been awarded any contracts under the City’s existing
rehab program. The NSP provides an additional opportunity for general contractors to do business with the City. The bid solicitation process to be used under the NSP will be the same
as currently used under the City’s approved Housing Rehabilitation Program. The current procurement process requires City Council to approve every agreement entered into by the City.
The attached Ordinance amendment, which was approved on first reading at the
June 24, 2009 City Council meeting, requests Council approval to authorize the City Manager to execute rehabilitation agreements in relation to properties purchased under the NSP. The
proposed amendment will sunset as of January 1, 2011. City staff anticipates approximately 15‐25 rehabilitation agreements with a maximum value of $55,000. Proposed Action: Staff recommends
that City Council approve the proposed ordinance amendment (on second reading) further amending section 2 of ordinance 2009‐03‐175. Attachment: None Page 41 of 223
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-03-175 TO PROVIDE FOR A TEMPORARY AMENDMENT TO THE CITY’S PURCHASING
ORDINANCE IN ORDER TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS WITH CONTRACTORS IN REFERENCE TO THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January
14, 2009, the City Council authorized an Amendment to the City’s current Purchasing Ordinance whereby the City Manager would have authority to execute Purchase And Sales Agreements and
all other attendant documents necessary in order to transfer and purchase property in accordance with the Neighborhood Stabilization Program (“NSP”), and 1 2 3 4 5 6 7 8 9 10 11 12 13
14 WHEREAS, that provision of the Purchasing Ordinance is going to automatically sunset as of January 1, 2010, and WHEREAS, the City Staff has undertaken the process of purchasing NSP
properties which will be transferred to homeowners in the near future, and WHEREAS, in accordance with the City’s approved NSP Plan, the City will rehab those properties before transferring
them to new Property owners, and WHEREAS, the City intends to undertake a formal bid solicitation process whereby contractors will be able to bid on the housing rehabilitation portion
of the program, and Page 42 of 223
WHEREAS, the City intends to follow the dictates of its Purchasing Code prior to awarding any contracts, and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, currently, the City’s
Code would require each of these contracts to come back to the City Council for approval, and WHEREAS, City Staff is recommending that the process be streamlined to permit the City Manager
to execute these Agreements in accordance with the City’s NSP Program, 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.
AMENDMENT: Ordinance No. 2009-03-175 is amended in Section 2(N) to read as follows: (N) To execute Purchase and Sales Agreements and any and all other attendant documents that are necessary
in 31 order to transfer and purchase properties, as well as any and 32 all agreements with contractors who shall be providing rehabilitation services in accordance with the Neighborhood
Stabilization Program and the City’s Amendment to its Third-Year Program Action Plan. The only documents authorized by this provision are those that are required to effectuate the actual
transfer of real property 33 34 35 36 37 , and those documents 38 necessary in order for the City to enter into Agreements with 39 contractors who shall provide rehabilitation services
to the City. The City Manager shall be required to provide a monthly report of all transfers of real property to the City Council. This section of the Ordinance shall automatically sunset
as of January 1, 2010, and should be of no further force and effect. 40 41 42 43 44 Page 43 of 223
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 SECTION 4. SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. INCLUSION IN CODE:
It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami
Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word
or phrase, the 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 _________ DAY OF _____________, 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 44 of 223
68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 ___________________________________ 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: _____ 89 Mayor Shirley Gibson (Yes) ___(No)
90 Vice Mayor Barbara Watson (Yes) ___(No) 91 Councilman Melvin L. Bratton (Yes) ___(No) 92 Councilman Aaron Campbell (Yes) ___(No) 93 Councilman Oliver Gilbert, III (Yes) ___(No) 94
Councilwoman Sharon Pritchett (Yes) ___(No) 95 Councilman André Williams (Yes) ___(No) 96 97 98 SKD/bfc 8510652.1 Page 45 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: Parks & Recreation; Park IP Impact Fees; C Advertising Requirement: (Enter
X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager Department: Parks & Recreation; CIP Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO MIAMI DADE COUNTY FOR A SAFE NEIGHBORHOOD PARKS GRANT; AUTHORIZING THE CITY MANGER
TO EXECUTE ANY AND ALL AGREEMENTS AND ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary:
On July 15, 2009 Miami‐Dade County announced the availability of approximately $6 million in Safe Safe Neighborhood Parks Bond Programs grant funds for land acquisition and capital improvements
of public parks. Grants require a dollar‐for‐dollar cash match. All funds must be expended within one year after funds are allocated by the Miami Dade Board of County Commission. According
to the Miami‐Dade County’s Request for Proposal the review committee is looking for wellplanned capital projects that meet a pressing need, display broad support, will be completed promptly
and, once completed, are managed successfully. Specifically, reviewers will evaluate the applicants using the following criteria: ‐Readiness as indicated by the quality of the architectural/engineeri
ng study and/or equipment specifications and professionally developed price quotes for total project; ‐Project description. Objectives and goals; ITEM J-1) CONSENT AGENDA RESOLUTION
Safe Neighborhood Parks Grant Page 46 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 ‐Feasibility and appropriateness of the budget and commitment and size of public and private match; ‐Applicant proposes
a reasonable and realistic project timeline and logistics; ‐Impact of project on the organizations’ operational and programmatic capacity to establish and/or sustain the facility or
property. For these reasons staff has decided to submit applications in support of capital improvements at AJ King Park, Miami Gardens Community Center, Myrtle Grove Park, Norwood Park,
and Rolling Oaks Park to further developments outlined in the Parks Master Plan as well as land acquisition of the property located at 18330 NW 12 Avenue. Authorizing resolutions from
agencies is required to accompany grant applications. Applications are due July 20, 2009. Proposed Action: That the Council allow the City Manager to submit applications in response
to Miami Dade County’s Request for Proposals #SNP0809 in support of park improvements at AJ King Park, Miami Gardens Community Center, Myrtle Grove Park, Norwood Park, and Rolling Oaks
Park; land acquisition of the property located at 18330 NW 12 Avenue; and authorizing the City Manger execute any and all agreements that are awarded to the City as a result of this
grant process. Attachment: None Page 47 of 223
1 2 RESOLUTION NO.-_______ 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AUTHORIZING
THE CITY MANAGER TO SUBMIT APPLICATIONS TO MIAMI DADE COUNTY FOR A SAFE NEIGHBORHOOD PARKS GRANT; AUTHORIZING THE CITY MANGER TO EXECUTE ANY AND ALL AGREEMENTS AND ATTENDANT DOCUMENTS
AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the citizens of Miami Dade County authorized the issuance of general
obligation bonds (the "Bonds) for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement
and give effect to the bond program, Miami Dade County, Florida enacted Ordinance No. 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and WHEREAS, it is necessary and
desirable to improve the quality of life, to benefit property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation
facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the
projects more specifically listed below have been identified for reimbursement pursuant to the terms of the Ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage
of this resolution and the acts contemplated by this resolution are conditions to obtaining a grant; and 1 Page 48 of 223
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 WHEREAS, the City of Miami Gardens would like to make application for the grant monies for capital improvements at AJ
King Park, Miami Gardens Community Center, Myrtle Grove Park, Norwood Park, and Rolling Oaks Park to further developments outlined in the Parks Master Plan as well as land acquisition
of the property located at 18330 NW 12 Avenue, 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. AUTHORIATION: The City Council
of the City of Miami Gardens hereby authorizes the City Manager to make application for a grant for the projects referenced above, and in connection with such application to execute
such grant agreement and other contracts and documents, to expend Safe Neighborhood Parks bond funds received for the purposes described in the funding request, to execute any necessary
amendments to the grant application and contracts, and take such other acts as may be necessary to bind the City and accomplish the intent of this resolution. Section 3. AGREEMENT: The
City agrees to complete each of the Projects in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizens' Oversight Committee
(the "Committee") to implement the Ordinance. If the total cost of a Project exceeds the value allocated in the grant, then the City shall provide any supplemental funds required to
complete the Project. In the event that supplemental funds are necessary for the completion of the Project, as of the point in time that it is known that supplemental funds are needed,
the City will demonstrate that such supplemental 2 Page 49 of 223
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 funds have been committed to the Project prior to and as a condition of disbursement or further disbursement
of grant funds. The requirement for the City to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or
in part by a reduction in scope of work consistent with the Ordinance. Section 4. AGREEMENT: The City recognizes and directs that any beach, park, or other public facility acquired,
developed, rehabilitated or restored with bond funds, including the Projects, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion,
belief, residence, natural origin, marital status or disability. Section 5. AGREEMENT: To the extent allowed by law, the City shall commit all funds, which may be required to operate,
maintain and provide programming at each park project upon its completion. Section 6. AGREEMENT: No substitution in capital project funding by the City shall occur because of the grant
for which City is applying. Section 7. 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 June 24, 2009. ATTEST: _______________________________ SHIRLEY GIBSON, MAYOR _________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER 3 Page 50 of 223
4 1 2 3 4 5 MOVED BY:_____________________ VOTE: _____ 6 Mayor Shirley Gibson (Yes) ___(No) 7 Vice Mayor Barbara Watson (Yes) ___(No) 8 Councilman Melvin L. Bratton (Yes) ___(No) 9 Councilman
Aaron Campbell Jr. (Yes) ___(No) 10 Councilman Oliver Gilbert, III (Yes) ___(No) 11 Councilwoman Sharon Pritchett (Yes) ___(No) 12 Councilman André Williams (Yes) ___(No) 13 14 15 Page
51 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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 FundInfo Techrmation nology Advertising Requirement: (Enter X in box)
Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X State of Florida #252001091 Sponsor Name Danny Crew, City Manager Department: Information Technology Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SOFTWARE HOUSE INTERNATIONAL, INC., FOR MICROSOFT PRODUCT
LICENSES, IN THE AMOUNT OF $204,587.11; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: On May 21, 2008, City Council authorized the City Manager
to enter into a three (3) year agreement, with annual renewal options, with Software House International, Inc for the licenses of all Microsoft Products used by the City in accordance
with State of Florida Contract 252‐001‐09‐1. Currently Microsoft products are used on over 600 computers, servers and other IT devices throughout the City of Miami Gardens’ departments.
