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HomeMy WebLinkAboutJune 24, 2009 Council Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: June 24, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: July 8, 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 – May 27, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) June 24, 2009 Page 1 Page 1 of 174 Regular City Council Agenda June 24, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Deputy Chief Miller – Kiwanis Scholarship Announcement F-2) Deputy Chief Miller – Hurricane Preparedness F-3) Mayor Gibson -John Casbarro, Kids and the Power of Work (KAPOW) F-4) Councilwoman Pritchett – The Miami Gardens Super Soul Steppers F-5) Councilwoman Pritchett -Peggy Sapp, Founder/CEO Informed Families & David Williams Jr. -Red Ribbon Campaign (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING H-1) 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 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-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) H-3) 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. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Page 2 of 174 Regular City Council Agenda June 24, 2009 Page 3 (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III AND THE CITY MANAGER) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESOLUTION LEVYING AN ADMINISTRATIVE FEE OF $500.00 FOR THE RELEASE OF LIEN IN CERTAIN INSTANCES; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A SETTLEMENT AMOUNT FOR THE ISSUANCE OF PARTIAL RELEASES OF LIEN IN CERTAIN INSTANCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER/CITY ATTORNEY) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FLEET TIRE TRUCK AND AUTO CENTER, INC., FOR PREVENTATIVE FLEET MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS FOR THE SERVICES NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; 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 BID TO SOLO CONSTRUCTION CORPORATION IN AN AMOUNT NOT TO EXCEED $683,203.00, INCLUDING A FIFTEEN PERCENT (15%) CONTINGENCY, FOR INFRASTRUCTURE IMPROVEMENTS IN THE KINGS GARDENS I AND II NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH THE VENDOR FOR THIS Page 3 of 174 Regular City Council Agenda June 24, 2009 Page 4 PURPOSE; 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, AWARDING A BID TO PABON ENGINEERING, INC. AS PRIMARY CONTRACTOR AND TRAN CONSTRUCTION, INC. AS SECONDARY CONTRACTOR FOR REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CREATION OF A MASTER PLAN FOR SUNSHINE STATE INTERNATIONAL PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN BOND COUNSEL AGREEMENT WITH JEFFREY D. DECARLO OF ADORNO & YOSS RELATING TO PROVISION OF LEGAL SERVICES IN REFERENCE TO A PROPOSED FOUR MILLION DOLLAR ($4,000,000.00) LAND ACQUISITION AND IMPROVEMENTS BOND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO APPLY FOR AND RECEIVE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS THROUGH THE OFFICE OF WEATHERIZATION AND INTERGOVERNMENTAL PROGRAMS IN THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY OF THE U.S. DEPARTMENT OF ENERGY IN THE AMOUNT OF $989,200; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Page 4 of 174 Regular City Council Agenda June 24, 2009 Page 5 (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE TAX-EXEMPT BONDS FOR VARIOUS MUNICIPAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AGREEING TO PURCHASE THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO FROM THE ARCHDIOCESE OF MIAMI, FOR THE SUM OF $3,600,000.00; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE, A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE ARCHDIOCESE; PROVIDING IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A,” 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) City Manager’s Monthly 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.miamigardensfl.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 5 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 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. 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. ITEM H-1) ORDINANCE FIRST READING Amending Purchase Ordinance Page 6 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Due to the time constraints imposed by the NSP (18 months to use the funds), City staff must work diligently to ensure program compliance. 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 (on 1st reading) requests City 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 further amending section 2 of ordinance 2009‐03‐175. Attachment: None Page 7 of 174 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 8 of 174 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 9 of 174 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 10 of 174 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 11 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 H-2) ORDINANCE FIRST READING Amending Ord. 2005-13-51 Page 12 of 174 1 of 8 8519253.1 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 13 of 174 2 of 8 8519253.1 MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES SIGN, PAVEMENT AND 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 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 14 of 174 3 of 8 8519253.1 (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 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. (G.) Items such as clothes, rugs, bedding or other miscellaneous items shall not be hung across or over fences. (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 15 of 174 4 of 8 8519253.1 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. (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 16 of 174 5 of 8 8519253.1 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 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 or lessees may receive enforcement notices in connection with enforcement; however, the property owner is ultimately responsible for compliance. Page 17 of 174 6 of 8 8519253.1 (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. Page 18 of 174 7 of 8 8519253.1 (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 19 of 174 8 of 8 8519253.1 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 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: Mayor Shirley Gibson (Yes) (No) Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell (Yes) (No) Councilman Oliver Gilbert, III (Yes) (No) Councilman André Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Page 20 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 Oliver Gilbert/Danny O. Crew Department: Mayor/Council /City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: According to the provisions in Chapter 893, Florida Statutes and other relevant laws, the City Council has the authority to create a Nuisance Abatement Board to prevent the use of real property for the unlawful sale, delivery or possession of controlled substances, prostitution, youth and street gang activity, or other criminal activity as defined by law. The attached ordinance proposes the creation of a Nuisance Abatement Board in the City of Miami Gardens. The main purpose of the board will be to prevent properties located within the City from being public nuisances as well as abating existing nuisances. A public nuisance under this ordinance is defined as: (1) On more than two occasions within a 6‐month period, as the site of a violation of §796.07, Florida Statutes; (2) On more than two occasions within a 6‐month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; ITEM I-1) ORDINANCE SECOND READING Nuisance Abatement Board Page 21 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 (3) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (4) By a criminal gang for the purpose of conducting criminal gang activity as defined by §874.03, Florida Statutes; or (5) On more than two occasions within a 6‐month period, as the site of a violation of §812.019, Florida Statutes relating to dealing in stolen property. The ordinance provides for board membership and general powers. It also defines the Nuisance Abatement process from complaint to final order and provides specific guidelines for the board to follow as it relates to the declaration of a nuisance and the issuance of fines. It is anticipated the City Attorney’s Office and the Police Department will be primarily responsible for the administration of the Nuisance abatement Process. Proposed Action: Councilman Oliver Gilbert recommends the approval of the attached ordinance creating a Nuisance Abatement Board. Attachment: None Page 22 of 174 8491965.1 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Miami Gardens has the authority to protect the health, safety, and welfare of all of its residents, and WHEREAS, pursuant to Chapter 893, Florida Statutes, and other relevant laws, the City Council would like to create a Nuisance Abatement Board to prevent the use of real property for the unlawful sale, delivery or possession of controlled substances, prostitution, youth and street gang activity, or other criminal activity as defined by law, 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. PURPOSE: The City of Miami Gardens has a compelling interest in preventing real properties located within the City from being public nuisances, thereby negatively affecting the quality of life of the residents of the City of Miami Gardens. The City intends to promote, protect, and improve the health, safety Page 23 of 174 8491965.1 Page 2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 and welfare of the City’s residents by creating a Nuisance Abatement Board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective and inexpensive method of abating nuisances. It is the intent of this article to provide the city with an additional and supplemental means to abating public nuisances. Nothing contained herein shall preclude the city from abating nuisances under Section 60.05, Florida Statutes or as otherwise provided by law. SECTION 3. DEFINITIONS: As used herein, the following words shall have the following meanings: a. City Attorney means the chief legal advisor for the City of Miami Gardens or his/her designee. b. Clerk of the Board means the person appointed by the City Manager to perform the clerical duties necessary to carry out the activities of the Nuisance Abatement Board c. Complaint means written documentation either in the form of a state, federal or local law enforcement report, police report, incident report, arrest report, uniform civil violation notice, warning notice, notice of violation, notarized affidavit, or oral or written sworn statement documenting an incident(s) or reasonable belief (as substantiated by local, state, or federal law enforcement, judicial, or government officials) that a public nuisance is being maintained and/or created upon premises within the city. d. Controlled substance means any drug, narcotic, or other substance identified and prohibited under Chapter 893, Florida Statutes, as amended from time to time. e. Criminal street gang shall have the same meaning as set forth under Section 874.03, Florida Statutes. f. Criminal street gang activity shall mean those activities committed by a criminal street gang or member thereof as set forth under Section 874.03, Florida Statutes. g. Dealing in stolen property shall have the same meaning as that provided under Section 812.019, Florida Statutes. h. Delivery means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance, whether or not there is an Page 24 of 174 8491965.1 Page 3 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 agency relationship. i. Owner or Operator means the owner, tenant, lessee or person having control or possession of the place or premises. j. Nuisance Abatement Board or Board means the nuisance abatement board of the City of Miami Gardens. k. Place or Premises means any residential property, commercial property, farm land, industrial land, land, vacant lot, parking area, vessel, motor vehicle, area controlled by a homeowner or condominium or other similar property owners' association, or other property that comes within the control of a business, or business enterprise, or other activity associated with a