We are required to perform annual reconciliation and pay the cost of the city’s license. The cost for the City to reconcile for May 2009‐ May 2010 is $204,587.11. Proposed Action: We
recommend that the City Council authorize the City Manager to issue a purchase order for these services in an amount not to exceed the allocated annual budget amount to Software House
International, the State approved vendor for Microsoft software licenses for the City. Attachment: Attachment A – Software House International May 2009‐ May 2010 Quote ITEM J-2) CONSENT
AGENDA RESOLUTION P.O. to Software House International Page 52 of 223
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SOFTWARE HOUSE INTERNATIONAL, INC.,
FOR MICROSOFT PRODUCT LICENSES, IN THE AMOUNT OF $204,587.11; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 21, 2008, City Council authorized
a three (3) year agreement, with annual renewal options, with Software House International, Inc for the licenses of all Microsoft Products used by the City in accordance with State of
Florida Contract 252-001-09-1, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, annually, the City is required to reconcile the amounts due for computers, servers, and other information
technology related items, during the fiscal year, and WHEREAS, the cost for the City to reconcile for May 2009-May 2010 is $204,587.11, and WHEREAS, funding for this item is available
in the Information Technology Department budget, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 53 of 223
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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City
Manager to issue a purchase order to Software House International, Inc., for Microsoft Product licenses, for $204,587.11. Section 3. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 8, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:_____________________ VOTE: _____ 46 Mayor Shirley Gibson (Yes) ___(No) 47 Vice Mayor Barbara Watson (Yes) ___(No) 48 Councilman Melvin L. Bratton (Yes) ___(No) 49 Councilman
Aaron Campbell (Yes) ___(No) 50 Councilman Oliver Gilbert, III (Yes) ___(No) 51 Councilwoman Sharon Pritchett (Yes) ___(No) 52 53 54 Councilman André Williams (Yes) ___(No) SKD/Page
54 of 223
All Prices are in US Dollar(USD) Pricing Proposal Quotation #: 3157366 Created On: May-26-2009 Valid Until: Jun-25-2009 City of Miami Gardens Account Executive Ronald McKenzie 1515 NW
167th Street Bldg 5, Suite 200 Miami Gardens FL 33169 United States of America Phone: 305-622-8040 Fax: 305-474-1282 Email: rmckenzie@miamigardens-fl.gov Thomas Naelon 18069 SW 152nd
Ave. Miami, FL 33187 Phone: 305-971-5266 Fax: 305-971-5283 Email: thomas_naelon@shi.com Product Qty Your Price Total 1 Microsoft Enterprise Desktop -Office Enterprise/Win Pro/BackOffice
CAL Bundle -Prorated Annual Payment MICROSOFT -Part#: A01-00045-CUSTOM1-Y1 Note: This line merges and prorates the two agreements and steps-up Office to Office Enterprise 274 $234.00
$64,116.00 2 Microsoft Enterprise Desktop -Office Enterprise/Win Pro/BackOffice CAL Bundle -Full L/SA Annual Payment MICROSOFT -Part#: A01-00045-CUSTOM2-Y1 Note: New desktops beyond
the original 274 171 $293.00 $50,103.00 3 Win Svr Std SA MVL EA Addon Annual Payment MICROSOFT -Part#: P73-00225 Note: Carry over from previous agreement. 2 $235.74 $471.48 4 VStudio
Pro w/MSDN Pro SA MVL EA Addon Annual Payment MICROSOFT -Part#: F1Q-00209 Note: Carry over from previous agreement. 1 $356.00 $356.00 5 SQL Svr Std Edtn Win32 SA MVL EA Addon Annual
Payment MICROSOFT -Part#: 228-04435 Note: Carry over from previous agreement. 6 $202.80 $1,216.80 6 VStudio Team Dev SA MVL w/MSDN Prem EA Addon Annual Payment MICROSOFT -Part#: 124-00002
Note: Carry over from previous agreement. 1 $610.26 $610.26 7 Config Mgr Svr SA MVL EA Addon Annual Payment MICROSOFT -Part#: J3A-00163 Note: Carry over from previous agreement. 1 $74.61
$74.61 8 ISA Server Ent Edtn SA MVL 1 Proc EA Addon Annual Payment MICROSOFT -Part#: F89-00453 Note: Carry over from previous agreement. 1 $989.70 $989.70 9 Win Svr Ent Lic/SA Pack MVL
EA Addon Annual Payment MICROSOFT -Part#: P72-00164 Note: New Licenses 29 $955.10 $27,697.90 10 Win Svr Ent StepUp MVL EA Addon Annual Payment MICROSOFT -Part#: P72-00817 2 $661.20 $1,322.40
11 SQL Svr Ent Edtn Win32 Lic/SA Pack MVL EA Addon Annual Payment MICROSOFT -Part#: 810-04766 Note: New Licenses 4 $3,438.67 $13,754.68 Page 55 of 223
MICROSOFT -Part#: P72-00817 11 SQL Svr Ent Edtn Win32 Lic/SA Pack MVL EA Addon Annual Payment MICROSOFT -Part#: 810-04766 Note: New Licenses 4 $3,438.67 $13,754.68 12 SQL Svr Ent Edtn
Win32 StepUp MVL SQL Svr Std EA Addon Annual Payment MICROSOFT -Part#: 810-04859 6 $3,080.13 $18,480.78 13 Visio Std Win32 Lic/SA Pack MVL EA Addon Annual Payment MICROSOFT -Part#: D86-01345
Note: New Licenses 200 $88.77 $17,754.00 14 Exchange Svr Ent Lic/SA Pack MVL EA Addon Annual Payment MICROSOFT -Part#: 395-02611 Note: New Licenses 3 $1,620.34 $4,861.02 15 Project Pro
Win32 Lic/SA Pack MVL EA Addon Annual Payment MICROSOFT -Part#: H30-00235 8 $347.31 $2,778.48 Shipping $0.00 Total $204,587.11 Additional Comments SHI Fed ID# 22-3009648 Page 56 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: General Fund Fleet Services Advertising Requirement: (Enter X in box) Yes
No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X State of Florida 973163061 Sponsor Name City Manager Danny Crew Department: Fleet Management Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A FUEL CARD CONTRACT TO COMDATA CORPORATION IN AN AMOUNT NOT TO EXCEED THE ALLOCATED FLEET FUEL BUDGET; IN ACCORDANCE
WITH THE STATE OF FLORIDA BID 973‐163‐06‐ 1, INCLUDING ANY CONTRACT RENEWALS, PENDING BUDGET ALLOCATION AND APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: The City Council authorized URS Corporation to design and prepare construction documents for a fueling facility which will be located on the north side of the Miami
Gardens Police Department building. Until the fuel facility is operating, the City’s entire fleet uses fuel cards to procure fuel from commercial facilities. The State of Florida competitively
solicited fuel card services and awarded the contract 973‐163‐06‐1 to Comdata Corporation, located in Brentwood, TN through September 2010 with a five year renewal option. Prices are
based on OPIS (fuel cost index) with a 0.1735/gallon mark‐up for regular gasoline and 0.1302/gallon mark‐up for on road diesel. In accordance to the State of Florida contract 973‐163‐06‐1
the City could realize an estimated savings of $27,900.00 in one year. ITEM J-3 ) CONSENT AGENDA RESOLUTION Award to Comdata Corp. Page 57 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approve the attached resolution awarding the fuel card contract in accordance
with the State of Florida contract 973‐163‐06‐1 and any renewals, pending budget allocation and approval, to Comdata Corporation in an amount not to exceed the allocated fleet fuel budget.
Attachment: Attachment A –State of Florida Agreement Page 58 of 223
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A FUEL CARD CONTRACT TO COMDATA CORPORATION IN AN AMOUNT NOT TO EXCEED THE ALLOCATED
FLEET FUEL BUDGET; IN ACCORDANCE WITH THE STATE OF FLORIDA BID 973-163-06-1, INCLUDING ANY CONTRACT RENEWALS, PENDING BUDGET ALLOCATION AND APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is currently in the process of constructing a fuel facility to provide fuel to the City’s fleet of vehicles, and 1 2 3 4 5 6 7 8 9 10 11
12 13 14 15 16 17 WHEREAS, the State of Florida competitively solicited fuel card services and awarded the contract 973-163-06-1 to Comdata Corporation, through September 2010 with a
five-year renewal option, and WHEREAS, City staff is recommending that the City Council utilize the Comdata Corporation Contract for the purchase of fuel until the City’s fuel facility
has been constructed. 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. AWARD: The City Council of the City of Miami Gardens
hereby awards a fuel card contract to Comdata Corporation in an amount not to exceed the allocated fleet fuel budget, in accordance with State of Florida bid 973-163-06-1 and any contract
renewals, pending budget allocation and approval. Page 59 of 223
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 8, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 44 Mayor Shirley
Gibson (Yes) ___(No) 45 Vice Mayor Barbara Watson (Yes) ___(No) 46 Councilman Melvin L. Bratton (Yes) ___(No) 47 Councilman Aaron Campbell (Yes) ___(No) 48 Councilman Oliver Gilbert,
III (Yes) ___(No) 49 Councilwoman Sharon Pritchett (Yes) ___(No) 50 Councilman André Williams (Yes) ___(No) 51 52 53 54 SKD/.1 8584316.1 Page 60 of 223
STATE OF FLORIDA AGENCY AGREEMENT FOR ELIGIBLE USERS ISSUED UNDER CONTRACT NO. 973-163-06-1 FOR THE STATE OF FLORIDA FUEL CARD SERVICE PROGRAM Definitions: “Agreement” means: the Fuel
Card Services Contract (973-163-06-1) by and between the STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (“Department”), TransMontaigne Product Services, Inc. (“TransMontaigne” or
“Seller”), and Comdata Network, Inc., hereinafter collectively referred to as the “Parties” or “Contractor”, which incorporates Contact Amendments, the Department’s Invitation to Negotiate
(“ITN”) No. 43-973-163-X and Comdata’s response to such ITN. “Eligible Users” is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies,
as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State
of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History – New 8-24-04. Section
287.056 of the Florida Statutes governs agencies’ use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. City of Miami
Gardens _____________________________________________________________________________ (Name of Eligible User) 113695944 85-8012884754C-6 __________________________________________ (Federal/State
Tax Identification Number) Pam Thompson, 305-622-8031 – pthompson@miamigardens-fl.gov _______________________ (Name, Phone #, and e-mail of Fuel Card Program Administrator) 1515 NW 167th
Street, Suite 200 ___________________________________________________ (Billing Address) Miami Gardens, FL 33169 ________________________________________________________ (City, State
and Zip Code) All other capitalized terms used in this Addendum without definition have the meanings
set for thin the Agreement. Agreements of Contractors and Eligible User: 1. Eligible User represents that it is authorized by the laws of the State of Florida to enter into this Addendum
and to become an Eligible User under the Agreement. 2. Eligible User hereby requests the services of Contractor described in the Agreement and agrees to perform all duties of an Eligible
User under the Agreement, including, without limitation, payment of all charges on its account (s) within the time periods provided under the Agreement, payment of any fees provided
in the Agreement (at the rates set for the in the Agreement), and cooperation with respect to providing all necessary information for the administration of the Agreement. Eligible User
agrees to be bound by the terms and conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards, disputes of charges, reporting lost
and stolen cards, and all other rules and provisions relating to use of Eligible Entity’s account. Page 61 of 223
3. The Fuel Card Administrator is authorized to order Cards and request “lock out” of lost or stolen cards. 4. Eligible user acknowledges that its failure to make timely payment in accordance
with the terms of the Agreement and/or the Addendum may results in suspension or cancellation of the account(s). The undersigned represents and warrants that he/she is duly authorized
to execute this Service Contract on behalf of the Eligible User and this Service Contract is the valid and binding obligation of the Eligible Entity, enforeceable in accordance with
its terms. Name of Eligible User: ___________________________________________________ By (Authorized Signatory): ___________________________________________________ Print Name: Danny
Crew ______________________________ This Service Contract shall not become binding until Signed by all parties COMDATA NETWORK, INC. By: ________________________________________________
Title: _______________________________________________ Date: _______________________________________________ TRANSMONTAIGNE PRODUCT SERVICES INC. By: ________________________________________________
Title: _______________________________________________ Date: _______________________________________________ Page 62 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: Urban Area Secu Granrity In tive t Funditia s Advertising Requirement: (Enter
X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: Police Department Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK IN AN AMOUNT NOT TO
EXCEED $31,250.00; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) Staff Summary: The Miami Gardens Police Department (MGPD) is tasked with emergency coordination and response for natural disasters and other large scale events that
affect the citizens of the City of Miami Gardens. As part of that response, dissemination of information to the general public is paramount in ensuring their safety and well being. The
Department is requesting authority to purchase a reverse 911 system from Emergency Communications Network (Code Red) for the purpose of notifying residents and businesses of emergency
and/or significant police related events. The system will call a selected set of subscribers that are inputted by Departmental personnel and will provide a prerecorded message established
by the MGPD. These messages can vary from notifications before and after a hurricane, to advisories on the search for a missing child or other police incident. The system is configured
to allow the Department to select the entire City or only those portions affected by the event. Funding for the initial two years of service is being provided by the Urban Area Initiative
Initiative Security Grant. The City’s Purchasing Ordinance allows the City Council to authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager.