business. l. Prostitution or prostitution-related activity means any act constituting a violation of Section 796.07, Florida Statutes. m. Public Nuisance or nuisance shall be defined as any place or premises within the City of Miami Gardens which has been used as follows (1) On more than two occasions within a 6-month period, as the site of a violation of §796.07, Florida Statutes; (2) On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (4) By a criminal gang for the purpose of conducting criminal gang activity as defined by §874.03, Florida Statutes; or (5) On more than two occasions within a 6-month period, as the site of a violation of §812.019, Florida Statutes relating to dealing in stolen property. (n) Recurring public nuisance means any single or multiple instance of conduct prescribed in Section 893.138, Florida Statutes that occurs during Page 25 of 174 8491965.1 Page 4 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 the effective term of an order entered by the nuisance abatement board. (o) Stolen property shall mean tangible, intangible, personal or real property having any monetary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. SECTION 4. DECLARATION: Any place or premise within the City of Miami Gardens shall be declared a nuisance, and such nuisance may be abated in accordance with this Ordinance, if the premises have been used as follows: (a) On more than two occasions within a 6-month period, as the site of a violation of §796.07, Florida Statutes; (b) On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (c) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (d) By a criminal gang for the purpose of conducting criminal gang activity as defined by §874.03, Florida Statutes; or (e) On more than two occasions within a 6-month period, as the site of a violation of §812.019, Florida Statutes relating to dealing in stolen property SECTION 5. CREATION OF BOARD: the City Council of the City of Miami Gardens hereby creates a “NUISANCE ABATEMENT BOARD”, as follows: A. PURPOSE. Page 26 of 174 8491965.1 Page 5 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 The nuisance abatement board shall be a quasi-judicial body that shall make determinations whether places or premises within the City constitute nuisances as defined in Section 3. B. MEMBERSHIP. 1. The board shall consist of seven (7) individuals who are residents of the City and/or who own or operate businesses within the city. The Mayor and each Council Member shall appoint a member to the Board, which member shall serve at the pleasure of the Mayor or Council Member making the appointment. The Mayor and Council Members serving in the at-large Council seats shall appoint members to serve for a twoyear initial term. The Council Members serving in Seats 1, 2, 3, and 4 shall appoint members to serve a three-year initial term. Thereafter, each member shall be appointed to serve a two (2) year term, or until his or her successor is appointed, whichever whichever occurs later. Appointments to fill a vacancy shall be for the remainder of the unexpired term. 2. All provisions of Ordinance No. 2005-02-40 (General rules for boards), as amended, not in conflict herewith, shall apply to the Nuisance Abatement Board. C. GENERAL POWERS. The nuisance abatement board shall have the powers as delineated in section 893.138, Florida Statutes, which shall include, but not be limited to the following: (1) Jurisdiction to hear and decide complaints alleging that a place or a premise constitutes a public nuisance as defined under Section 893.138, Florida Statutes. The nuisance abatement board shall have continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared a public nuisance pursuant to this article. Page 27 of 174 8491965.1 Page 6 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 (2) The power to adopt rules of procedure for the administration and conduct of its hearings. Such rules shall not be inconsistent with this article and the rules of procedure adopted by the city council. Any rules adopted by the nuisance abatement board shall facilitate the efficient administration of hearings before it and ensure fundamental due process. (3) The power to subpoena respondents, witnesses, and evidence, records and other material relevant to the proceedings, to its hearings and take testimony under oath. Subpoenas may be served by the Miami Gardens Police Department or by such other person provided by law. (4) Issue orders having the force and effect of law, which include, but are not limited to, the prohibition, enjoinment or abatement of public nuisances, including the establishment and levy of fines. D. REPRESENTATION. The City Attorney or his/her designee shall represent the city as prosecutor and present cases before the board, and shall not therefore act as counsel for the board. The board shall rely on advice from independent legal counsel who shall be recommended by the City Attorney for appointment by the City Council, for a term not to exceed two (2) years. Board counsel shall serve no more than four (4) consecutive terms Said attorney can be removed by the City Council upon the recommendation of the City Attorney. SECTION 6. INITIATION OF PROCEEDINGS A. COMPLAINT PROCESS. 1. Any employee, officer or resident of the city may file a complaint with the board with regard to nuisances described in Section 3. No member of the board may file a complaint with the board. All complaints shall be filed with the clerk of the board. 2. Upon receipt of a complaint, the same shall be investigated by the Police Department to verify the allegations in the complaint and to Page 28 of 174 8491965.1 Page 7 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 gather supporting police reports and documentation. If a complaint is substantiated, the complaint, along with all supporting police reports and documentation, shall be submitted to the City Attorney or his/her designee to determine whether the case meets the requirements of law. 3. Upon notification by the City Attorney’s office that a complaint meets the requirements of law, the clerk shall schedule a hearing for each complaint. 4. The clerk shall give written notice of every hearing by certified mail to the address listed on file with the Property Appraiser’s office, or hand delivery to the owner(s) and operator(s) at the last known address at least ten (10) days prior to the scheduled hearing. If an attempt to reach an owner or operator by certified mail or hand delivery is unsuccessful, notice of the hearing may be by publication as as provided in Florida Statutes, Chapter 49. Notice shall include the following: (a) The time, date, place and nature of the hearing; (b) A reference to the City of Miami Gardens Nuisance Abatement Ordinance; (c) A short and plain statement summarizing the incidents, which form the basis of the complaint; (d) A statement that "failure to attend may result in an order being issued adverse to your interests"; (e) A statement that all parties may be represented by counsel; (f) A statement that all parties shall be given an opportunity to present evidence in support of their position, submit rebuttal evidence, and conduct cross-examination; and (g) A conspicuous statement reflecting the requirements of Florida Statutes, Chapter 286, that a person deciding to appeal any decision of the board will need to ensure that a verbatim record of the proceedings is made. Page 29 of 174 8491965.1 Page 8 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 (h) Meetings of the board shall be open to the public, and minutes shall be kept. . B. Conduct of Hearing 1. The city attorney, or his/her designee, shall present evidence before the board on behalf of the city. All parties shall have an opportunity to present evidence and argument on all issues involved, conduct crossexamination and submit rebuttal evidence, and to be represented by counsel. 2. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be given under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. Orders of the board shall be based upon competent and substantial evidence. 3. The city attorney or his/her designee shall have the burden of proving the existence of an unlawful public nuisance by clear and convincing evidence. 4. If the alleged violator(s) has been given proper notice of the hearing before the board, and fails to appear, the board may proceed with a hearing in absentia on the merits of the alleged violation. Any findings or orders resulting from such hearing are valid and binding upon the violator(s). C. Post Hearing At the conclusion of the hearing and after considering all evidence presented at such hearing, the board is authorized to issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist, the board may enter an order requiring the owner of such place or premises to adopt such procedures as may be appropriate under the circumstances to abate such nuisance or it may enter an order immediately prohibiting: 1. The maintaining of the nuisance; Page 30 of 174 8491965.1 Page 9 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 2. The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or 3. The conduct, operation, or maintenance of any business or activity on the premises, and/or business or activity which is conducive to the maintenance of such nuisance, which prohibition may include the suspension or revocation of any city local business tax receipt issued or renewed pursuant any City of Miami Gardens code or ordinance; 4. Any Order entered under this section may be enforced in accordance with §120.69, Florida Statutes. SECTION 7. PENALTIES. The Board may enter orders as follows: A. Levying fines for public nuisances, not to exceed two hundred fifty dollars ($250.00) per day for first-time violations; B. Establish penalties, including fines not to exceed five hundred dollars ($500.00) per per day for recurring public nuisances; and C. Order payment of reasonable costs, including reasonable attorney fees associated with investigations of and hearings on public nuisances; D. Provide for continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared to be a public nuisance; E. Recommend that the City Attorney bring a complaint under §60.05, Florida Statutes and seek a permanent injunction against any public nuisance. SECTION 8. ORDERS All orders of the Board finding a public nuisance shall be recorded in the public records so as to give notice to subsequent purchasers, successors in interest, or assigns of the real property that is the subject of the order. Said orders shall become liens against the real property that is the subject of the order. Upon recordation of said orders, the City shall have the right to institute foreclosure proceedings against the property that is subject to a lien for the recovery of all costs, including reasonable attorney's fees, associated with the recording of orders and foreclosure. No lien created pursuant to the provisions of this section may be foreclosed on real property Page 31 of 174 8491965.1 Page 10 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 which is a homestead under §4, Art. X of the State Constitution. The total fines imposed pursuant to the authority of this section shall not exceed fifteen thousand dollars ($15,000.00). SECTION 9. MULTIPLE COMMERCIAL TENANTS. Where the City of Miami Gardens seeks to bring an administrative action, based on a stolen property nuisance against a property owner operating an establishment where multiple tenants, on one (1) site, conduct their own commercial business and that the owner is not involved in the business operation, the property owner shall not be subject to a lien against his property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within ninety (90) days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. This provision is limited to commercial tenants only. SECTION 10: ENFORCEMENT The City Attorney is authorized to initiate contempt proceedings in the Circuit Court of the Eleventh Judicial Circuit for willful disobedience or failure to comply with any order of the board. A. Orders of the nuisance abatement board issued pursuant to this chapter shall be posted at the place, building, or a premise where the public nuisance exists, existed or is occurring, in violation of the law and shall be sent by certified mail to the owner of record of such place, building, or premises within two business days of the posting. B. The Police Department shall be authorized to act upon and enforce such orders in accordance with this ordinance, five (5) business days after the posting of an order issued pursuant to the nuisance abatement board, SECTION 11. APPEALS An aggrieved party, including the city, may appeal a final order of the nuisance abatement board to the appellate division of the Circuit Court of the Eleventh Judicial Circuit. Such an appeal shall not be a hearing de novo but shall be Page 32 of 174 8491965.1 Page 11 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the date of the written order to which the appeal is directed. SECTION 12. GENERAL PROVISIONS All powers and rights conferred by this section shall be in addition to and supplemental to those conferred by any other general or special laws governing public nuisances and shall be liberally construed to effectuate the purpose of this chapter. SECTION 13. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 14. 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 15. 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 Page 33 of 174 8491965.1 Page 12 398 399 400 401 codified. SECTION 16. EFFECTIVE DATE: This Ordinance shall become effective on October 1, 2009. However, nothing contained herein shall prevent the City from relying upon police reports issued prior to this date in order to substantiate a case. PASSED ON FIRST READING ON THE 10th DAY OF JUNE, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 . _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN OLIVER GILBERT III AND CITY MANAGER DANNY CREW MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Page 34 of 174 8491965.1 Page 13 Councilman Oliver Gilbert, III (Yes) (No) Councilman Andre’ Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Aaron Campbell (Yes) (No) Page 35 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2010 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: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny O. Crew, City Manager/Sonja K. Dickens, City Attorney Department: City Manager /City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESOLUTION LEVYING AN ADMINISTRATIVE FEE OF $500.00 FOR THE RELEASE OF LIEN IN CERTAIN INSTANCES; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A SETTLEMENT AMOUNT FOR THE ISSUANCE OF PARTIAL RELEASES OF LIEN IN CERTAIN INSTANCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The Code Enforcement Department is charged with the administration of the Special Master process for the enforcement of code violation cases. A part of the enforcement process is the imposition of liens if compliance is not gained through standard code enforcement methods. The City Manager has limited authority to negotiate or release liens placed on real property by the Code Enforcement Special Master. Currently, the Manager has the ability to reduce liens under the Code Enforcement Lien Amnesty Program, which is scheduled to sunset on June 30, 2009. However, on numerous occasions, the City has been presented with opportunities to release liens on properties that cannot take advantage of the Special Master Lien Reduction Process or the Lien Amnesty Program. Generally this situation occurs in two instances: 1) The City lien has been foreclosed by the Circuit Court; or 2) The City’s lien attached to a property that is not the subject of the code enforcement case (by state law a code lien attaches to all real and personal property of the violator). ITEM J-1) CONSENT AGENDA RESOLUTION Fee for Release of Lien Page 36 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In the first instance, the City may never collect on the lien, but, the law does not require the City to execute a release of lien because the lien was foreclosed. However, the parties involved request that the City issue a release of lien to keep the chain of title clear. In this instance, the City Manager and the City Attorney are recommending that the City charge an administrative fee of $500.00 for the release of lien. In the second instance, the City has been offered settlement amounts for the issuance of partial releases of lien. This would only apply to other property owned by the violator that is not the subject of the code enforcement case, and which does not currently have a code enforcement lien recorded. In this instance the City Manager and the City Attorney are asking for the authority to negotiate a settlement amount. Proposed Action: The City Manager and City Attorney recommend the approval of the attached resolution levying an administrative fee of $500.00 for the release of lien in certain instances as defined in the resolution and authorizing the City Manager and the City Attorney to negotiate a settlement amount amounts for the issuance of partial releases of lien in certain instances as defined in the resolution. Attachment: None Page 37 of 174 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESOLUTION LEVYING AN ADMINISTRATIVE FEE OF $500.00 FOR THE RELEASE OF LIEN IN CERTAIN INSTANCES; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A SETTLEMENT AMOUNT FOR THE ISSUANCE OF PARTIAL RELEASES OF LIEN IN CERTAIN INSTANCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, as a part of the Code Enforcement Department, liens are imposed against properties if compliance is not gained through standard code enforcement methods, and WHEREAS, currently, the City Manager only has the ability to reduce liens under the Code Enforcement Lien Amnesty Program, which is scheduled to sunset on June 30, 2009, and WHEREAS, on numerous occasions, the City has been presented with opportunities to release liens on properties that cannot take advantage of the Special Master Lien Reduction Process or the Lien Amnesty Program when the City lien has been foreclosed by the Circuit Court; or when the City’s lien attached to a property that is not the subject of the code enforcement case, and WHEREAS, in the first instance, City Manager and the City Attorney are recommending that the City charge an administrative fee of $500.00 for the release of lien, and in the second instance, the City Manager and the City Attorney are asking for the authority to negotiate a settlement amount, . 1 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: 8497167.1 Page 38 of 174 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 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 levy of on administrative fee of $500.00 for the release of liens in instances when the City lien has been foreclosed by the Circuit Court. The City Council further authorizes the City Manager and the City Attorney to negotiate a settlement amount for the issuance of partial releases of lien in instances where the City’s lien attached to a property that is not the subject of the code enforcement case. 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 JUNE 24, 2009. _________________________________ _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER AND SONJA DICKENS, CITY ATTORNEY MOVED BY:_____________________ 8497167.1 Page 39 of 174 8497167.1 36 37 38 VOTE: _____ 39 Mayor Shirley Gibson (Yes) ___(No) 40 Vice Mayor Barbara Watson (Yes) ___(No) 41 Councilman Melvin L. Bratton (Yes) ___(No) 42 Councilman Aaron Campbell (Yes) ___(No) 43 Councilman Oliver Gilbert, III (Yes) ___(No) 44 Councilwoman Sharon Pritchett (Yes) ___(No) 45 Councilman André Williams (Yes) ___(No) 46 47 48 SKD Page 40 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 ITB#0809035 Sponsor Name Dr. Danny Crew Department: Fleet Management Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FLEET TIRE TRUCK AND AUTO CENTER, INC., FOR PREVENTATIVE FLEET MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO PURCHASE ORDERS ON AN AS-NEEDED BASIS FOR THE SERVICES NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In an effort to mechanically maintain our vehicles, the City solicited bids to obtain the services of a qualified mechanic with a full service maintenance facility. The objective is to provide preventative maintenance and remedial repairs to the City’s vehicles. The City has extended warranties on all vehicles purchased new, and therefore only require preventative maintenance and remedial repairs not covered under our warranties. To this end, city staff prepared specifications and advertised on April 10, 2009. A broadcast notice was sent to 287 vendors. Fifteen vendors requested bid packages. Only one bid was received and publicly read on April 30, 2009. A copy of thebid document and submittal are available at the Assistant to the Mayor and Council’s office for review. The bid called for a one year term with an option to renew for an additional three years, on a year to year basis pending budget allocation. ITEM J-2) CONSENT AGENDA RESOLUTION Awarding a bid to Fleet Tire Truck & Auto Center, Inc. Page 41 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council award ITB#08‐09‐035 Fleet Preventative Maintenance Services to Fleet Tire Truck and Auto Center Inc. located in Hollywood, Florida, the only bidder, and to authorize the City Manager to issue a purchase order for these services in an amount not to exceed the allocated budget for the current fiscal year and for the next fiscal year which commences on October 1, 2009. It is estimated that the City will spend $136,000 annually. Attachment: Attachment A –Tabulation Sheet Page 42 of 174 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FLEET TIRE TRUCK AND AUTO CENTER, INC., FOR PREVENTATIVE FLEET MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS FOR THE SERVICES NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 10, 2009, the City Staff advertised Invitation To Bid No. 08-09-035 for preventative fleet maintenance services for the remainder of Fiscal Year 2009, and for Fiscal Year 2010, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, only one Bid was received and publicly read, and WHEREAS, City staff has checked the references of the only respondent, Fleet Tire Truck And Auto Center, Inc. and has confirmed that they are able to provide the requisite services and that the price is a reasonable price for the services, 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 awards Invitation To Bid No. 08-09-035 for preventative fleet maintenance services to Fleet Tire Truck And Auto Center, Inc. The City Council further authorizes the City Manager to issue Purchase Orders on an as-needed basis for these services in Page 43 of 174 an amount not to exceed the allocated budgeted amount for the remainder of the 2009 Fiscal Year and for the Fiscal Year commencing October 1, 2009. 