The City Manager is recommending that in this case competitive bidding be waived due to aspects of the system that enhance the quality of the product over the other companies providing
similar services. ITEM J-4) CONSENT AGENDA RESOLUTION Agreement w/Emergency Communications Network Page 63 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Several other agencies in the tri‐county area use this system for emergency notification of their residents and
internal staff including Miramar, Hallandale Beach and Broward County. Proposed Action: The City Council authorizes the City Manager to waive competitive bidding and to negotiate and
execute a contract with Emergency Communications Network in an amount not to exceed $31,250.00 for 125,000 minutes. Attachment: Attachment A: Code Red Services Agreement Page 64 of 223
RESOLUTION No. 2009 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH EMERGENCY COMMUNICATIONS
NETWORK IN AN AMOUNT NOT TO EXCEED $31,250.00; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; 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 WHEREAS, Miami Gardens Police Department (MGPD) is tasked with emergency coordination and response for natural disasters
and other large scale events that affect the citizens of the City of Miami Gardens, and WHEREAS, as part of that response, dissemination of information to the general public is paramount
in ensuring safety and well being, and WHEREAS, the Police Department is requesting authority to purchase a reverse 911 system from Emergency Communications Network (Code Red) for the
purpose of notifying residents and businesses of emergency and/or significant police related events, and WHEREAS, it is being recommend that competitive bidding be waived due to aspects
of the system that enhance the quality of the product over the other companies providing similar services, and WHEREAS, several other agencies in the tri-county area use this system
for emergency notification of their residents and internal staff including Miramar, Hallandale Beach and Broward County, and WHEREAS, funding for the initial two years of service is
being provided by the Urban Area Initiative Security Grant, 1 Page 65 of 223
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 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 negotiate and execute an agreement with Emergency Communications
Network in an amount not to exceed $31,250.00. Section 3. WAIVER OF COMPETITIVE BIDDING: In accordance with Section 15 (a) of the City’s Purchasing Ordinance, the City Council hereby
authorizes a waiver of the competitive bidding requirements of the purchasing code. 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 JULY 8, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney 2 Page 66 of 223
3 50 51 52 53 54 55 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 56 Mayor Shirley Gibson (Yes) ___(No) 57 Vice Mayor Barbara Watson (Yes) ___(No)
58 Councilman Melvin L. Bratton (Yes) ___(No) 59 Councilman Aaron Campbell (Yes) ___(No) 60 Councilman Oliver Gilbert, III ___(Yes) ___(No) 61 Councilwoman Sharon Pritchett (Yes) ___(No)
62 Councilman André Williams (Yes) ___(No) 63 64 65 66 67 8585812.1 Page 67 of 223
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: (Enter X
in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund City Attorney 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 City Attorney Department: City Attorney 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 AGREEMENT ATTACHED HERETO AS EXHIBIT “A” WITH ARNSTEIN & LEHR, LLP, FOR LEGAL SERVICES; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: At the City Council meeting of June 10, 2009, the City Council decided to bring the City Attorney in-house
and decided to create an in-house Law Department. The City Attorney was previously affiliated with the firm of Arnstein & Lehr, and that firm is currently handling various litigation
matters on behalf of the City, including the Judson litigation, the First Sealord litigation, and the TLMC Enterprises litigation. In addition, the City has undertaken several real estate
matters, in accordance with the Neighborhood Stabilization Program, and other complex real estate matters. Jim Brady, a Partner with Arnstein & Lehr, LLP has been handling the bulk of
the City’s real estate matters. The City Attorney is recommending that the City continue to contract with Arnstein & Lehr for legal services in reference to the pending litigation matters
until they are concluded, and that the City continue to utilize the services of James Brady of Arnstein & Lehr for real estate matters, on an as needed basis. The Firm will charge an
hourly rate of $200.00 per hour, which is fifty (50%) less than the firm’s normal legal rate for such services. Proposed Action: That the City Council authorizes the Mayor to execute
the attached contract with Arnstein & Lehr for legal services. ITEM J-5) CONSENT AGENDA RESOLUTION Agreement w/Arnstein & Leher, LLP Page 74 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Exhibit A ‐Agreement with Arnstein & Lehr, LLP. Page 75 of 223
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 AGREEMENT
ATTACHED HERETO AS EXHIBIT “A” WITH ARNSTEIN & LEHR, LLP, FOR LEGAL SERVICES; 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 WHEREAS, the City Council has established an in-house Legal Department within the City, and WHEREAS, Sonja K. Dickens, the City Attorney was previously affiliated with the
firm of Arnstein & Lehr, and WHEREAS, Arnstein & Lehr is currently handling various litigation matters on behalf of the City, and WHEREAS, the City Attorney is recommending that Arnstein
& Lehr, continue to represent the City in those matters, until they are concluded, and WHEREAS, the City has undertaken several real estate matters, including purchases and sales, in
accordance with the Neighborhood Stabilization Program, and other complex real estate matters, and WHEREAS, the City Attorney is recommending that the City continue to utilize the services
of James Brady of Arnstein & Lehr for real estate matters, on an as needed basis, and WHEREAS, outside legal services will be covered in the City Attorney’s budget, NOW THEREFORE, BE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 8571121.1 Page 76 of 223
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 Mayor and City Clerk to execute and attest respectively, that certain Agreement, attached hereto as Exhibit “A,” between the City of Miami Gardens and James C. Brady of
Arnstein & Lehr, LLP for legal 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 JULY 8, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC,
CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: SONJA K. DICKENS, CITY ATTORNEY MOVED BY:_____________________ VOTE: _____ 51 Mayor Shirley Gibson (Yes) ___(No)
52 Vice Mayor Barbara Watson (Yes) ___(No) 8571121.1 Page 77 of 223
53 Councilman Melvin L. Bratton (Yes) ___(No) 54 Councilman Aaron Campbell (Yes) ___(No) 55 Councilman Oliver Gilbert, III (Yes) ___(No) 56 Councilwoman Sharon Pritchett (Yes) ___(No)
57 58 59 Councilman André Williams (Yes) ___(No) SKD/8571121.1 Page 78 of 223
James C. Brady 954.713.7618 jcbrady@arnstein.com 8593201.1 July 1, 2009 VIA ELECTRONIC MAIL VIA REGULAR MAIL Mayor Shirley Gibson City of Miami Gardens 1515 Northwest 167th Street Building
5, Suite 200 Miami Gardens, FL 33169 Re: Amended Retainer Letter for City of Miami Gardens Dear Mayor Gibson: This letter constitutes a Second Amended Retainer Agreement, nullifying
and replacing that certain Amended Retainer Agreement dated as of October 25, 2006. The purpose of this agreement is to acknowledge that in light of the City’s decision to employ in-house
counsel, the City has determined to continue the relationship with the firm and retain the firm on an as-needed basis. By signing this letter agreement, you acknowledge authorizing our
firm to do everything necessary in connection with the following matters: 1. Judson litigation 2. First Sealord litigation 3. TLMC Enterprises litigation, and 4. General Real Estate
Matters Professional fees: The firm's fee for representing you in this matter will be based upon upon the number of hours spent working on your matter and/or upon other agreements as
may be provided in this retainer letter. The firm keeps records of the time spent by attorneys and/or paralegal assistants, including travel and research time. The fee will be calculated
at the current hourly rate of $200.00, multiplied by the number of hours worked. Page 79 of 223
Mayor Shirley Gibson July 1, 2009 Page 2 Monthly invoices: You will be billed monthly for work-in-progress. Professional fees are payable upon receipt of the monthly invoice; costs will
be deducted from your cost retainer. The firm invoices professional time on a decimal equivalent basis. There is a minimum time applied to every substantive undertaking, including telephone
calls. That minimum time is .15 or nine (9) minutes which may include the telephone conversation, a review of the file, notes to the file and instructions to staff in furtherance of
the overall undertaking. Fee disputes and delinquent payments: In the event that there is a dispute regarding any item on any invoice rendered by the firm, whether relating to professional
fees or costs, you shall notify the firm of the item in dispute, but you agree to pay all undisputed amounts; or the firm shall have the right to pay all undisputed professional fees
set forth on the invoice from retainer fees on hand, as provided above. Any delinquent payments due and owing the firm will bear interest at 18% per annum after 30 days. In other words,
if bills have not been paid for 30 days, beginning on the first day of the following month, interest will be deemed to commence accruing on the outstanding amount from the date of invoice
at the rate of 18% per year until paid. Interest due which does not appear on a subsequent invoice(s) will not be deemed waived for any reason. Should any dispute arise under this retainer
agreement, the prevailing party shall be entitled to recover against the other party all costs, expenses and attorney's fees incurred by the prevailing party in such dispute, whether
or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. Form 1099: Pursuant to amendments to the 1997
Taxpayer Relief Act, IRC 6045(f), in the event that your payments to the firm for the representation contemplated by this letter exceed the sum of $600 in any year, you are required
to to file Form 1099 with the Internal Revenue Service for any such year. To assist you in compliance with this Act, the firm's Taxpayer Identification Number is 59-1752493. Guarantees:
You understand and agree that the firm has given no guarantees or promises with respect to the outcome of the work to be undertaken. Any expressions regarding successful results anticipated,
while given in good faith, are matters of opinion. With regard to such opinions as may have been expressed, the firm has relied upon the materials and facts given by you. The firm's
opinion may be amended as new or different materials or facts are discovered or determined. Scope of this agreement: This retainer agreement of employment does not cover any person or
entity not specifically named below, or any matter other than described above for which the firm has been or will be employed, whether before or at the same time as this agreement or
in the future. 8593201.1 Page 80 of 223
Mayor Shirley Gibson July 1, 2009 Page 3 8593201.1 Nevertheless, in the course of the professional relationship, there may be circumstances in which the firm is called upon to expand
the attorney/client relationship as a result of some change in the scope of the original undertaking or in matters which have been brought to the firm's attention. In the event of such
circumstances, the absence of a new retainer agreement or an amendment to this agreement shall not constitute a defense to, or bar the firm's right to be paid for services provided or
for costs advanced, if any, under the terms and conditions set forth in this agreement, including those fees and costs attributable to expanded, new and/or different work. If you have
any question with respect to this retainer agreement, please contact me when you receive this letter. Otherwise, please execute and return this letter. Your prompt action is requested.
Respectfully, James C. Brady, Esq. For the Firm JCB:jla encl. Agreement with the above terms and conditions is hereby acknowledged on this __ day of July, 2009. ATTEST: CITY OF MIAMI
GARDENS _________________________________ ______________________________ RONETTA TAYLOR, CMC, CITY CLERK MAYOR SHIRLEY GIBSON Pursuant to Internal Revenue Service guidance, be advised
that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used
by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or
(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Page 81 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Sharon Pritchett Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, SUPPORTING INFORMED FAMILIES’ RED RIBBON WEEK TO BE HELD FROM OCTOVER 23RD THROUGH OCTOBER 31ST, 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: Twenty‐six years ago, Informed Families was formed by parents and groups interested in addressing the drug abuse problems among adolescents in Miami Dade. More than
40% of parents believe they have little influence on their children’s drug use and 50% of parents expect their children will use drugs. Informed Parents is a broad‐based, grass roots
volunteer/parent organization that educates, trains, and is a support center for parents, schools and communities to help raise safe, healthy and drug free children. The attached resolution
would add the City of Miami Gardens’ support for Informed Families in their mission to prevent youth substance abuse and reinforcing positive messages. The Red Ribbon is a symbol of
intolerance towards the use of drugs and to present a unified and visible commitment towards the creation of a DRUG‐FREE AMERICA. The purpose behind this Red Ribbon initiative is to
provide an opportunity for parents and the communities to unite and take a visible stand against substance abuse. ITEM J-6) CONSENT AGENDA RESOLUTION Red Ribbon Week Page 82 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilwoman Sharon Pritchett is requesting that City Council approve a resolution supporting the
City of Miami and the Informed Families Red Ribbon Week from October 23rd through October 31st, 2009. Attachment: None Page 83 of 223
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING INFORMED FAMILIES’ RED RIBBON WEEK TO BE HELD FROM OCTOVER 23RD THROUGH OCTOBER
31ST, 2009; 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, Informed Families is an organization
that was created twenty-six years ago, and WHEREAS, Informed Families’ mission is to prevent youth substance abuse, by focusing on children and their families and reinforcing positive
messages, and WHEREAS, since 1986, Informed Families has held a Red Ribbon Campaign, in connection with the National Family Partnership, from October 23rd through October 31st, 2009,
and WHEREAS, the focus of the Red Ribbon Campaign is to inform the general public about the dangers of drug abuse, help parents and schools deliver an effective drug prevention curriculum,
create CRITICAL MASS in order to reduce destructive social norms/behaviors, to promote positive social norms/behaviors, and to maintain good mental health, and WHEREAS, the City of Miami
Gardens would like to support Informed Families and it’s Red Ribbon Campaign 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. 8571050.1
Page 84 of 223
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 Section 2. EXPRESSION OF SUPPORT: The City Council of the City of Miami Gardens hereby expresses
support to Informed Families and its Red Ribbon Week Campaign to be held from October 23rd to October 31st, 2009. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 8, 2009. _________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED
BY:_____________________ VOTE: _____ 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No) 51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman Aaron
Campbell (Yes) ___(No) 53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 56 57 Councilman André Williams (Yes) ___(No) SKD 8571050.1 Page
85 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: City Hall Facilities; Pubic Works; Police Advertising Requirement: (Enter
X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP#0809032 Janitorial X Services Sponsor Name Danny Crew, City Manager Department: City Hall Facilities;
Pubic Works; Police Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A JANITORIAL CONTRACT IN THE AMOUNT OF SIXTY EIGHT THOUSAND, SIX HUNDRED
AND FORTY DOLLARS ($68,640.00) TO USSI FOR JANITORIAL SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE ANNUAL PURCHASE ORDERS, PENDING APPROVED BUDGET ALLOCATIONS, NOT TO EXCEED A MAXIMUM
OF FIVE YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: During the last six years the City has expanded our office space and purchased
two buildings for the Police Department and the Public Works Department. The current janitorial services contract expired and doesn’t include the police or public works buildings. Staff
prepared specifications for janitorial services for the expanded city hall facilities (35,000 sq. ft.), police building (27,000 sq. ft) and public works building (4,710 sq. ft.). The
specifications provide for certain janitorial duties to be accompalished on daily, weekly, quarterly and semi‐annually basis. The janitorial requirements also require the company to
supply all paper products, plastic products, cleaning solutions/products and necessary equipment to perform the janitorial duties. The contract is for an initial period of two years
with option to renew annually, subjected to the appropriation of funds, not to exceed a maximum of five years total. ITEM J-7) CONSENT AGENDA RESOLUTION Awarding a bid to USSI Page 86
of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The specifications were advertised as RFP#08‐09‐032 on March 26, 2009. A broadcast notice was sent to 314 suppliers,
forty‐seven bid packages were requested. A pre‐conference/site visit was held on April 10, 2009 and eighteen companies attended. Nine proposals were received and publicity opened and
read on April 23, 2009. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s office for review. A selection/evaluation committee consisting
of Vernita Nelson, Assistant City Manager; Daniel Perez, Facilities Manager; Ira Dozier and Dane Ryan Foo both Janitorial Supervisors for Parks were provided an evaluation ranking sheet,
proposals, copy of the solicitation, and instructions as to the ranking process. Site visits to facilities currently being maintained of the top ranked company was part of the evaluation
process. The ranking sheets were returned to procurement on May 5, 2009. At which time time the scores were combined and totaled. A meeting was held on May 8, 2009, where committee members
reviewed the scores and agreed that USSI was the top ranked company. Reference questions were determined and tentative dates for site visits. The top ranked compies are as follows: Company
Yearly Cost Total Points • # 1 ‐USSI, Ft. Myers, FL $68,640.00 226 • # 2 – D&A Building, Longwood, FL $81,109.68 157 • # 3 – BT Commercial, Ft. Lauderdale, FL $71,320.88 151 • # 4 –
Kelly Janitorial Services, Miami, FL $94,690.32 132 The committee met on June 16, 2009 to review the received references which were all found favorable. Two site visits of facilities
maintained by USSI were scheduled for June 23, 2009. The committee found the sites clean and very presentable. The owners’ representatives were pleased with the janitorial
company’s performance. Proposed Action: That the City Council approve the attached resolution awarding the Janitorial Services Contract to USSI in accordance with RFP#08‐09‐032 and authorizing
the City Manager to issue annual purchase orders, pending approved budget allocations, not to exceed a maximum of five years. Attachment: Attachment A –Tabulation Sheet Evaluation Ranking
Sheet Page 87 of 223
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A JANITORIAL CONTRACT IN THE AMOUNT OF SIXTY EIGHT THOUSAND, SIX HUNDRED AND FORTY
DOLLARS ($68,640.00) TO USSI FOR JANITORIAL SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE ANNUAL PURCHASE ORDERS, PENDING APPROVED BUDGET ALLOCATIONS, NOT TO EXCEED A MAXIMUM OF FIVE
YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 WHEREAS, City staff prepared specifications for janitorial services for the expanded
city hall facilities, police building, and public works building, in accordance with RFP #08-09-032, and WHEREAS, the specifications were advertised as RFP#08-09-032 on March 26, 2009,
and WHEREAS, nine (9) proposals were received, publicity opened and read on April 23, 2009, and WHEREAS, City staff evaluated the proposals and has ranked them as follows: 9 10 11 12
13 14 15 16 Company Yearly Cost Total Points • # 1 -USSI, Ft. Myers, FL 68,640.00 226 • # 2 – D&A Building, Longwood, FL $81,109.68 157 • # 3 – BT Commercial, Ft. Lauderdale, FL $71,320.88
151 • # 4 – Kelly Janitorial Services, Miami, FL $94,690.32 132, and WHEREAS, City staff is recommending that the City Council award the RFP to USSI for janitorial services, 8576162.1
Page 88 of 223
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, 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 41 42 43
44 45 46 47 48 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 awards a Janitorial Services Contract to USSI in accordance with RFP#08-09-032 in the
amount of $68,640.00, and authorizes the City Manager to issue annual purchase orders, pending approved budget allocations, not to exceed a maximum of five years. 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 CITY COUNCIL MEETING OF