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 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 ZONING MEETING HELD ON ________________________. _________________________________ 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: _____ 45 Mayor Shirley Gibson (Yes) ___(No) 46 Vice Mayor Barbara Watson (Yes) ___(No) 47 Councilman Melvin L. Bratton (Yes) ___(No) 48 Councilman Aaron Campbell (Yes) ___(No) 49 Councilman Oliver Gilbert, III (Yes) ___(No) 50 Councilwoman Sharon Pritchett (Yes) ___(No) 51 Councilman André Williams (Yes) ___(No) 52 53 54 SKD/bfc 8510724.1 Page 44 of 174 City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#08-09-035 Fleet Vehicle Preventative Maintenance Services** April 30, 2009 @2:00 p.m. Fleet Tire Truck and Auto ‐Chevrolet Level 1‐A Preventative Maintenance $20.19 Flat Rate Level 1‐B Preventative Maintenance $20.19 Flat Rate Level 2 Diagnostic Service $55.95 Flat Fee Level 3 Specialty Service and Repair Work $75.00 Per Hour 2007‐ 2009 Suburban Brand Price Labor Hours Front Pads Delco 104.58 1.00 Front Rotors Delco 98.33 Rear Pads Delco 112.73 1.00 Rear Rotors Delco 103.78 Turning where required No Charge Battery Delco 103.63 Lower Radiator Hose Delco 19.44 .50 Upper Radiator Hose Delco 22.50 .50 Serpentine Belt Delco 35.32 Spark Plugs Delco 7.67 1.80 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 45 of 174 2008 Malibu Brand Price Labor Hours Front Pads Delco 85.38 1.00 Front Rotors Delco 124.94 Rear Pads Delco 93.43 1.00 Rear Rotors Delco 86.58 Turning where required No Charge Battery Delco 111.86 Lower Radiator Hose Delco 6.25 .50 Upper Radiator Hose Delco 15.31 .50 Serpentine Belt Delco 17.92 Spark Plugs Delco 7.71 .70 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2008 Impala Brand Price Labor Hours Front Pads Delco 109.43 1.00 Front Rotors Delco 65.93 Rear Pads Delco 89.19 1.00 Rear Rotors Delco 105.25 Turning where required No Charge Battery Delco 85.20 Lower Radiator Hose Delco 21.45 .50 Upper Radiator Hose Delco 12.15 .50 Serpentine Belt Delco 30.18 Spark Plugs Delco 7.81 1.00 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 1998 Chevy S‐10 Brand Price Labor Hours Front Pads Delco 85.39 1.00 Front Rotors Delco 65.93 Rear Pads Delco 30.20 1.00 Rear Rotors Delco 36.54 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 46 of 174 Turning where required No Charge Battery Delco 86.69 Lower Radiator Hose Delco 17.77 .50 Upper Radiator Hose Delco 22.08 .50 Serpentine Belt Delco 36.56 Spark Plugs Delco 7.78 1.40 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 1995 Cavalier Brand Price Labor Hours Front Pads Delco 85.29 1.00 Front Rotors Delco 108.39 Rear Pads Delco 23.28 1.00 Rear Rotors Delco 22.22 Turning where required No Charge Battery Delco 86.69 Lower Radiator Hose Delco 39.14 .50 Upper Radiator Hose Delco 14.18 .50 Serpentine Belt Delco 27.87 Spark Plugs Delco 7.78 1.00 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 47 of 174 Fleet Tire Truck and Auto ‐Dodge/Chrysler Level 1‐A Preventative Maintenance $20.19 Flat Rate Level 1‐B Preventative Maintenance $20.19 Flat Rate Level 2 Diagnostic Service $55.95 Flat Fee Level 3 Specialty Service and Repair Work $75.00 Per Hour 1994 Dodge Van B150 Brand Price Labor Hours Front Pads Mopar 48.42 1.00 Front Rotors Mopar 67.23 Rear Pads Mopar 23.69 1.00 Rear Rotors Mopar 58.07 Turning where required No Charge Battery Mopar 90.10 Lower Radiator Hose Mopar 15.17 .50 Upper Radiator Hose Mopar 15.56 .50 Serpentine Belt Mopar 42.16 Spark Plugs Champion 2.32 1.00 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2008 Dodge Magnum V‐8 Brand Price Labor Hours Front Pads Mopar 62.73 1.00 Front Rotors Mopar 73.72 Rear Pads Mopar 39.00 1.00 Rear Rotors Mopar 73.96 Turning where required No Charge Battery Mopar 162.71 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 48 of 174 Lower Radiator Hose Mopar 18.32 .50 Upper Radiator Hose Mopar 23.23 .50 Serpentine Belt Mopar 40.46 Spark Plugs Champion 7.60 2.50 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 1996 Dodge Pick‐up Brand Price Labor Hours Front Pads Mopar 48.42 1.00 Front Rotors Mopar 108.76 Rear Pads Mopar 25.38 1.00 Rear Rotors Mopar 56.24 Turning where required No Charge Battery Mopar 92.36 Lower Radiator Hose Mopar 17.77 .50 Upper Radiator Hose Mopar 17.46 .50 Serpentine Belt Mopar 36.816 Spark Plugs Champion 7.60 .80 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 49 of 174 Fleet Tire Truck and Auto ‐Ford Level 1‐A Preventative Maintenance $20.19 Flat Rate Level 1‐B Preventative Maintenance $20.19 Flat Rate Level 2 Diagnostic Service $55.95 Flat Fee Level 3 Specialty Service and Repair Work $75.00 Per Hour 2005 Ford Ranger Brand Price Labor Hours Front Pads Motorcraft 64.18 1.00 Front Rotors Motorcraft 93.56 Rear Pads Motorcraft 46.95 1.00 Rear Rotors Motorcraft 36.62 Turning where required No Charge Battery Motorcraft 100.33 Lower Radiator Hose Motorcraft 17.61 .50 Upper Radiator Hose Motorcraft 17.40 .50 Serpentine Belt Motorcraft 40.78 Spark Plugs Motorcraft 4.36 .70 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2006 Ford Focus Brand Price Labor Hours Front Pads Motorcraft 57.64 1.00 Front Rotors Motorcraft 80.63 Rear Pads Motorcraft 38.05 1.00 Rear Rotors Motorcraft 36.62 Turning where required No Charge Battery Motorcraft 112.24 Lower Radiator Hose Motorcraft 9.37 .50 Upper Radiator Hose Motorcraft 13.39 .50 Serpentine Belt Motorcraft 28.26 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 50 of 174 Spark Plugs Motorcraft 8.90 .60 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2008 Ford Crown Victoria Brand Price Labor Hours Front Pads Motorcraft 66.34 1.00 Front Rotors Motorcraft 85.93 Rear Pads Motorcraft 66.34 1.00 Rear Rotors Motorcraft 71.13 Turning where required No Charge Battery Motorcraft 145.93 Lower Radiator Hose Motorcraft 52.21 .50 Upper Radiator Hose Motorcraft 17.41 .50 Serpentine Belt Motorcraft 18.48 Spark Plugs Motorcraft 4.25 1.80 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford E150 Brand Price Labor Hours Front Pads Motorcraft 57.64 1.00 Front Rotors Motorcraft 93.63 Rear Pads Motorcraft 54.37 1.00 Rear Rotors Motorcraft 62.52 Turning where required No Charge Battery Motorcraft 129.09 Lower Radiator Hose Motorcraft Motorcraft 71.45 .50 Upper Radiator Hose Motorcraft 14.94 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 2.78 3.50 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 51 of 174 Coolant Flush 52.00 2007 Ford E250 Brand Price Labor Hours Front Pads Motorcraft 56.55 1.00 Front Rotors Motorcraft 177.88 Rear Pads Motorcraft 58.73 1.00 Rear Rotors Motorcraft 75.60 Turning where required No Charge Battery Motorcraft 129.09 Lower Radiator Hose Motorcraft 71.45 .50 Upper Radiator Hose Motorcraft 14.94 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 2.78 3.50 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford E350 Brand Price Labor Hours Front Pads Motorcraft 76.42 1.00 Front Rotors Motorcraft 177.88 Rear Pads Motorcraft 84.30 1.00 Rear Rotors Motorcraft 75.60 Turning where required No Charge Battery Motorcraft 129.09 Lower Radiator Hose Motorcraft 71.45 .50 Upper Radiator Hose Motorcraft 15.63 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 5.54 3.50 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford F150 Brand Price Labor Hours Front Pads Motorcraft 52.20 1.00 Front Rotors Motorcraft 177.88 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 52 of 174 Rear Pads Motorcraft 51.11 1.00 Rear Rotors Motorcraft 92.53 Turning where required No Charge Battery Motorcraft 89.79 Lower Radiator Hose Motorcraft 41.33 .50 Upper Radiator Hose Motorcraft 21.75 .50 Serpentine Belt Motorcraft 23.92 Spark Plugs Motorcraft 4.08 .70 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford F250 Brand Price Labor Hours Front Pads Motorcraft 62.73 1.00 Front Rotors Motorcraft 149.03 Rear Pads Motorcraft 54.54 1.00 Rear Rotors Motorcraft 81.91 Turning where required No Charge Battery Motorcraft 89.79 Lower Radiator Hose Motorcraft 16.26 .50 Upper Radiator Hose Motorcraft 19.58 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 8.90 2.70 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford FE350 Brand Price Labor Hours Front Pads Motorcraft 82.66 1.00 Front Rotors Motorcraft 177.88 Rear Pads Motorcraft 58.73 1.00 Rear Rotors Motorcraft 81.91 Turning where required No Charge Battery Motorcraft 89.79 Lower Radiator Hose Motorcraft 16.26 .50 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 53 of 174 Upper Radiator Hose Motorcraft 17.40 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 3.12 2.70 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 2007 Ford F450 Brand Price Labor Hours Front Pads Motorcraft 82.50 1.00 Front Rotors Motorcraft 119.53 Rear Pads Motorcraft 82.50 1.00 Rear Rotors Motorcraft 109.67 Turning where required No Charge Battery Motorcraft 89.79 Lower Radiator Hose Motorcraft 106.61 .50 Upper Radiator Hose Motorcraft 20.66 .50 Serpentine Belt Motorcraft 19.57 Spark Plugs Motorcraft 8.90 3.00 Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Coolant Flush 52.00 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 54 of 174 Fleet Tire Truck and Auto ‐Cubic Yard Dump Trucks and Heavy Equipment Level 1‐A Preventative Maintenance $52.95 Flat Rate Level 1‐B Preventative Maintenance $52.95 Flat Rate Level 2 Diagnostic Service $55.95 Flat Fee Level 3 Specialty Service and Repair Work $75.00 Per Hour 2006 Ford F750 Brand Price Labor Hours Front Shoes Motorcraft 196.72 1.50 Front Drums Motorcraft 219.53 Rear Shoes Motorcraft 110.16 3.00 Rear Drums Motorcraft 200.81 Turning where required No Charge Battery Motorcraft 148.48 Lower Radiator Hose Motorcraft 17.33 .60 Upper Radiator Hose Motorcraft 55.60 .60 Serpentine Belt Motorcraft 40.47 Spark Plugs N/A N/A N/A Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price 2007 Sterling LT9500 Brand Price Labor Hours Front Shoes Sterling 92.16 1.50 Front Drums Sterling 109.44 Rear Shoes Sterling 90.88 3.00 Rear Drums Sterling 108.80 Turning where required No Charge Battery Sterling 148.48 Lower Radiator Hose Sterling 41.84 .60 Upper Radiator Hose Sterling 81.91 .60 Serpentine Belt Sterling 50.80 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Page 55 of 174 Only one bid proposal, from Fleet Tire Truck and Auto, was received and opened on April 30, 2009. Spark Plugs N/A N/A N/A Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price 2006 International 4300 Brand Price Labor Hours Front Shoes International 132.06 1.50 Front Drums International 142.57 Rear Shoes International 125.72 3.00 Rear Drums International 54.52 Turning where required No Charge Battery International 148.48 Lower Radiator Hose International 27.80 .60 Upper Radiator Hose International 27.80 .60 Serpentine Belt International 34.21 Spark Plugs N/A N/A N/A Headlight/Tailight Bulb Replacement 10.00 each Entire Wiper Arm Replacement 9.50 each Transmission, Fuel & Air filters NAPA PRO SELECT 15% off NAPA List Price Page 56 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Disaster Recovery s & CDB tlement Fund ti G En Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0809034 Livable Neighborhood Improvement Project Kings Garden I&II X Sponsor Name Dr. Danny Crew, City Manager Department: Community Development & Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SOLO CONSTRUCTION CORPORATION IN AN AMOUNT NOT TO EXCEED $683,203.00, INCLUDING A FIFTEEN PERCENT (15%) CONTINGENCY, FOR INFRASTRUCTURE IMPROVEMENTS IN THE KINGS GARDENS I AND II NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUB-RECIPIENT AGREEMENT WITH THE VENDOR FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Summary: Background As reflected in the Community Development Department’s 5-year Consolidated Plan, the city residents identified infrastructure improvements as a priority project to be undertaken using Community Development Block Grant Funds (CDBG). This project (identified as the Livable Neighborhoods Initiative) encompasses 3 neighborhoods: • Vista Verde/Miramar Gardens ITEM J-3) CONSENT AGENDA RESOLUTION Awarding a bid to Solo Construction Corp. Page 57 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Kings Gardens (I, II, & III) • Garden Circle These neighborhoods were identified by the City’s Public Works Department as having the worst infrastructure in the City. In June of 2007, the Department of Community Development launched this initiative by conducting a public meeting with residents from each of these neighborhoods. The overall project scope was communicated to all residents in attendance at that time. In addition, City Staff advised residents that the roads in these neighborhoods were not publicly owned, but they were in fact “common areas” owned by the residents within each subdivision. In order for the City to invest public dollars into this project, ownership of the roads would need to be transferred to the City. This condition was also communicated to the residents. In the course of these discussions , it was discovered that the roads in Kings Gardens I & II (N.W. 191-195 Streets between N.W. 47-44 Court) were instead owned by Miami Dade County GSA. City Staff contacted the County to begin the process of transferring the roads to the City. That process was completed thru Council’s approval of said resolution on March 12, 2008. During this time, Council had directed the City Manager to proceed with completing the Basis of Design Report (BODR), which would be the document that would provide the necessary design standards once we were ready to proceed with developing construction documents. The project budget for all 3 of the neighborhoods was estimated to be $15M. Through its Annual Action Plan, Council committed $500,000 of the City’s Community Development Block Grant Funds for each of the first 3 years of fuding allocation. The initial costs incurred by the City are considered to be predevelopment, and included the BODR (completed by Craven Thompson, & Associates), as well as resident outreach (completed by Dickey Consulting Services). Additionally, Staff sought other grant funding opportunities to bridge the funding gap needed for actual construction. One of the grant opportunities identified was in the form of Disaster Recovery Funds. Community Development Block Grant (CDBG) Disaster Recovery funding was made available to the state of Florida by the U.S. Department of Housing and Urban Development, pursuant to the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act (Federal Register -Docket No. F.R.