July 8, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER 8576162.1 Page 89 of 223
8576162.1 49 50 51 52 MOVED BY:_____________________ VOTE: _____ 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 60 61 62 Councilman André Williams
(Yes) ___(No) SKD/bfc 8576162.1 Page 90 of 223
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFP# 08-09-032 Janitorial Services April 23, 2009 Company Balanced Proposal Price (max. 100 pts.) Description of
equipment (max 20 pts) Reference (max 120 pts) – based on site visits Contractor’s ability to perform contract – quality assurance programs, training etc. (max 100 pts) Performance Measures
– sample submitted (max 20pts) Firm(s) located in CMG (max. 20 pts.) Firm donate local schools (max. 20 pts) Total (max. 400 pts.) Kleen Master, Inc. 28 8 30 7 0 0 73 Weed-A-Way 36 6
42.5 7 00 91.5 USSI 100 19 83* 88 19 0 0 226 + 83 =309 D&B Building 56 13 73 15 0 0 157 GFS Building 40 9 56 9 00 114 Kelly Janitorial 48 11 58 15 0 0 132 Cleaning Systems 0 5 55 12
0 0 72 Chi-Ada 20 9 48 3 00 80 BT Commercial 60 16 68 7 00 151 Reference checks will be conducted on the four top ranked companies *Site Visit conducted on top ranked company ________________________
_________________________________________________________________________________________________ __ Page 91 of 223
City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet RFP#08-09-032 Janitorial Services April 23, 2009
@2:00 p.m. Kleen Master, Inc. Weed-A-Way, Inc USSI D&A Building Srvs. GFS Building Maint. Kelly Janitorial Systems Cleaning Systems Chi-Ada Corp. B T Commercial Contractor #1City Hall
Buildings Jan. Service $3,502.00 $2,860.00 $2,562.56 $2,820.31 $3,523.28 $3,100.00 $4,050.00 $2,968.00 $2,905.00 Paper Supply 150.00 368.00 126.72 300.00 150.00 300.00 150.00 400.00
319.76 Plastic Supply 50.00 249.00 70.40 100.00 25.00 100.00 50.00 225.00 115.00 Clean Supply 100.00 249.00 56.32 197.71 10.05 40.00 50.00 350.00 90.00 TOTAL COST $3,802.00/mo $45,624.00/yr
$3,726.00/mo $44,712.00/yr $2,816.00/mo $33,792.00/yr $3,448.02/mo $41,376.24/yr $3,708.33/mo $44,499.96/yr $3,540.00/mo $42,480.00/yr $4,300.00/mo $51,600.00/yr $3,943.00/mo $47,316.00/yr
$3,429.76/mo $41,157.12/yr #2 Public Wks Jan. Service $560.00 $636.00 $480.48 $667.09 $393.13 $700.00 $2,500.00 $416.00 $316.98 Paper Supply 95.00 89.00 23.76 50.00 16.19 50.00 150.00
131.00 35.00 Plastic Supply 40.00 89.00 13.20 25.00 3.00 50.00 50.00 62.00 14.02 Clean Supply 65.00 89.00 10.56 36.71 3.00 10.00 25.00 150.00 10.80 TOTAL COST $760.00/mo $9,120.00/yr
$903.00/mo $10,836.00/yr $528.00/mo $6,336.00/yr $778.80/mo $9,345.60/yr $415.32/mo $4,983.84/yr $810.00/mo $9,720.00/yr $2,725.00/mo $32,700.00/yr $759.00/mo $9,108.00/yr $376.80/mo
$4,521.60/yr #3 Police Dept. Jan. Service $3,966.00 $3,458.00 $2,162.16 $2,076.79 $3,838.21 $3,187.86 $465.00 $2,756.00 $1,809.00 Paper Supply 200.00 548.00 106.92 240.00 250.00 173.00
20.00 560.00 199.80 Plastic Supply 75.00 548.00 59.40 75.00 40.00 120.00 5.00 288.00 71.82 CleanSupply 125.00 548.00 47.52 140.00 16.00 60.00 10.00 450.00 56.16 TOTAL COST $4,366.00/mo
$52,392.00/yr $5,102.00/mo $61,224.00/yr $2,376.00/mo $28,512.00/yr $2,532.32/mo $30,387.84/yr $4,144.21/mo $49,730.52 $3,540.86/mo $42,490.32/yr $500.00/mo $6,000.00/yr $4,054.00/mo
$48,648.00/yr $2,136.78/mo $25,641.36/yr Page 92 of 223
Add’l staff $15.00/hr $24.00/hr $18.50/hr $14.50/hr $13.50/hr $13.50/hr $18.00/hr $20.00/hr Didn’t provide Cashier check yes yes yes yes yes yes yes yes yes TOTAL 3 BLDGS. $107,136.00/yr
$116,772.00/yr $68,640.00/yr $81,109.68/yr $99,214.32/yr $94,690.32/yr $90,300.00/yr $105,072.00/yr $71,320.08/yr The following proposals were non-responsive & will not be evaluated:
• Admire Cleaning Service – submitted company check – cashier check was required • SFM Services, Inc. – submitted bid bond – cashier check was required Page 93 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: Bond Proceeds Advertising Requirement: (Enter X in box) Yes No x Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: n/a Sponsor Name Danny Crew Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN RETAINER AGREEMENT WITH THE LAW FIRM OF ADORNO & YOSS WITH RESPECT TO BOLAND ACQUISITION BOND, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR A CONTINGENCY; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: In order to issue bonds, it is necessary to have bond counsel. Mr. Jeff DeCarlo has been the City’s Counsel on previous agreements/issues, including the complicated
Warren Henry deal and, because of his familiarity with our issues, it is recommended that we again retain his services. The City Attorney has reviewed his proposal and agrees with the
recommendation. Recommendation: That City Council approve the resolution hiring Adorno & Yoss as bond counsel. Attachment: Engagement Letter ITEM J-8) CONSENT AGENDA RESOLUTION Agreement
w/Adorno & Yoss Page 94 of 223
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN BOND COUNSEL AGREEMENT WITH JEFFREY D.
DECARLO OF ADORNO & YOSS RELATING TO PROVISION OF LEGAL SERVICES IN REFERENCE TO A PROPOSED NINE MILLION DOLLAR ($9,000,000.00) LAND ACQUISITION AND IMPROVEMENTS BOND; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager is proposing that the City Council authorize the issuance of a Nine Million Dollar ($9,000,000.00)
land acquisition and improvements bond, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the City has utilized the services of Jeffrey D. DeCarlo of Adorno & Yoss to assist
the City with past bond deals, and WHEREAS, the City manager and City Attorney are recommending that Jeffrey D. DeCarlo assist the City with the proposed Nine Million Dollar ($9,000,000.00)
equipment bond financing project, and WHEREAS, the fees for this service will range between Seven Seven Thousand Five Hundred Dollars ($7,500.00) and Fifteen Thousand Dollars ($15,000.00),
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby
authorizes the City Manager to execute that certain Agreement between the City of Miami Gardens and Jeffrey D. DeCarlo of Adorno & Yoss for bond counsel services Page 95 of 223
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 relating to that certain Nine Million Dollar ($9,000,000.00) land acquisition and improvements bond.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING
HELD ON JULY 8, 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: _____ 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 54 55 Councilman André Williams (Yes) ___(No) SKD/Page 96 of 223
Adorno & Yoss a limited liability partnership 2525 Ponce de Leon Boulevard, Suite 400 Miami, Florida 33134-6012 Phone: (305) 460-1000, Fax: (305) 460-1422 www.adorno.com JEFFREY D. DECARLO
DIRECT LINE: (305) 460-1025 EMAIL: JDC@ADORNO.COM June 12, 2009 Danny O. Crew, City Manager City of Miami Gardens 1515 NW 167th Street, Bldg 5, Suite 200 Miami Gardens, Fla. 33169 Re:
Proposal for Bond Counsel and Real Estate Counsel-$9,000,000 City of Miami Gardens, Florida Taxable Land Acquisition Revenue Bonds (Cornerstone Property)_________________________ Dear
Danny: Thank you for the opportunity to continue to represent the City of Miami Gardens, Florida (the “City”) as bond counsel and as real estate counsel on the upcoming land acquisition
financing, by which the City will issue its taxable revenue bonds (the “Bonds”) to acquire certain property from The Cornerstone Group (the “Company”) and potentially give the Company
the option to purchase a portion of the property back from the City within the first two years. years. As bond counsel, we will: 1. Examine applicable law; 2. Prepare or review (i) the
authorizing ordinance and resolutions (collectively the “Bond Resolution”) of the City, (ii) such other documents as may be required by the financing or which we deem necessary for rending
our opinion, and (iii) the forms of such closing documents, certificates and opinions of counsel, as may be required by the terms of the financing and applicable federal and state laws;
3. Consult with the parties prior to the issuance of the Bonds; 4. Review the City Charter and certified proceedings; 5. Attend City Council meetings at which the Bond are discussed,
if requested; and 6. Undertake such additional duties as are necessary to render our opinion. {M1826077_1} Page 97 of 223
Danny O. Crew City of Miami Gardens June 12, 2009 Page 2 As real estate counsel, we will: 1. Examine applicable law; 2. Prepare and negotiate (i) the purchase and sale agreement to purchase
the property (the “Purchase Agreement”), (ii) the option agreement from the City to the Company (the “Option Agreement”), (ii) such other documents as may be required by the transaction,
and (iii) the forms of such closing documents, certificates and opinions of counsel, as may be required by the terms of the financing and applicable federal and state laws; 3. Review
all due diligence items prior to the purchase; 4. Act as title agent for the issuance of a title policy on the property; 5. Attend City Council meetings at which the transaction is discussed,
if requested; 6. Represent the City at the closing and prepare all closing documentation; and 7. Undertake such additional duties as are necessary to complete the transaction. Subject
to the completion of proceedings to our satisfaction, we will render our opinion on the Bonds that: 1. The City is duly created and validly existing as a municipality under the laws
of the State of Florida, with authority to adopt the Bond Resolution, perform its obligations thereunder and issue the Bonds; 2. The Bond Resolution has been duly authorized by the City
and constitutes a valid and binding obligation of the City; 3. The Bond Resolution creates a valid lien on the revenues pledged under the Bond Resolution for the security of the Bonds;
and 4. The Bonds have been duly authorized by the City and are valid and binding obligations of the City, payable solely from the revenues as provided in the Bond Resolution. {M1826077_1}
Page 98 of 223
Danny O. Crew City of Miami Gardens June 12, 2009 Page 3 The opinion will be executed and delivered by us in written form on the date the Bonds are exchanged for their purchase price
(the “Closing”), and will be based on facts and laws existing as of its date. In rendering the opinion, we will rely upon representations of the City set forth in the Bond Resolution
and in the certified proceedings and other certifications of public officials (including certifications as to the use of bond proceeds and other matters) without undertaking to verify
the same by independent investigation. The opinion is typically addressed to the City, and may be relied upon by the purchasers of the Bonds. Regarding our services as bond counsel,
we understand that the Bonds will be sold in a private placement to a bank, and that the security will be certain designated revenues of the City, such as the utility services tax. Based
on these assumptions, our fees as bond counsel will be $15,000, plus out-of-pocket expenses. Regarding our services as real estate counsel, we understand that the City expects that the
Company will not engage in extensive negotiations over the terms of the Purchase Agreement or the Option Agreement. We also understand that the City will close on the purchase of the
property first, that any approval of the Option Agreement will be considered by the City Council at a subsequent meeting, and that if the City Council approves the Option Agreement,
that agreement will be finalized and executed a second closing. Based on these assumptions, (i) our fees as real estate counsel for drafting the Purchase Contract and the related closing
documents, and for reviewing all diligence items, will be $25,000, plus out-of-pocket expenses, and (ii) our fees as real estate counsel for drafting the Option Contract and the related
closing documents for the closing on the Option Agreement will be $7,500, plus out-of-pocket expenses If there are extensive negotiations with the Company over the documents, or unforeseen
circumstances arise necessitating additional work on our part, we understand that we can renegotiate the amount of this fee with the City Attorney in order to compensate us for time
actually spent at our standard hourly rates. In addition, as part of our services as real estate counsel, we wish to make the City aware that there will be a fee for providing title
insurance on the property, which fee is imposed in accordance with a standard schedule promulgated by the State Insurance Commissioner. Based on the anticipated size of the financing,
the title insurance fee will be approximately $29,000. The firm will retain approximately 65% of that amount for our risk in issuing the policy. The fees for bond counsel services and
real estate counsel services are usually payable at Closing, and we customarily do not submit any statement until the Closing or unless there is a substantial delay in completing the
financing. If, after we have begun work on the financing, the financing is not consummated, we will expect to be compensated at our standard hourly rates for time actually spent, plus
out-of-pocket expenses. {M1826077_1} Page 99 of 223
Danny O. Crew City of Miami Gardens June 12, 2009 Page 4 {M1826077_1} If you are in agreement with the foregoing, please indicate your assent or that of the appropriate City official
by signing in the place provided below, returning one executed copy of this letter to us and keeping one copy of this letter for your files. I look forward to working with you again.
If you have any questions or require additional information, please call me. Very truly yours, Jeffrey D. DeCarlo Agreed to and acknowledged by: CITY OF MIAMI GARDENS, FLORIDA By: Name:
Title: The foregoing is acknowledged by: THE CORNERSTONE GROUP By: Name: Title: Page 100 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8,2009 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: Bond Proceeds Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFP#0809053 Financing Proposal X Sponsor Name Dr.
Danny Crew, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF NINE MILLION DOLLARS ($9,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City also requires financing of nine million for the acquisition of forty‐six (46) acres of undeveloped
land for future economic development activities. The property is currently zoned and approved for 660 townhouse units. Staff prepared the proposal document RFP#08‐09‐052 and advertised
on June 12, 2009. A broadcast notice was sent to 511 vendors. Twenty‐three proposal packages were requested. The proposals were opened on June 22, 2009. Four proposals were received
and publicly read. Proposals were received from Bank of America, Naples, Florida; BBT Governmental Finance, Orlando, Florida; Fifth Third Bank, Sunrise, 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 June 30, 2009, to discuss the criteria. Mr. ITEM
J-9) CONSENT AGENDA RESOLUTION Agreement w/Bank of America ($9 Million Bond) Page 101 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Alonso provided the committee with a spreadsheet which included type of facility, draw down rate, fixed rate, bank
fees, and prepayment penalities. After considering the responses and the City’s needs, the Committee has ranked as number one, the proposal received from Bank of America. 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 four proposals
received. Proposed Action: Recommendation: That the City Council approve the resolution authorizing the negotiation of a contract with Bank of America, located in Naples, Florida for
the City’s financing needs. Attachment: The spread sheet is attached as exhibit A. Copies of of the proposals have been provided earlier. Page 102 of 223
RESOLUTION No. 2009 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH
BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF NINE MILLION DOLLARS ($9,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. WHEREAS, the City Council has made a determination that it would like to purchase a forty-six (46) acres of undeveloped land for future economic development activities
and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, staff prepared RFP#08-09-052 and advertised it on June 12, 2009, and WHEREAS, proposals were received from Bank of America, BBT Governmental
Finance, Fifth Third Bank, and Wachovia Bank, NA, Miami, Florida, and WHEREAS, a staff evaluation committee evaluated the proposals in accordance with the criteria established by the
RFP, and WHEREAS, after considering the responses and the City’s needs, the Committee has ranked the proposal received from Bank of America as number one, and WHEREAS, in reaching the
ranking, the committee considered a number of factors including: interest rates, loan term, call terms, collateral requirements, debt coverage requirements, flexibility, and ease of
utilization and creativity in financing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 103 of 223
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.
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 50 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to negotiate and execute a financing agreement with Bank of America, in the amount of nine million dollars ($9,000,000.00) for the purchase of that certain (46) acres
of undeveloped land for future economic development activities. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 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: _____ Page 104 of
223
51 Mayor Shirley Gibson (Yes) ___(No) 52 Vice Mayor Barbara Watson (Yes) ___(No) 53 Councilman Melvin L. Bratton (Yes) ___(No) 54 Councilman Aaron Campbell (Yes) ___(No) 55 Councilman
Oliver Gilbert, III ___(Yes) ___(No) 56 Councilwoman Sharon Pritchett (Yes) ___(No) 57 Councilman André Williams (Yes) ___(No) 58 59 60 61 62 8592200.1 Page 105 of 223
CITY OF MIAMI GARDENS ANALYSIS OF BID RESPONSES $9 Million Financing Proposal Bank of America Wachovia BB&T Fifth Third Bank Did not bid Amount $ 9,000,000 $ 9,000,000 $ 9 ,000,000 Type
Taxable Bond Taxable Bond Taxable Bond Interest Rate Fixed Rate Option 5.27% as of June 18 (Sum of 5 year Interest Rate Swap plus 215 basis points) 6.50% LIBOR plus 425 bps if interest
rate swap is not executed and LIBOR plus 300 bps if swap is executed with bank. Variable Rate option 3.00% as of June 18, 2009( based on 30 day LIBOR plus 225 bps, rate changes daily)
None None Terms Fixed or variable rate for 5 years Fixed rate for 5 years 5 Year term Prepayment Penalty Yes on fixed, No on variable No Znone Collateral Communication Services Tax,
Half Cent Tax, and the Electric Utility Tax Electric Utility Tax Communication Services Tax, Half Cent Tax, and the Electric Utility Tax Depository Requirement Maintain deposit balances
of at least $2.6 million for at least two years, plus all unspent proceeds shall be left on deposit deposit with them NONE Requires city to keep $11 Million on deposit Closing Costs
$4,500.00 $3,500.00 $800.00 Page 106 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8,2009 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: Bond Proceeds Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFP#0809053 Financing Proposal X Sponsor Name Dr.