-5051-N-01, Volume 71, Number 29). Florida received $82,904,000 for affected communities. Congress appropriated a second round of funding to Gulf Coast states affected by Hurricanes Karina, Rita, & Wilma and the State of Florida received approximately $100M. As with the initial appropriation, the supplemental (Round 2) funds were to be administered thru the state’s Department of Community Affairs (DCA). The DCA would in turn enter into agreements with the 16 counties affected by the 2005 hurricane season. Each of these counties would then enter into subrecipient agreements with the municipalities that reside within them. The amount of funds allocated to each municipality was determined thru a competitive application process based on the eligibility of the projects submitted. Page 58 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City of Miami Gardens applied for funding in this second round and was awarded $1,381,250. The City’s application included housing rehabilitation and hardening, replacement housing, and infrastructure improvements. Current Situation Once the transfer of the roads in Kings Gardens I & II were completed, Council authorized the engagement of Craven Thompson, & Associates (CTA) to develop the construction documents that would be used to obtain bids for the proposed infrastructure improvements. The construction specifications were based on the BODR completed months earlier which sought to provide permanent improvement of drainage and roadway conditions in this neighborhood. CTA’s estimate of repairs was $1M The plans and specs prepared by CTA were advertised as ITB #08-09-034 on April 17, 2009. A broadcast notice was sent to 1100 vendors, but only thirty-three (33) bid packages were requested. A pre-bid meeting was held on April 28, 2009, and fourteen (14) companies attended. . The bids were opened on May 21, 2009. Seventeen (17) bids were received and publicity read at that time. Pam Thompson, Procurement Manager and Damian Cartwright, Craven Thompson & Associates evaluated the bids for compliance with the specifications and their ability to perform the work. The three lowest, responsible bids were: • Solo Construction Corporation, Miramar, Florida $594,090.00 • Morlic Engineering, Inc. Miami, Florida $595,000.00 • Budget Construction Company, Miami, Florida $618,374.60 Reference checks were sent to the two apparent low bidders, Solo Construction Corp. and Morlic Engineering. All references received were favorable. William Alonso, Finance Director, reviewed the Audited Financial Statements of both companies and found both companies financially stable.The low bidder, Solo Construction Corp., has worked with Craven Thompson & Associates in the past with favorable results. A copy of the proposal document and submittals are available for review at the office of the assistant to the mayor and council.The attached resolution seeks City Council approval to award the bid to Solo Construction Corp. for infrastructure improvements in the Kings Gardens I & II neighborhood and authorize the City Manager to enter into a subrecipient agreement with this vendor for an amount not to exceed $683,203.50. This amount reflects a 15% contingency which Staff anticipates will be needed to cover the costs of off-duty police services given the nature of the work and the value of the equipment that will be out in the field. Proposed Action: Staff recommends City Council approval of the attached resolution awarding the bid to Solo Construction, Corp., in an amount not to exceed $683,203, and authorize the City Manager to enter into a sub-recipient agreement with this vendor. Attachment: Page 59 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The bid tabulation sheet -Exhibit “A” Sub-recipient Agreement-Exhibit “B” Page 60 of 174 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SOLO CONSTRUCTION CORPORATION IN AN AMOUNT NOT TO EXCEED $683,203.00, INCLUDING A FIFTEEN PERCENT (15%) CONTINGENCY, FOR INFRASTRUCTURE IMPROVEMENTS IN THE KINGS GARDENS I AND II NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUB-RECIPIENT AGREEMENT WITH THE VENDOR FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, since 2007, the City has been involved with ongoing construction projects in the Kings Gardens I and II Neighborhood for roadway and infrastructure improvement, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, on April 17, 2009, City Staff advertised Invitation To Bid No. 08-09-034 for construction services associated with the infrastructure improvements for the Kings Gardens I and II projects, and WHEREAS, seventeen (17) bids were received and publicly read, and WHEREAS, Solo Construction Corporation was the lowest responsible bidder, and WHEREAS, City Staff has checked the references of Solo Construction Corporation and is recommending that the City Council award a bid to Solo Construction Corporation in an amount not to exceed $683,203.00, which includes a fifteen (15%) percent contingency, and authorize the City Manager to enter into a Sub-Recipient Agreement with this vendor for this purpose, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 61 of 174 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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby awards Invitation To Bid No. 08-09-034 to Solo Construction Corporation in an amount not to exceed $683,203.00, including a 15% contingency, for infrastructure improvements in the Kings Gardens I and II Neighborhood. The City Council further authorizes the City Manager to enter into a Sub-Recipient Agreement with the Vendor for this purpose. 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 ZONING MEETING HELD ON ________________________. _________________________________ 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:_____________________ Page 62 of 174 50 VOTE: _____ 51 52 Mayor Shirley Gibson (Yes) ___(No) 53 Vice Mayor Barbara Watson (Yes) ___(No) 54 Councilman Melvin L. Bratton (Yes) ___(No) 55 Councilman Aaron Campbell (Yes) ___(No) 56 Councilman Oliver Gilbert, III (Yes) ___(No) 57 Councilwoman Sharon Pritchett (Yes) ___(No) 58 Councilman André Williams (Yes) ___(No) 59 60 61 SKD/bfc 8510761.1 Page 63 of 174 ffl $ $ $ 0 $ 1 00 $ $ $ $ $ $ $ $ g ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item Solo Construction Corp Morlic Engineer Budget Construction Solution Construct. Straightline Eng Williams Pave Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Gen Req $ 50,000.00 $ 50,000.00 $ 2 5,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 32,232.16 $ 32,232.16 $ 25,000.00 $ 25,000.00 $ 20,500.00 $ 20,500.00 MOT $ 20,000.00 $ 20,000.00 $ 1 8,000.00 $ 18,000.00 $ 33,000.00 $ 33,000.00 $ 72,480.00 $ 72,480.00 $ 10,000.00 $ 10,000.00 $ 8,085.00 $ 8,085.00 Sub‐Gen Req $ 70,000.00 $ 43,000.00 $ 58,000.00 $ 104,712.16 $ 35,000.00 $ 28,585.00 Drainage Remove pipe $ 20.00 $ 1,000.00 $ 10.00 $ 5 00.00 $ 15.00 $ 7 50.00 $ 8.56 $ 428.00 $ 10.00 $ 500.00 $ 7.00 $ 350.00 Remove strut. $ 5 00.00 $ 3,000.00 $ 250.00 $ 1,500.00 $ 3 00.00 $ 1,800.00 $ 1 60.50 $ 963.00 $ 1 00.00 $ 600.00 $ 3 65.00 $ 2,190.00 Pipe 18" RCP $ 40.00 $ 7,600.00 $ 28.00 $ 5,320.00 $ 34.00 $ 6,460.00 $ 38.94 $ 7,398.70 $ 60.00 $ 11,400.00 $ 55.00 $ 10,450.00 Pipe 18" RCP exf $ 1 00.00 $ 88,200.00 $ 85.00 $ 74,970.00 $ 94.00 $ 82,908.00 $ 90.38 $ 79,717.43 $ 85.00 $ 74,970.00 $ 1 25.00 $ 110,250.00 5' basin $ 2,500.00 $ 25,000.00 $ 3,200.00 $ 32,000.00 $ 2,100.00 $ 21,000.00 $ 2,275.02 $ 22,750.19 $ 1,500.00 $ 15,000.00 $ 3,035.00 $ 30,350.00 6' basin $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 3,000.00 $ 3,000.00 $ 3,745.20 $ 3,745.20 $ 1,500.00 $ 1,500.00 $ 4,320.00 $ 4,320.00 4' manhole $ 2,200.00 $ 4,400.00 $ 2,000.00 $ 4,000.00 $ 1,900.00 $ 3,800.00 $ 1,695.31 $ 3,390.62 $ 2,000.00 $ 2,000.00 $ 2,020.00 $ 4,040.00 5' manhole $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 2,100.00 $ 2,100.00 $ 2,227.07 $ 2,227.07 $ 2,000.00 $ 4,000.00 $ 2,450.00 $ 2,450.00 Baffle 4 00.00 4,000.00 180.00 1,800.00 400.00 4,000.00 139.10 1,391.00 150.00 1,500.00 3 00.00 3,000.00 Storm strut $ 5 00.00 $ 3,000.00 $ 1,000.00 $ 6,000.00 $ 8 00.00 $ 4,800.00 $ 1,070.00 $ 6,420.00 $ 1,000.00 $ 6,000.00 $ 1,000.00 $ 6,000.00 Clean strut $ 2 50.00 $ 9,500.00 $ 150.00 $ 5,700.00 $ 2 20.00 $ 8,360.00 $ 1 60.50 $ 6,099.00 $ 75.00 $ 2,850.00 $ 75.00 $ 2,850.00 Clean pipe $ 2.00 $ 7,200.00 $ 2.00 $ 7,200.00 $ 3.00 $ 10,800.00 $ 3.21 $ 11,556.00 $ 2.00 $ 7,200.00 $ 3.50 $ 12,600.00 Sub ‐Drainage $ 1 60,400.00 $ 149,490.00 $ 149,778.00 $ 146,086.21 $ 127,520.00 $ 1 88,850.00 Paving 2' Valley gutter $ 15.00 $ 12,000.00 $ 16.00 $ 12,800.00 $ 14.00 $ 11,200.00 $ 16.05 $ 12,840.00 $ 30.00 $ 24,000.00 $ 31.50 $ 25,200.00 S‐I asphalt $ 6.00 $ 67,200.00 $ 6.50 $ 72,800.00 $ 5.75 $ 64,400.00 $ 8.56 $ 95,872.00 $ 11.00 $ 123,200.00 $ 5.75 $ 64,400.00 S‐III asphalt $ 2.00 $ 22,400.00 $ 5.50 $ 61,600.00 $ 4.00 $ 44,800.00 $ 4.28 $ 47,936.00 $ 9.00 $ 100,800.00 $ 5.00 $ 56,000.00 8" limerock $ 12.00 $ 134,400.00 $ 10.00 $ 112,000.00 $ 11.00 $ 123,200.00 $ 7.53 $ 84,307.44 $ 8.00 $ 89,600.00 $ 14.00 $ 156,800.00 12"subgrade $ 1.00 $ 11,200.00 $ 1.00 $ 11,200.00 $ 4.00 $ 44,800.00 $ 5.75 $ 64,401.55 $ 4.00 $ 44,800.00 $ 3.00 $ 33,600.00 sidewalk $ 40.00 $ 9,200.00 $ 30.00 $ 6,900.00 $ 30.00 $ 6,900.00 $ 33.71 $ 7,752.15 $ 36.00 $ 8,280.00 $ 65.00 $ 14,950.00 dispose 1" pave $ 1.00 $ 11,150.00 $ 3.00 $ 33,450.00 $ 1.25 $ 13,937.50 $ 1.03 $ 11,488.63 $ 1.00 $ 11,150.00 $ 1.55 $ 17,282.50 dispose 2" pave $ 3.00 $ 150.00 $ 3.50 $ 1 75.00 $ 5.00 $ 2 50.00 $ 2.06 $ 103.40 $ 20.00 $ 1,000.00 $ 1.65 $ 82.50 dispose limerock $ 1.00 $ 11,200.00 $ 0.60 $ 6,720.00 $ 1.25 $ 14,000.00 $ 0.89 $ 9,968.44 $ 0.50 $ 5,600.00 $ 2.30 $ 25,760.00 dispose subgrade $ 1.00 $ 11,200.00 $ 0.60 $ 6,720.00 $ 2.30 $ 25,760.00 $ 2.29 $ 25,676.83 $ 4.00 $ 44,800.00 $ 0.75 $ 8,400.00 dispose gutter $ 1.00 $ 300.00 $ 2.00 $ 6 00.00 $ 6.00 $ 1,800.00 $ 4.08 $ 1,225.15 $ 2.00 $ 600.00 $ 3.60 $ 1,080.00 sidewalk/driveway $ 46.00 $ 5,520.00 $ 40.00 $ 4,800.00 $ 36.00 $ 4,320.00 $ 6.07 $ 728.11 $ 50.00 $ 6,000.00 $ 1 00.00 $ 12,000.00 Sub‐Paving $ 2 95,920.00 $ 329,765.00 $ 355,367.50 $ 362,299.70 $ 459,830.00 $ 4 15,555.00 Page 64 of 174 Fire $ $ $ 0 $ $ $ $ $ $ $ $ $ ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item Solo Construction Corp Morlic Engineer Budget Construction Solution Construct. Straightline Eng. Williams Pave cont. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Sign & Marking 12" white solid $ 3.00 $ 2,178.00 $ 3.00 $ 2,178.00 $ 2.85 $ 2,069.10 $ 2.94 $ 2,136.26 $ 3.00 $ 2,178.00 $ 1.60 $ 1,161.60 24" white solid $ 3.50 $ 617.00 $ 6.00 $ 1,056.00 $ 4.00 $ 7 04.00 $ 5.08 $ 894.52 $ 4.00 $ 704.00 $ 3.40 $ 598.40 6" double yellow $ 2.00 $ 800.00 $ 1.50 $ 6 00.00 $ 2.00 $ 8 00.00 $ 1.50 $ 599.20 $ 2.50 $ 1,000.00 $ 1.65 $ 660.00 install signs $ 2 50.00 $ 7,500.00 $ 400.00 $ 12,000.00 $ 2 25.00 $ 6,750.00 $ 3 04.95 $ 9,148.50 $ 3 50.00 $ 10,500.00 $ 3 30.00 $ 9,900.00 Sub‐Sign & Mark $ 11,095.00 $ 15,834.00 $ 10,323.10 $ 1 2,778.48 $ 14,382.00 $ 12,320.00 Landscape Gumbo Limbo $ 3 00.00 $ 6,600.00 $ 300.00 $ 6,600.00 $ $ 2 70.00 $ 5,940.00 $ 2 67.50 $ 5,885.00 $ 2 50.00 $ 5,500.00 $ 3 00.00 $ 6,600.00 Live Oak $ 3 00.00 $ 9,900.00 $ 310.00 $ 10,230.00 $ 2 80.00 $ 9,240.00 $ 2 67.50 $ 8,827.50 $ 2 50.00 $ 8,250.00 $ 3 00.00 $ 9,900.00 Silver Buttonwood $ 2 50.00 $ 1,000.00 $ 180.00 $ 7 20.00 $ 1 90.00 $ 7 60.00 $ 1 92.60 $ 770.40 $ 2 50.00 $ 1,000.00 $ 2 10.00 $ 840.00 Sabal Palm $ 2 50.00 $ 8,750.00 $ 200.00 $ 7,000.00 $ 1 85.00 $ 6,475.00 $ 1 60.50 $ 5,617.50 $ 2 50.00 $ 8,750.00 $ 2 00.00 $ 7,000.00 Crown Thorns $ 7.00 $ 2,135.00 $ 10.00 $ 3,050.00 $ 6.00 $ 1,830.00 $ 3.75 $ 1,142.23 $ 10.00 $ 3,050.00 $ 6.00 $ 1,830.00 Bush 10.00 420.00 8.00 336.00 9.00 378.00 7.49 314.58 10.00 420.00 9.30 390.60 Fakahatchee Grass $ 10.00 $ 5,870.00 $ 7.60 $ 4,461.20 $ 9.00 $ 5,283.00 $ 7.49 $ 4,396.63 $ 5.00 $ 2,935.00 $ 9.30 $ 5,459.10 Bahia Sod $ 0.30 $ 12,000.00 $ 0.30 $ 12,000.00 $ 0.25 $ 10,000.00 $ 0.27 $ 10,700.00 $ 0.50 $ 20,000.00 $ 0.25 $ 10,000.00 Remove existing $ 10,000.00 $ 10,000.00 $ 1 2,513.80 $ 12,513.80 $ 5,000.00 $ $ 5,000.00 $ 4,387.00 $ 4,387.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 Sub‐Landscape $ 56,675.00 $ 56,911.00 $ 44,906.00 $ 4 2,040.84 $ 54,905.00 $ 44,519.70 Grand Totals $ 594,090.00 $ 595,000.00 $ 618,374.60 $ 667,917.39 $ 691,637.00 $ 689,829.70 Solution Construction, Inc. didn't submit OCED forms yellow highlight Straightline Engineering Group, LLC didn't submit OCED forms yellow highlight GC Works Inc. didn't submit OCED forms yellow highlight H&J Asphalt didn't submit proof of insurance; financial information; references; drug free workplace form; resumes; anti trust form; OCED documents ‐bid was non‐responsive gray highlight Page 65 of 174 ffl $ $ $ 5 $ 4 0 0 $ $ $ $ $ $ $ $ g ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item Fla. Eng. Dev. Caribe Utilities Acosta Tractor GC Works Tenex Ent. Tran Const. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Gen Req $ 13,000.00 $ 13,000.00 $ 2 5,000.00 $ 25,000.00 $ 29,401.18 $ 29,401.18 $ 16,440.40 $ 16,440.40 $ 50,000.00 $ 50,000.00 $ 14,000.00 $ 14,000.00 MOT $ 6,500.00 $ 6,500.00 $ 4,250.00 $ 4,250.00 $ 4,722.36 $ 4,722.36 $ 13,800.00 $ 13,800.00 $ 40,000.00 $ 40,000.00 $ 11,000.00 $ 11,000.00 Sub‐Gen Req $ 19,500.00 $ 29,250.00 $ 34,123.54 $ 30,240.40 $ 90,000.00 $ 25,000.00 Drainage Remove pipe $ 9.00 $ 450.00 $ 7.05 $ 3 52.50 $ 35.55 $ 1,777.50 $ 2 87.50 $ 14,375.00 $ 10.00 $ 500.00 $ 5.00 $ 250.00 Remove strut. $ 2 25.00 $ 1,350.00 $ 415.00 $ 2,490.00 $ 2 94.12 $ 1,764.72 $ 1,150.00 $ 6,900.00 $ 2 00.00 $ 1,200.00 $ 2 19.00 $ 1,314.00 Pipe 18" RCP $ 38.00 $ 7,220.00 $ 42.15 $ 8,008.50 $ 60.44 $ 1,150.00 $ 34.50 $ 6,555.00 $ 50.00 $ 9,500.00 $ 32.00 $ 608.00 Pipe 18" RCP exf $ 1 04.60 $ 92,257.20 $ 139.00 $ 122,598.00 $ 1 37.89 $ 34.50 $ 1 43.75 $ 126,787.50 $ 1 00.00 $ 88,200.00 $ 1 55.00 $ 136,710.00 5' basin $ 2,500.00 $ 25,000.00 $ 3,010.00 $ 30,100.00 $ 3,582.58 $ 35,825.80 $ 1,955.00 $ 19,550.00 $ 4,500.00 $ 45,000.00 $ 1,700.00 $ 17,000.00 6' basin $ 3,200.00 $ 3,200.00 $ 3,675.00 $ 3,675.00 $ 6,144.11 $ 6,144.11 $ 2,645.00 $ 2,645.00 $ 9,500.00 $ 9,500.00 $ 2,000.00 $ 2,000.00 4' manhole $ 2,000.00 $ 4,000.00 $ 2,570.00 $ 5,140.00 $ 2,698.48 $ 5,396.96 $ 1,725.00 $ 3,450.00 $ 5,000.00 $ 10,000.00 $ 2,400.00 $ 4,800.00 5' manhole $ 2,500.00 $ 2,500.00 $ 2,720.00 $ 2,720.00 $ 4,312.56 $ 4,312.56 $ 2,012.50 $ 2,012.50 $ 5,500.00 $ 5,500.00 $ 2,600.00 $ 2,600.00 Baffle 2 50.00 2,500.00 405.00 4,050.00 405.51 4,055.10 287.50 1,725.00 200.00 2,200.00 3 00.00 3,000.00 Storm strut $ 1,400.00 $ 8,400.00 $ 615.00 $ 3,690.00 $ 1,021.00 $ 6,126.00 $ 6 90.00 $ 4,140.00 $ 5 00.00 $ 3,000.00 $ 3 00.00 $ 1,800.00 Clean strut $ 92.00 $ 3,496.00 $ 175.00 $ 6,650.00 $ 1 97.36 $ 7,499.68 $ 1 72.50 $ 6,555.00 $ 9 00.00 $ 34,200.00 $ 2 00.00 $ 7,600.00 Clean pipe $ 2.90 $ 10,440.00 $ 9.50 $ 34,200.00 $ 8.24 $ 29,664.00 $ 0.86 $ 3,105.00 $ 10.00 $ 36,000.00 $ 2.00 $ 7,200.00 Sub ‐Drainage $ 1 60,813.20 $ 223,674.00 $ 103,750.93 $ 197,800.00 $ 244,800.00 $ 1 84,882.00 Paving 2' Valley gutter $ 11.20 $ 8,960.00 $ 14.70 $ 11,760.00 $ 19.08 $ 15,264.00 $ 20.70 $ 16,560.00 $ 18.00 $ 14,400.00 $ 20.00 $ 16,000.00 S‐I asphalt $ 6.50 $ 72,800.00 $ 11.00 $ 123,200.00 $ 7.18 $ 80,416.00 $ 12.65 $ 141,680.00 $ 6.80 $ 76,160.00 $ 7.50 $ 84,000.00 S‐III asphalt $ 5.55 $ 62,160.00 $ 8.57 $ 95,984.00 $ 5.18 $ 58,016.00 $ 10.35 $ 115,920.00 $ 4.40 $ 49,280.00 $ 7.00 $ 78,400.00 8" limerock $ 10.80 $ 120,960.00 $ 10.75 $ 120,400.00 $ 9.37 $ 104,944.00 $ 13.80 $ 154,560.00 $ 12.00 $ 134,400.00 $ 8.50 $ 95,200.00 12"subgrade $ 6.80 $ 76,160.00 $ 3.10 $ 34,720.00 $ 7.02 $ 78,624.00 $ 3.80 $ 42,504.00 $ 5.00 $ 56,000.00 $ 11.00 $ 123,200.00 sidewalk $ 52.40 $ 12,052.00 $ 3.95 $ 9 08.50 $ 89.66 $ 20,621.80 $ 27.95 $ 6,427.35 $ 40.00 $ 9,200.00 $ 25.00 $ 5,750.00 dispose 1" pave $ 2.70 $ 30,105.00 $ 0.80 $ 8,920.00 $ 1.18 $ 13,157.00 $ 1.15 $ 12,880.00 $ 2.00 $ 22,300.00 $ 2.00 $ 22,300.00 dispose 2" pave $ 5.00 $ 250.00 $ 0.92 $ 46.00 $ 2.12 $ 1 06.00 $ 1.44 $ 71.88 $ 2.50 $ 125.00 $ 4.00 $ 200.00 dispose limerock $ 3.90 $ 43,680.00 $ 1.17 $ 13,104.00 $ 1.97 $ 22,064.00 $ 1.73 $ 19,320.00 $ 4.00 $ 44,800.00 $ 2.00 $ 22,400.00 dispose subgrade $ 4.40 $ 49,280.00 $ 2.49 $ 27,888.00 $ 2.95 $ 33,040.00 $ 1.15 $ 12,880.00 $ 4.00 $ 44,800.00 $ 2.00 $ 22,400.00 dispose gutter $ 3.00 $ 900.00 $ 6.10 $ 1,830.00 $ 11.77 $ 3,531.00 $ 3.45 $ 1,035.00 $ 7.00 $ 2,100.00 $ 5.00 $ 1,500.00 sidewalk/driveway $ 3.00 $ 360.00 $ 3.65 $ 4 38.00 $ 58.24 $ 6,988.80 $ 32.60 $ 3,912.30 $ 9.00 $ 1,080.00 $ 25.00 $ 3,000.00 Sub‐Paving $ 4 77,667.00 $ 439,198.50 $ 436,772.60 $ 527,750.53 $ 454,645.00 $ 4 74,350.00 Page 66 of 174 Fire $ $ $ 0 $ $ $ $ $ $ $ $ $ ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item Fla. Eng. Dev. Caribe Utilities Acosta Tractor GS Works Tenex Ent. Tran Const. cont. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Sign & Marking 12" white solid $ 2.85 $ 2,069.10 $ 1.95 $ 1,415.70 $ 2.59 $ 1,880.34 $ 1.78 $ 1,294.10 $ 1.55 $ 1,125.30 $ 2.50 $ 1,815.00 24" white solid $ 5.05 $ 888.80 $ 3.85 $ 6 77.60 $ 5.30 $ 9 32.80 $ 4.60 $ 809.60 $ 4.00 $ 704.00 $ 5.00 $ 880.00 6" double yellow $ 2.00 $ 800.00 $ 1.50 $ 6 00.00 $ 2.48 $ 9 92.00 $ 2.88 $ 1,150.00 $ 2.50 $ 1,000.00 $ 2.00 $ 800.00 install signs $ 3 13.50 $ 9,405.00 $ 202.05 $ 6,061.50 $ 3 84.71 $ 11,541.30 $ 3 31.20 $ 9,936.00 $ 2.50 $ 75.00 $ 3 00.00 $ 9,000.00 Sub‐Sign & Mark $ 13,162.90 $ 8,754.80 $ 15,346.44 $ 1 3,189.70 $ 2 ,904.30 $ 12,495.00 Landscape Gumbo Limbo $ 2 51.40 $ 5,530.80 $ 195.00 $ 4,290.00 $ 2 17.65 $ 4,788.30 $ 2 64.50 $ 5,819.00 $ 2 66.00 $ 5,852.00 $ 1 95.00 $ 4,290.00 Live Oak $ 2 51.40 $ 8,296.20 $ 195.00 $ 6,435.00 $ 2 17.65 $ 7,182.45 $ 2 94.00 $ 9,867.00 $ 2 66.00 $ 8,778.00 $ 1 95.00 $ 6,435.00 Silver Buttonwood $ 1 69.00 $ 676.00 $ 195.00 $ 7 80.00 $ 2 17.65 $ 8 70.60 $ 1 84.00 $ 736.00 $ 2 70.00 $ 1,080.00 $ 1 95.00 $ 780.00 Sabal Palm $ 2 51.40 $ 8,799.00 $ 195.00 $ 6,825.00 $ 2 29.42 $ 8,029.70 $ 1 98.75 $ 6,641.25 $ 1 85.00 $ 6,475.00 $ 2 00.00 $ 7,000.00 Crown Thorns $ 12.70 $ 3,873.50 $ 9.80 $ 2,989.00 $ 6.77 $ 2,064.85 $ 9.20 $ 2,806.00 $ 6.00 $ 1,830.00 $ 6.00 $ 1,830.00 Bush 12.70 533.40 9.80 411.60 6.77 284.34 9.20 386.40 6.00 378.00 6.00 252.00 Fakahatchee Grass $ 11.60 $ 6,809.20 $ 9.80 $ 5,752.60 $ 6.77 $ 3,973.99 $ 9.20 $ 5,400.40 $ 9.00 $ 5,283.00 $ 6.00 $ 3,522.00 Bahia Sod $ 0.22 $ 8,800.00 $ 0.47 $ 18,800.00 $ 0.71 $ 28,400.00 $ 0.23 $ 9,200.00 $ 0.40 $ 16,000.00 $ 0.25 $ 10,000.00 Remove existing $ 5 50.00 $ 550.00 $ 550.00 $ 5 50.00 $ 4,117.65 $ 4,117.65 $ 1,035.00 $ 1,035.00 $ 2,000.00 $ 2,000.00 $ 3,600.00 $ 3,600.00 Sub‐Landscape $ 43,868.10 $ 46,833.20 $ 59,711.88 $ 4 1,891.05 $ 47,676.00 $ 37,709.00 Grand Totals $ 715,011.20 $ 747,710.50 $ 649,705.39 $ 810,871.68 $ 840,025.30 $ 734,436.00 Page 67 of 174 ffl $ $ $ 22 $ 4 0 $ $ $ $ $ $ g ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item JVA Eng Contractor GPE Eng Miguel Lopez Unitech Bldrs H&J Asphalt Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Gen Req $ 36,000.00 $ 36,000.00 $ 3 3,164.91 $ 33,164.91 $ 22,000.00 $ 22,000.00 $ 50,000.00 $ 50,000.00 $ 26,000.00 $ 26,000.00 MOT $ 15,000.00 $ 15,000.00 $ 1 3,845.94 $ 13,845.94 $ 5,000.00 $ 5,000.00 $ 17,903.75 $ 17,903.75 $ 11,000.00 $ 11,000.00 Sub‐Gen Req $ 51,000.00 $ 47,010.85 $ 27,000.00 $ 67,903.75 $ 37,000.00 Drainage Remove pipe $ 10.00 $ 500.00 $ 5.61 $ 2 80.50 $ 15.00 $ 7 50.00 $ 1 09.00 $ 5,450.00 $ 17.00 $ 850.00 Remove strut. $ 2 50.00 $ 1,500.00 $ 315.21 $ 1,891.26 $ 7 50.00 $ 4,500.00 $ 1,251.50 $ 7,509.00 $ 4 31.00 $ 2,586.00 Pipe 18" RCP $ 64.00 $ 12,160.00 $ 49.33 $ 9,372.70 $ 45.00 $ 8,550.00 $ 52.62 $ 9,997.80 $ 46.00 $ 8,740.00 Pipe 18" RCP exf $ 1 76.00 $ 155,232.00 $ 162.62 $ 143,430.84 $ 1 99.00 $ 175,518.00 $ 1 50.44 $ 132,688.08 $ 1 13.00 $ 99,666.00 5' basin $ 3,255.00 $ 32,550.00 $ 3,887.51 $ 38,875.10 $ 3,500.00 $ 35,000.00 $ 5,633.00 $ 56,330.00 $ 2,108.00 $ 21,080.00 6' basin $ 5,600.00 $ 5,600.00 $ 4,629.99 $ 4,629.99 $ 5,000.00 $ 5,000.00 $ 6,525.00 $ 6,525.00 $ 2,430.00 $ 2,430.00 4' manhole $ 1,970.00 $ 3,940.00 $ 2,707.71 $ 5,415.42 $ 3,000.00 $ 6,000.00 $ 3,296.29 $ 6,592.58 $ 2,310.00 $ 4,620.00 5' manhole $ 2,765.00 $ 2,765.00 $ 3,216.14 $ 3,216.14 $ 3,500.00 $ 3,500.00 $ 4,441.12 $ 4,441.12 $ 2,345.00 $ 2,345.00 Baffle 2 45.00 2,450.00 422.07 4,220.70 300.00 3,000.00 409.61 4,096.10 562.00 5,620.00 Storm strut $ 6 85.00 $ 4,110.00 $ 1,330.13 $ 7,980.78 $ 1,800.00 $ 10,800.00 $ 9 48.82 $ 5,692.92 $ 7 15.00 $ 4,290.00 Clean strut $ 1 85.00 $ 7,030.00 $ 118.58 $ 4,240.04 $ 2 50.00 $ 9,500.00 $ 1,000.00 $ 38,000.00 $ 2 90.00 $ 11,020.00 Clean pipe $ 8.00 $ 28,800.00 $ 4.70 $ 16,920.00 $ 4.00 $ 14,400.00 $ 10.00 $ 36,000.00 $ 3.50 $ 12,600.00 Sub ‐Drainage $ 2 56,637.00 $ 240,473.47 $ 276,518.00 $ 313,322.60 $ 175,847.00 Paving 2' Valley gutter $ 20.00 $ 16,000.00 $ 17.62 $ 14,096.00 $ 20.00 $ 16,000.00 $ 18.76 $ 15,009.66 $ 31.00 $ 24,800.00 S‐I asphalt $ 14.78 $ 165,536.00 $ 5.90 $ 66,080.00 $ 8.00 $ 89,600.00 $ 10.93 $ 122,385.79 $ 6.50 $ 72,800.00 S‐III asphalt $ 10.73 $ 120,176.00 $ 9.65 $ 108,080.00 $ 7.00 $ 78,400.00 $ 8.81 $ 98,691.58 $ 4.00 $ 44,800.00 8" limerock $ 5.40 $ 60,480.00 $ 11.17 $ 125,104.00 $ 12.75 $ 142,800.00 $ 13.03 $ 145,933.09 $ 8.00 $ 89,600.00 12"subgrade $ 1.35 $ 15,120.00 $ 2.26 $ 25,312.00 $ 15.90 $ 178,080.00 $ 11.31 $ 126,655.08 $ 3.00 $ 33,600.00 sidewalk $ 1 10.00 $ 25,300.00 $ 88.11 $ 20,265.30 $ 69.00 $ 15,870.00 $ 49.60 $ 11,409.66 $ 48.00 $ 11,040.00 dispose 1" pave $ 1.35 $ 15,052.50 $ 1.63 $ 18,174.50 $ 2.00 $ 22,300.00 $ 4.76 $ 53,159.00 $ 1.60 $ 17,840.00 dispose 2" pave $ 2.50 $ 125.00 $ 2.05 $ 1 02.50 $ 3.90 $ 1 95.00 $ 70.18 $ 3,509.00 $ 3.00 $ 150.00 dispose limerock $ 0.40 $ 4,480.00 $ 3.12 $ 34,944.00 $ 4.00 $ 44,800.00 $ 7.62 $ 85,345.11 $ 1.30 $ 14,560.00 dispose subgrade $ 0.35 $ 3,920.00 $ 3.77 $ 42,224.00 $ 6.20 $ 69,440.00 $ 10.36 $ 116,038.65 $ 1.30 $ 14,560.00 dispose gutter $ 5.00 $ 1,500.00 $ 4.42 $ 1,326.00 $ 7.00 $ 2,100.00 $ 21.00 $ 6,300.00 $ 9.10 $ 2,730.00 sidewalk/driveway $ 9.00 $ 1,080.00 $ 9.62 $ 1,154.40 $ 90.00 $ 10,800.00 $ 75.91 $ 9,109.00 $ 31.00 $ 3,720.00 Sub‐Paving $ 4 28,769.50 $ 456,862.70 $ 670,385.00 $ 793,545.62 $ 330,200.00 Page 68 of 174 Fire $ $ $ 9 $ $ $ $ $ $ $ ITB#08‐09‐034 Livable Neighborhood Improvements ‐Tabulation Sheet Item JVA Eng Contractor GPE Eng Miguel Lopez Unitech Bldrs H&J Asphalt cont. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Sign & Marking 12" white solid $ 2.00 $ 1,452.00 $ 1.82 $ 1,321.32 $ 3.00 $ 2,178.00 $ 2.00 $ 1,452.00 $ 1.67 $ 1,212.42 24" white solid $ 4.00 $ 704.00 $ 4.70 $ 8 27.20 $ 5.00 $ 8 80.00 $ 3.95 $ 695.20 $ 3.12 $ 549.12 6" double yellow $ 1.00 $ 400.00 $ 2.94 $ 1,176.00 $ 2.00 $ 8 00.00 $ 1.00 $ 400.00 $ 1.11 $ 444.00 install signs $ 2 85.00 $ 8,550.00 $ 338.28 $ 10,148.40 $ 1 85.00 $ 5,550.00 $ 1 50.00 $ 4,500.00 $ 2 99.51 $ 8,985.30 Sub‐Sign & Mark $ 11,106.00 $ 13,472.92 $ 9,408.00 $ 7,047.20 $ 11,190.84 Landscape Gumbo Limbo $ 2 35.00 $ 5,170.00 $ 297.18 $ 6,537.96 $ 3 78.00 $ 8,316.00 $ 4 00.00 $ 8,800.00 $ 3 50.00 $ 7,700.00 Live Oak $ 3 28.00 $ 10,824.00 $ 311.28 $ 10,272.24 $ 3 50.00 $ 11,550.00 $ 4 00.00 $ 13,200.00 $ 4 4 50.00 $ 14,850.00 Silver Buttonwood $ 1 95.00 $ 780.00 $ 176.19 $ 7 04.76 $ 2 06.00 $ 8 24.00 $ 3 50.00 $ 1,400.00 $ 3 50.00 $ 1,400.00 Sabal Palm $ 2 22.00 $ 7,770.00 $ 189.11 $ 6,618.85 $ 1 72.00 $ 6,020.00 $ 4 00.00 $ 14,000.00 $ 1 35.00 $ 4,725.00 Crown Thorns $ 9.00 $ 2,745.00 $ 7.34 $ 2,238.70 $ 14.00 $ 4,270.00 $ 8.00 $ 2,440.00 $ 1 00.00 $ 30,500.00 Bush 13.50 567.00 7.69 322.98 15.00 630.00 100.00 4,200.00 35.00 1,470.00 Fakahatchee Grass $ 11.00 $ 6,457.00 $ 7.69 $ 4,514.03 $ 14.00 $ 8,218.00 $ 8.00 $ 4,696.00 $ 10.00 $ 5,870.00 Bahia Sod $ 0.30 $ 12,000.00 $ 0.23 $ 9,200.00 $ 0.38 $ 15,200.00 $ 0.65 $ 26,000.00 $ 0.40 $ 16,000.00 Remove existing $ 3,000.00 $ 3,000.00 $ 1,761.92 $ 1,761.92 $ 4,000.00 $ 4,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Sub‐Landscape $ 49,313.00 $ 42,171.44 $ 59,028.00 $ 8 4,736.00 $ 92,515.00 Grand Totals $ 796,825.50 $ 799,991.38 $ 1,042,339.00 $ 1,266,555.17 $ 646,752.84 Page 69 of 174 CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between Solo Construction Corporation, hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement and General Conditions (Exhibit 1) (2) All Federal Requirements for CDBG. (3) Construction performance bond. (5) Construction payment bond. (6) Insurance certificate(s). (7) Notice of Award and Notice to Proceed. (8) Invitation to Bid and the Specifications prepared by the CITY (Exhibit 2). (9) CONTRACTOR's Response to the CITY's Invitation to Bid No. 08-09-034 dated May 21, 2009, (Exhibit 3). Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not, and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. Exhibit 1. d. Exhibit 2. e. Exhibit 3. 1.2 Conflict, Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. Kings Garden I&II Page 1 of 10 Construction Contract Page 70 of 174 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. 1.4 Representation of CITY: 1.4.1 CDBG funds in the amount not to exceed Five Hundred Ninety-four Thousand Ninety dollars ($594,090.00) are being utilized in this transaction for the purpose of this Project. Specifications & Contract Documents related to the Project, attached as composite Exhibits, as amended from time to time, represent the scope of work and responsibilities of the parties under the CDBG Program and that the parties agree to abide by and comply with their roles and responsibilities. 1.4.2 The CITY has the sole responsibility and obligation of interpreting the intent and purpose of the Program and Contract Documents 1.4.3 The CITY and CONTRACTOR acknowledge and agree that funds provided derive from CDBG Program funds appropriated to the CITY by the U.S. Department of Housing and Urban Development for the uses and purposes referred to in this Agreement. If such funds, in whole or in part, are no longer available to the CITY, then CONTRACTOR acknowledges and agrees that CITY may scale back the terms of this Agreement, as necessary, or terminate this Agreement without any liability. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 3.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of Notice of Award. Kings Garden I&II Page 2 of 10 Construction Contract Page 71 of 174 3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially completed within Seventy (70) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within One Hundred (100) days from the date certified by CITY as the date of Substantial Completion. 3.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR shall pay to CITY the sum of Two Hundred and Fifty Dollars ($250.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 2.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of One Hundred and Fifty Dollars ($150.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 4. COMPENSATION CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown in the Contract Documents, the sum of Five Kings Garden I&II Page 3 of 10 Construction Contract Page 72 of 174 Hundred Ninety-four Thousand Ninety dollars ($594,090.00) in accordance with HUD regulations and the Davis-Bacon Act (40 USC 267a) as amended and incorporated by reference in this Agreement. ARTICLE 5. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the Project components as dictated by the CITY, including an updated Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30) business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Kings Garden I&II Page 4 of 10 Construction Contract Page 73 of 174 Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments if CITY finds the Work acceptable, the requisite documents have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will submit a statement stating such to the CITY Manager. Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s), as applicable, arising out of this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other indebtedness connected with the Work has been paid. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 7. MISCELLANEOUS 7.1 Conflict: Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision provision shall control. Kings Garden I&II Page 5 of 10 Construction Contract Page 74 of 174 7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, agents, or subcontractors of the CITY, and CONTRACTOR shall be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 7.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses and certifications certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 Entire Contract – Modification: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Contract contains the entire understanding of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then the terms of the Contract shall control. 7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a claim against either of them based upon this Contract. 7.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to the CONTRACTOR shall be mailed to: Name: .Randy Pierson Fed. ID# 59-1829536 Address: 3855 Commerce Parkway Telephone 305-944-3922 Address: Fax 305-944-0037 Kings Garden I&II Page 6 of 10 Construction Contract Page 75 of 174 City, State & Zip: Miramar, FL 33025 Contact Person: Randy Pierson Title: President 7.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.10 Applicable Law and Venue: This This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. Kings Garden I&II Page 7 of 10 Construction Contract Page 76 of 174 7.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 7.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. 7.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 7.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed by Contractor or to be performed by Contractor. 7.15 Indemnification: Contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the Kings Garden I&II Page 8 of 10 Construction Contract Page 77 of 174 contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.] Kings Garden I&II Page 9 of 10 Construction Contract Page 78 of 174 Kings Garden I&II Page 10 of 10 Construction Contract IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print Name:__________________________ Title:_______________________________ ATTEST: CITY OF MIAMI GARDENS ________________________________ _______________________ ____ City Clerk City Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 79 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Public Works – Capital Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#08‐09‐036 Replacement & Installation of Sidewalks X Sponsor Name Dr. Danny Cre City Manager w, Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO PABON ENGINEERING, INC. AS PRIMARY CONTRACTOR AND TRAN CONSTRUCTION, INC. AS SECONDARY CONTRACTOR FOR REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s Public Works Department continues to install, repair and replace sidewalks throughout the City on an as needed basis. The current contract which City Council awarded on July 27, 2005, for this service will expire on July 29, 2009. Funding for this expenditure is provided every fiscal year in the Capital Fund. The City acting as the lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications for an annual contract with options to renew annually, subject to appropriations, for a maximum of two years. The solicitation ITB#08-09-036 Replacement & Installation of Sidewalks advertised on April 24, 2009. A broadcast notice was sent to 562 vendors. Thirty-seven bid packages were requested. Twenty bids were opened and publicity read on May 21, 2009. ITEM J-4) CONSENT AGENDA RESOLUTION Awarding a bid to Pabon Engineering, Inc. Page 80 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Bids were evaluated for compliance with the specifications and their ability to perform the work. Reference checks were sent for the two apparent low bidders. The references were checked by staff and found favorable for the primary and secondary contractor(s). Inasmuch as several Cities are participating in this contract, the specifications require award to a primary and secondary contractor to ensure sufficient coverage. The first and second apparent low bidders, are primary – Pabon Engineering, Inc. located in Homestead,Florida and secondary – Tran Construction, Inc., located in Miami, Florida. Co-Op Cities participating are: City of Hallandale Beach; City of Deerfield Beach; City of Miramar; City of Pompano Beach; City of Lauderdale Lakes; City of Tamarc; City of Hollywood; City of Lauderhill; City of Sunrise and City of Cooper City. Proposed Action: That the City Council approve the attached resolution awarding the annual contract for for the Replacement & Installation of Sidewalks (ITB#08-09-036) with option to renew for a maximum of two years to Pabon Engineering, Inc. as primary contractor and Tran Construction, Inc as secondary contractor and authorizing the City Manager to issue purchases orders on as needed basis not to exceed the allocated budget for the replacement and installation of sidewalks. Attachment: Exhibit A: Tabulation Sheet Page 81 of 174 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO PABON ENGINEERING, INC. AS PRIMARY CONTRACTOR AND TRAN CONSTRUCTION, INC. AS SECONDARY CONTRACTOR FOR REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is currently operating under a Contract for the repair and replacement of sidewalks which will expire on July 29, 2009, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City acting as the lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications for Invitation To Bid No. 08-09-036, for the replacement and installation of sidewalks, and WHEREAS, twenty (20) bids were received and publicly read, and WHEREAS, all bids were evaluated for compliance with the specifications and the ability to perform the work, and WHEREAS, City Staff is recommending that the City award the bid to the first and second apparent low bidders, which are Pabon Engineering, Inc. and Tran Construction, Inc., 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 82 of 174 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby awards Invitation To Bid No. 08-09-036 to Pabon Engineering, Inc. as the primary contractor and Tran Construction, Inc. as the secondary contractor for the replacement and installation of sidewalks. The City Council further authorizes the City Manager to issue Purchase Orders on an as-needed basis not to exceed the allocated budgeted amount for this purpose. 