Danny Crew, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City requires financing of four million for the purchase of a fourteen (14) acre tract of land which
includes five buildings to renovate on building as a senior center and develop a park on the remaining remaining acreage. Staff prepared the proposal document RFP#08‐09‐052 and advertised
on June 12, 2009. A broadcast notice was sent to 511 vendors. Twenty‐three proposal packages were requested. The proposals were opened on June 22, 2009. Four proposals were received
and publicly read. Proposals were received from Bank of America, Naples, Florida; BBT Governmental Finance, Orlando, Florida; Fifth Third Bank, Sunrise, 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 June 30, 2009, to discuss the criteria. Mr. ITEM
J-10) CONSENT AGENDA RESOLUTION Agreement w/Bank of America ($4 Million Bond) Page 107 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Alonso provided the committee with a spreadsheet which included type of facility, draw down rate, fixed rate, bank
fees, and prepayment penalities. After considering the responses and the City’s needs, the Committee has ranked as number one, the proposal received from Bank of America. 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 four proposals
received. Proposed Action: Recommendation: That the City Council approve the resolution authorizing the negotiation of a contract with Bank of America, located in Naples, Florida for
the City’s financing needs. Attachment: The spread sheet is attached as exhibit A. Copies of of the proposals have been provided earlier. Page 108 of 223
RESOLUTION No. 2009 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has made a determination that it would like to purchase a fourteen (14) acre tract of land at the Northwest Corner
of 183rd Street and 12th Avenue, which includes five buildings to renovate on building as a senior center and develop a park on the remaining acreage, and 1 2 3 4 5 6 7 8 9 10 11 12
13 14 15 16 17 WHEREAS, staff prepared RFP#08-09-052 and advertised it on June 12, 2009, and WHEREAS, proposals were received from Bank of America, BBT Governmental Finance, Fifth Third
Bank, and Wachovia Bank, NA, Miami, Florida, and WHEREAS, a staff evaluation committee evaluated the proposals in accordance with the criteria established by the RFP, and WHEREAS, after
considering the responses and the City’s needs, the Committee has ranked the proposal received from Bank of America as number one, and WHEREAS, in reaching the ranking, the committee
considered a number of factors including: interest rates, loan term, call terms, collateral requirements, debt coverage requirements, flexibility, and ease of utilization and creativity
in financing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 109 of 223
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.
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 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to negotiate and execute a financing agreement with Bank of America, in the amount of four million dollars ($4,000,000.00) for the purchase of that certain (14) acre
tract of land at the Northwest Corner of 183rd Street and 12th Avenue. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 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: _____ Page 110 of
223
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 62 63 8592200.1 Page 111 of 223
CITY OF MIAMI GARDENS ANALYSIS OF BID RESPONSES $4 Million Financing Proposal Bank of America Wachovia BB&T Fifth Third Bank Amount $ 4,000,000 $ 4,000,000 $ 4,000,000 $ 4,000,000 Type
Bank Qualified tax exempt loan Bank Qualified tax exempt loan Bank Qualified tax exempt loan Bank Qualified tax exempt loan Interest Rate 4.79% as of June 18 (Sum of 63.7% of the 10
year Interest Swap Rate plus 222 basis points) 4.4% as of June 12, 2009(5 year US Dollar Swap Offering rate plus 102 basis points.) 5.41% 2.15% as of June 22, 2009 (Floating Tax Exempt
equivalent of monthly LIBOR plus 300 basis points.) REQUIRED HEDGE IF YOU WANT FIXED RATE Terms Fixed rate for twenty years Five Year note with 20 yr amortization. Balloon payment due
at the end of five years or you need to refinance the debt 20 Year fixed rate note 364 day loan with Put Option Prepayment Penalty Yes Yes Yes, none after 10 years Znone Collateral Communication
Services Tax, Half Cent Tax, and the Electric Utility Tax Electric Utility Tax Communication Services Tax, Half Cent Tax, and the Electric Utility Tax Communication Services Tax, Half
Cent Tax, and the Electric Utility Tax Depository Requirement Maintain deposit balances of at least $2.6 million for at least two years, plus all unspent proceeds shall be left on deposit
with them NONE NONE Requires city to keep $11 Million on deposit Closing Costs $4,500.00 $3,500.00 None $800.00 Page 112 of 223
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 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: Proposed Revenue Bond Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager 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 EIGHT MILLION, EIGHT HUNDRED THOUSAND
DOLLARS (8,800,000.00) AUTHORIZING THE USE OF PROCEEDS FROM A $9,000,000.00 LAND ACQUISITION AND IMPROVEMENTS BOND ISSUE 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: Extraordinary time
bring extraordinary opportunities. One such opportunity was the recent Warren Henry land purchase and option. That deal provided the City with the opportunity to assist a major developer
stay in the community while at the same time, giving the City a revenue source ($72,000 per year) and/or the opportunity to own a major commercial development site with the City at a
price $2 million under appraisal. Now another major economic development opportunity has been presented to the City for consideration. The Warren Henry deal set a high standard for City
participation. As I described at the time, I wouldn’t recommend a deal that was not a win‐win situation for the City. Now the City has been offered another ITEM K-1) RESOLUTION Exercising
an Option Agreement Page 113 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 development opportunity that I could also describe as a win‐win for the City and have secured a purchase option
to give City Council the opportunity to consider he offer. Council is aware of the 46 acre commercial/residential development approved several years ago with Cornerstone Properties on
the east side of NW 27th Avenue, east and south of NW 191st Street. The development consisted of office commercial along NW 27th Avenue and 600+ residential townhouses in the area behind
the old police station south almost to the County Library. Cornerstone Properties has approached the City with a deal similar to that reached with Warren Henry. They are proposing a
similar arrangement; however, as an added incentive, they are willing to deed the two (2) commercial office lots immediately north of 191st Street along NW 27th Avenue to the City. These
lots have an appraised value of $2.4 million. They would be deeded to the City at the closing; allowing the City to immediately offer the lots for sale/development. Other particulars
would be similar to the Warren Henry transaction. They would propose an option to repurchase the remaining land and would pay the City monthly, non‐refundable option fees plus 1% for
our carrying cost (approx. $100,000/year). Upon issuance of their building permits, they could exercise the option and complete the project. All out‐of‐pocket costs of the transactions
would be borne by Cornerstone. In addition, any increase in the market value of the property during this period would be split 50/50 with the optionee as was the case in the Warren Henry
transaction. Currently, Cornerstone owes approximately $10 million on the property. The appraised price of this land (excluding the 2 commercial lots) is $12,500,000. The City’s purchase
price is $8,800,000. In order to complete the deal, the City would have to issue a not‐to‐exceed $9 million in Taxable revenue bond (includes issuing expenses) to make the purchase.
This would result in a yearly debt service payment of approximately $850,000. The City’s pledge for this payment would be the electric franchise. I have also attached a memo from Daniel
Rosemond detailing the economic development aspects of the proposal. As was the case with Warren Henry, if the option is not exercised, they City would have the property to use in its
economic development efforts. And like Warren Henry, the City would have to assume payment on the bond. It is anticipated that that the marketability of this property would limit the
City’s exposure; additionally, the City will have a new revenue source available at that time to help cover this cost – the Calder Revenue. This could be used as a temporary bridge until
the property is re‐sold. Recommendation: That City Council approve the purchase of the Cornerstone properties. Attachment: Attachment #1 is a map of the property. Appraisal Summary ‐46
acres (Full report available with Hillary) Appraisal Summary – 2 Commercial Lots Page 114 of 223
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Environmental Report (Full report available with Hillary) Option and Contract Attachment #1 Wal‐Mart 46 acres Property
to be deeded to City at Closing Future City Hall Site 7 Acres to be retained by developer for senior residential development Library Page 115 of 223
1 RESOLUTION No 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 EIGHT MILLION, EIGHT HUNDRED THOUSAND DOLLARS (8,800,000.00)
AUTHORIZING THE USE OF PROCEEDS FROM A $9,000,000.00 LAND ACQUISITION AND IMPROVEMENTS BOND ISSUE 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 to be purchased will be meaningful
to the City’s redevelopment efforts, 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 $8,800,000.00, and Page 116 of 223
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 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 utilize proceeds from a $9,000,000.00 land acquisition and improvements
bond 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 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
$9,000,000.00 land acquisition and improvements bond for the purchase of the Property. Section 5. EFFECTIVE DATE This Resolution shall take effect immediately upon its final passage.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAM1 GARDENS AT ITS REGULAR MEETING HELD ON JULY 8, 2009. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 _____________________________
SHIRLEY GIBSON, MAYOR ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by: SONJA K. DICKENS, City Attorney Assistant City Attorney SPONSORED BY: DANNY
O. CREW, CITY MANAGER 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 (Yes) ___(No) 27 Councilman André Williams (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman Oliver Gilbert, III (Yes) ___(No)
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ITEM L-1) MANAGER REPORT May 2009 Budget Status Report Page 183 of 223
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