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 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 ZONING MEETING HELD ON ________________________. _________________________________ 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: _____ 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) Page 83 of 174 53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 Councilman André Williams (Yes) ___(No) 56 57 58 SKD/bfc 8511181.1 Page 84 of 174 t UOM rITB#08‐09‐036 Installation & Replacement of Sidewlaks May 21, 2009 ‐Tabluation Sheet Items Price Est. Tran Construction E & M Equipment Andes Construction JB Builders Senti Engineering per Quantity UOM Total UOM Total UOM Total UOM Total UOM Total Bonds Projects $150,000 or TOTAL TOTAL TOTAL TOTAL TOTAL New 4’ wide 4” depth L Ft. 2,830 $ 12.00 $ 33,960.00 $ 12.00 $ 33,960.00 $ 12.50 $ 35,375.00 $ 14.00 $ 39,620.00 $ 15.90 $ 44,997.00 New 4’ wide 6” depth L Ft. 700 $ 14.00 $ 9,800.00 $ 14.30 $ 10,010.00 $ 15.50 $ 10,850.00 $ 16.00 $ 11,200.00 $ 18.40 $ 12,880.00 New 5’ wide 4” depth L Ft. 32,100 $ 13.00 $ 417,300.00 $ 13.76 $ 441,696.00 $ 14.50 $ 465,450.00 $ 17.50 $ 561,750.00 $ 19.50 $ 625,950.00 New 5’ wide 6” depth L Ft. 590 $ 17.50 $ 10,325.00 $ 16.58 $ 9,782.20 $ 19.50 $ 11,505.00 $ 20.00 $ 11,800.00 $ 22.50 $ 13,275.00 New 6’ wide 4” depth L Ft. 2,100 $ 18.00 $ 37,800.00 $ 16.32 $ 34,272.00 $ 18.00 $ 37,800.00 $ 21.00 $ 44,100.00 $ 23.00 $ 48,300.00 New 6’ wide 6” depth L Ft. 12,250 $ 19.00 $ 232,750.00 $ 19.70 $ 241,325.00 $ 22.50 $ 275,625.00 $ 24.00 $ 294,000.00 $ 26.60 $ 325,850.00 Curb Gutter F 1,500 $ 14.00 $ 21,000.00 $ 19.00 $ 28,500.00 $ 16.50 $ 24,750.00 $ 18.00 $ 27,000.00 $ 22.00 $ 33,000.00 Curb gutter D 1,500 $ 10.00 $ 15,000.00 $ 13.00 $ 19,500.00 $ 8.50 $ 12,750.00 $ 7.00 $ 10,500.00 $ 14.00 $ 21,000.00 Tree Root Pruning/Biobarrier 50 $ 150.00 $ 7,500.00 $ 40.00 $ 2,000.00 $ 140.00 $ 7,000.00 $ 75.00 $ 3,750.00 $ 75.00 $ 3,750.00 0”+ to 18” tree 10 $ 50.00 $ 500.00 $ 200.00 $ 2,000.00 $ 250.00 $ 2,500.00 $ 20.00 $ 200.00 $ 230.00 $ 2,300.00 8" + to 18" tree 10 $ 60.00 $ 600.00 $ 250.00 $ 2,500.00 $ 250.00 $ 2,500.00 $ 250.00 $ 2,500.00 $ 250.00 $ 2,500.00 18" + to 30" tree 20 $ 70.00 $ 1,400.00 $ 300.00 $ 6,000.00 $ 300.00 $ 6,000.00 $ 250.00 $ 5,000.00 $ 350.00 $ 7,000.00 30" + tree 20 $ 80.00 $ 1,600.00 $ 400.00 $ 8,000.00 $ 450.00 $ 9,000.00 $ 450.00 $ 9,000.00 $ 500.00 $ 10,000.00 Live Oak Fla. #1 10’-12’ tree 15 $ 195.00 $ 2,925.00 $ 350.00 $ 5,250.00 $ 275.00 $ 4,125.00 $ 200.00 $ 3,000.00 $ 300.00 $ 4,500.00 Mahogany Fla. #1 10’-12’ tree 10 $ 195.00 $ 1,950.00 $ 350.00 $ 3,500.00 $ 275.00 $ 2,750.00 $ 200.00 $ 2,000.00 $ 300.00 $ 3,000.00 Crape Fla. #1 10’-12’ tree 10 $ 195.00 $ 1,950.00 $ 500.00 $ 5,000.00 $ 350.00 $ 3,500.00 $ 200.00 $ 2,000.00 $ 450.00 $ 4,500.00 Silver Buttonwood Fla. #1 10 $ 195.00 $ 1,950.00 $ 300.00 $ 3,000.00 $ 250.00 $ 2,500.00 $ 200.00 $ 2,000.00 $ 300.00 $ 3,000.00 1e0x’is1t2in’g Handicap Ramps tL Ft. 130 $ 30.00 $ 3,900.00 $ 76.00 $ 9,880.00 $ 100.00 $ 13,000.00 $ 90.00 $ 11,700.00 $ 28.50 $ 3,705.00 New Handicap Ramps L Ft. 45 $ 25.00 $ 1,125.00 $ 50.00 $ 2,250.00 $ 120.00 $ 5,400.00 $ 80.00 $ 3,600.00 $ 28.50 $ 1,282.50 R.O.W. Survey (to establish ½ bl 20 $ 900.00 $ 18,000.00 $ 150.00 $ 3,000.00 $ 300.00 $ 6,000.00 $ 480.00 $ 9,600.00 $ 150.00 $ 3,000.00 4” Thictk 4li’ wid)e Flag L Ft. 600 $ 16.00 $ 9,600.00 $ 16.80 $ 10,080.00 $ 11.80 $ 7,080.00 $ 17.00 $ 10,200.00 $ 15.90 $ 9,540.00 6R” Thickl /4D’ iwide Fll/aIg t ll L Ft. 150 $ 18.00 $ 2,700.00 2,700.00 $ 19.00 $ 2,850.00 $ 15.22 $ 2,283.00 $ 1,940.00 $ 291,000.00 $ 18.40 $ 2,760.00 CRurb Cult/sD (iinc. rels/Itorat tilol n) 510 $ 70.00 $ 35,700.00 $ 11.50 $ 5,865.00 $ 15.00 $ 7,650.00 $ 20.00 $ 10,200.00 $ 10.50 $ 5,355.00 4” Thick 5’ wide Flag EL Fth. 5,100 $ 19.00 $ 96,900.00 $ 19.56 $ 99,756.00 $ 14.80 $ 75,480.00 $ 21.25 $ 108,375.00 $ 19.50 $ 99,450.00 6R” Thickl /5D’ iwide Fll/aIg t ll L Ft. 3,000 $ 20.00 $ 60,000.00 $ 25.50 $ 76,500.00 $ 18.70 $ 56,100.00 $ 24.25 $ 72,750.00 $ 22.50 $ 67,500.00 4R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 200 $ 24.00 $ 4,800.00 $ 23.12 $ 4,624.00 $ 17.90 $ 3,580.00 $ 25.50 $ 5,100.00 $ 23.00 $ 4,600.00 6R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 150 $ 27.00 $ 4,050.00 $ 26.50 $ 3,975.00 $ 22.80 $ 3,420.00 $ 29.10 $ 4,365.00 $ 26.60 $ 3,990.00 RRelocatiol/Dn iFencel/I t ll L Ft. 50 $ 25.00 $ 1,250.00 $ 20.00 $ 1,000.00 $ 20.00 $ 1,000.00 $ 7.00 $ 350.00 $ 20.00 $ 1,000.00 igation Parts Sch. 40 PVC Pip Pipe/Li 1,000 $ 5.00 $ 5,000.00 $ 6.00 $ 6,000.00 $ 9.00 $ 9,000.00 $ 6.00 $ 6,000.00 $ 9.00 $ 9,000.00 Ft 100 $ 25.00 $ 2,500.00 $ 20.00 $ 2,000.00 $ 14.00 $ 1,400.00 $ 45.00 $ 4,500.00 $ 20.00 $ 2,000.00 Compaction Test REacihb i 50 $ 100.00 $ 5,000.00 $ 80.00 $ 4,000.00 $ 120.00 $ 6,000.00 $ 75.00 $ 3,750.00 $ 150.00 $ 7,500.00 Raise Utilities Access Each 50 $ 125.00 $ 6,250.00 $ 200.00 $ 10,000.00 $ 250.00 $ 12,500.00 $ 75.00 $ 3,750.00 $ 200.00 $ 10,000.00 TOTAL $ 1,055,085.00 $ 1,098,075.20 $ 1,123,873.00 $ 1,574,660.00 $ 1,396,484.50 Page 85 of 174 t UOM $ 17 $ 10,704 00 rItems Price Est. Metro Express Straight Line Engineering FBM General M Villa & Assc LHP General per Quantity UOM Total UOM Total UOM Total UOM Total UOM Total Bonds Projects $150,000 or TOTAL TOTAL TOTAL TOTAL TOTAL New 4’ wide 4” depth L Ft. 2,830 $ 15.00 $ 42,450.00 $ 16.00 $ 45,280.00 $ 16.72 $ 47,317.60 $ 12.63 $ 35,742.90 $ 15.30 $ 43,299.00 New 4’ wide 6” depth L Ft. 700 $ 18.00 $ 12,600.00 $ 20.00 $ 14,000.00 $ 18.98 $ 13,286.00 $ 16.56 $ 11,592.00 $ 16.77 $ 11,739.00 New 5’ wide 4” depth L Ft. 32,100 $ 17.00 $ 545,700.00 $ 20.00 $ 642,000.00 $ 20.10 $ 645,210.00 $ 15.68 $ 503,328.00 $ 18.81 $ 603,801.00 New 5’ wide 6” depth L Ft. 590 $ 19.00 $ 11,210.00 $ 25.00 $ 14,750.00 $ 23.00 $ 13,570.00 $ 20.66 $ 12,189.40 $ 21.20 $ 12,508.00 New 6’ wide 4” depth L Ft. 2,100 $ 21.00 $ 44,100.00 $ 25.00 $ 52,500.00 $ 25.20 $ 52,920.00 $ 18.81 $ 39,501.00 $ 19.84 $ 41,664.00 New 6’ wide 6” depth L Ft. 12,250 $ 23.00 $ 281,750.00 $ 25.00 $ 306,250.00 $ 27.00 $ 330,750.00 $ 24.79 $ 303,677.50 $ 25.00 $ 306,250.00 Curb Gutter F 1,500 $ 20.00 $ 30,000.00 $ 30.00 $ 45,000.00 $ 21.45 $ 32,175.00 $ 14.86 $ 22,290.00 $ 14.90 $ 22,350.00 Curb gutter D 1,500 $ 20.00 $ 30,000.00 $ 20.00 $ 30,000.00 $ 16.65 $ 24,975.00 $ 11.10 $ 16,650.00 $ 13.92 $ 20,880.00 Tree Root Pruning/Biobarrier 50 $ 100.00 $ 5,000.00 $ 30.00 $ 1,500.00 $ 28.00 $ 1,400.00 $ 213.11 $ 10,655.50 $ 25.70 $ 1,285.00 0”+ to 18” tree 10 $ 50.00 $ 500.00 $ 200.00 $ 2,000.00 $ 250.00 $ 2,500.00 $ 387.47 $ 3,874.70 $ 237.50 $ 2,375.00 8" + to 18" tree 10 $ 100.00 $ 1,000.00 $ 200.00 $ 2,000.00 $ 250.00 $ 2,500.00 $ 742.26 $ 7,422.60 $ 237.50 $ 2,375.00 18" + to 30" tree 20 $ 200.00 $ 4,000.00 $ 250.00 $ 5,000.00 $ 350.00 $ 7,000.00 $ 1,303.09 $ 26,061.80 $ 237.50 $ 4,750.00 30" + tree 20 $ 300.00 $ 6,000.00 $ 350.00 $ 7,000.00 $ 450.00 $ 9,000.00 $ 1,674.52 $ 33,490.40 $ 427.50 $ 8,550.00 Live Oak Fla. #1 10’-12’ tree 15 $ 350.00 $ 5,250.00 $ 275.00 $ 4,125.00 $ 290.00 $ 4,350.00 $ 209.30 $ 3,139.50 $ 235.00 $ 3,525.00 Mahogany Fla. #1 10’-12’ tree 10 $ 350.00 $ 3,500.00 $ 275.00 $ 2,750.00 $ 290.00 $ 2,900.00 $ 209.30 $ 2,093.00 $ 235.00 $ 2,350.00 Crape Fla. #1 10’-12’ tree 10 $ 350.00 $ 3,500.00 $ 350.00 $ 3,500.00 $ 350.00 $ 3,500.00 $ 209.30 $ 2,093.00 $ 400.00 $ 4,000.00 Silver Buttonwood Fla. #1 10 $ 350.00 $ 3,500.00 $ 350.00 $ 3,500.00 $ 350.00 $ 3,500.00 $ 209.30 $ 2,093.00 $ 225.00 $ 2,250.00 1e0x’is1t2in’g Handicap Ramps tL Ft. 130 $ 125.00 $ 16,250.00 $ 120.00 $ 15,600.00 $ 40.00 $ 5,200.00 $ 78.90 $ 10,257.00 $ 85.00 $ 11,050.00 New Handicap Ramps L Ft. 45 $ 125.00 $ 5,625.00 $ 120.00 $ 5,400.00 $ 27.00 $ 1,215.00 $ 75.23 $ 3,385.35 $ 85.00 $ 3,825.00 R.O.W. Survey (to establish ½ bl 20 $ 500.00 $ 10,000.00 $ 1,000.00 $ 20,000.00 $ 150.00 $ 3,000.00 $ 875.00 $ 17,500.00 $ 350.00 $ 7,000.00 4” Thictk 4li’ wid)e Flag L Ft. 600 $ 16.00 $ 9,600.00 $ 20.00 $ 12,000.00 $ 16.72 $ 10,032.00 $ 16.21 $ 9,726.00 17.84 10,704.00 R6” Thickl /4D’ iwide Fll/aIg t ll L Ft. 150 $ 18.00 $ 2,700.00 $ 30.00 $ 4,500.00 $ 18.95 $ 2,842.50 $ 22.43 $ 3,364.50 $ 20.66 $ 3,099.00 CRurb Cult/sD (iinc. rels/Itorat tilol n) 510 $ 12.00 $ 6,120.00 $ 2.00 $ 1,020.00 $ 10.00 $ 5,100.00 $ 26.60 $ 13,566.00 $ 17.00 $ 8,670.00 4” Thick 5’ wide Flag EL Fth. 5,100 $ 18.00 $ 91,800.00 $ 30.00 $ 153,000.00 $ 18.95 $ 96,645.00 $ 20.27 $ 103,377.00 $ 22.28 $ 113,628.00 6R” Thickl /5D’ iwide Fll/aIg t ll L Ft. 3,000 $ 20.00 $ 60,000.00 $ 30.00 $ 90,000.00 $ 19.95 $ 59,850.00 $ 25.09 $ 75,270.00 $ 24.99 $ 74,970.00 4R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 200 $ 21.00 $ 4,200.00 $ 20.00 $ 4,000.00 $ 20.40 $ 4,080.00 $ 24.27 $ 4,854.00 $ 23.75 $ 4,750.00 6R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 150 $ 22.00 $ 3,300.00 $ 40.00 $ 6,000.00 $ 25.50 $ 3,825.00 $ 33.65 $ 5,047.50 $ 25.98 $ 3,897.00 RRelocatiol/Dn iFencel/I t ll L Ft. 50 $ 18.00 $ 900.00 $ 30.00 $ 1,500.00 $ 20.00 $ 1,000.00 $ 25.00 $ 1,250.00 $ 19.00 $ 9 50.00 igation Parts Sch. 40 PVC Pip Pipe/Li 1,000 $ 9.00 $ 9,000.00 $ 10.00 $ 10,000.00 $ 10.00 $ 10,000.00 $ 7.00 $ 7,000.00 $ 8.00 $ 8,000.00 Ft 100 $ 25.00 $ 2,500.00 $ 10.00 $ 1,000.00 $ 20.00 $ 2,000.00 $ 65.00 $ 6,500.00 $ 17.00 $ 1,700.00 Compaction Test REacihb i 50 $ 100.00 $ 5,000.00 $ 50.00 $ 2,500.00 $ 110.00 $ 5,500.00 $ 31.94 $ 1,597.00 $ 135.00 $ 6,750.00 Raise Utilities Access Each 50 $ 300.00 $ 15,000.00 $ 100.00 $ 5,000.00 $ 150.00 $ 7,500.00 $ 165.90 $ 8,295.00 $ 200.00 $ 10,000.00 TOTAL $ 1,272,055.00 $ 1,512,675.00 $ 1,414,643.10 $ 1,306,883.65 $ 1,362,944.00 Page 86 of 174 t UOM wide 600 $ $ $ $ $ $ $ 12 $ 36 00 $ 21 600 00 rItems Price Est. Darcon JA & M Developing Corp. Maggolc Homestead Concrete Team Contractor per Quantity UOM Total UOM Total UOM Total UOM Total UOM Total Bonds Projects $150,000 or TOTAL TOTAL TOTAL TOTAL TOTAL New 4’ wide 4” depth L Ft. 2,830 $ 16.00 $ 45,280.00 $ 16.00 45,280.00 $ 17.00 $ 48,110.00 $ 18.98 $ 53,713.40 $ 20.00 $ 56,600.00 New 4’ wide 6” depth L Ft. 700 $ 19.00 $ 13,300.00 $ 19.00 13,300 $ 18.00 $ 12,600.00 $ 20.70 $ 14,490.00 $ 24.00 $ 16,800.00 New 5’ wide 4” depth L Ft. 32,100 $ 18.20 $ 584,220.00 $ 20.00 642,000 $ 20.50 $ 658,050.00 $ 21.02 $ 674,742.00 $ 24.00 $ 770,400.00 New 5’ wide 6” depth L Ft. 590 $ 25.00 $ 14,750.00 $ 23.75 14,012.50 $ 22.50 $ 13,275.00 $ 23.58 $ 13,912.20 $ 30.00 $ 17,700.00 New 6’ wide 4” depth L Ft. 2,100 $ 24.00 $ 50,400.00 $ 24.00 50,400 $ 23.75 $ 49,875.00 $ 25.30 $ 53,130.00 $ 30.00 $ 63,000.00 New 6’ wide 6” depth L Ft. 12,250 $ 26.00 $ 318,500.00 $ 27.00 330,750 $ 27.10 $ 331,975.00 $ 25.46 $ 311,885.00 $ 34.00 $ 416,500.00 Curb Gutter F 1,500 $ 23.00 $ 34,500.00 $ 15.00 22,500 $ 16.15 $ 24,225.00 $ 12.95 $ 19,425.00 $ 20.00 $ 30,000.00 Curb gutter D 1,500 $ 16.00 $ 24,000.00 $ 12.00 18,000 $ 11.00 $ 16,500.00 $ 10.45 $ 15,675.00 $ 18.00 $ 27,000.00 Tree Root Pruning/Biobarrier 50 $ 115.00 $ 5,750.00 $ 86.00 4,300 $ 30.00 $ 1,500.00 $ 172.50 $ 8,625.00 $ 100.00 $ 5,000.00 0”+ to 18” tree 10 $ 225.00 $ 2,250.00 $ 250.00 2,500.00 $ 150.00 $ 1,500.00 $ 247.25 $ 2,472.50 $ 250.00 $ 2,500.00 8" + to 18" tree 10 $ 250.00 $ 2,500.00 $ 350.00 3,500.00 $ 100.00 $ 1,000.00 $ 431.25 $ 4,312.50 $ 400.00 $ 4,000.00 18" + to 30" tree 20 $ 350.00 $ 7,000.00 $ 450.00 9,000.00 $ 100.00 $ 2,000.00 $ 959.10 $ 19,182.00 $ 700.00 $ 14,000.00 30" + tree 20 $ 450.00 $ 9,000.00 $ 650.00 13,000.00 $ 110.00 $ 2,200.00 $ 1,725.00 $ 34,500.00 $ 1,000.00 $ 20,000.00 Live Oak Fla. #1 10’-12’ tree 15 $ 297.00 $ 4,455.00 $ 220.00 3,300 $ 110.00 $ 1,650.00 $ 391.00 $ 5,865.00 $ 400.00 $ 6,000.00 Mahogany Fla. #1 10’-12’ tree 10 $ 270.00 270.00 $ 2,700.00 $ 235.00 $ 2,350.00 $ 115.00 $ 1,150.00 $ 392.15 $ 3,921.50 $ 450.00 $ 4,500.00 Crape Fla. #1 10’-12’ tree 10 $ 324.00 $ 3,240.00 $ 210.00 2,100 $ 120.00 $ 1,200.00 $ 448.50 $ 4,485.00 $ 500.00 $ 5,000.00 Silver Buttonwood Fla. #1 10 $ 270.00 $ 2,700.00 $ 220.00 2,200 $ 110.00 $ 1,100.00 $ 347.30 $ 3,473.00 $ 500.00 $ 5,000.00 e1x0i’s1ti2n’g Handicap Ramps tL Ft. 130 $ 72.00 $ 9,360.00 $ 38.00 4,940.00 $ 67.00 $ 8,710.00 $ 40.50 $ 5,265.00 $ 30.00 $ 3,900.00 New Handicap Ramps L Ft. 45 $ 80.00 $ 3,600.00 $ 45.00 2,025.00 $ 67.00 $ 3,015.00 $ 84.20 $ 3,789.00 $ 50.00 $ 2,250.00 R.O.W. Survey (to establish ½ bl 20 $ 495.00 $ 9,900.00 $ 250.00 5,000.00 $ 2.00 $ 40.00 $ 172.50 $ 3,450.00 $ 150.00 $ 3,000.00 4” Thictk 4li’ wid)e Flag L Ft. 15.00 9,000.00 16.00 9,600.00 16.00 9,600.00 20.95 12,570.00 36.00 21,600.00 R6” Thickl /4D’ iwide Fll/aIg t ll L Ft. 150 $ 17.00 $ 2,550.00 $ 18.00 2,700.00 $ 18.00 $ 2,700.00 $ 22.95 $ 3,442.50 $ 40.00 $ 6,000.00 CRurb Cult/sD (iinc. rels/Itorat tilol n) 510 $ 13.00 $ 6,630.00 $ 18.00 9,180.00 $ 8.00 $ 4,080.00 $ 45.00 $ 22,950.00 $ 40.00 $ 20,400.00 4” Thick 5’ wide Flag EL Fth. 5,100 $ 25.00 $ 127,500.00 $ 21.00 107,100.00 $ 16.00 $ 81,600.00 $ 24.15 $ 123,165.00 $ 45.00 $ 229,500.00 6R” Thickl /5D’ iwide Fll/aIg t ll L Ft. 3,000 $ 30.00 $ 90,000.00 $ 24.75 74,250.00 $ 17.00 $ 51,000.00 $ 25.24 $ 75,720.00 $ 50.00 $ 150,000.00 4R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 200 $ 39.00 $ 7,800.00 $ 22.50 4,500.00 $ 18.00 $ 3,600.00 $ 30.48 $ 6,096.00 $ 54.00 $ 10,800.00 6R” Thickl /6D’ iwide Fll/aIg t ll L Ft. 150 $ 40.00 $ 6,000.00 $ 26.50 3,975.00 $ 22.00 $ 3,300.00 $ 31.63 $ 4,744.50 $ 60.00 $ 9,000.00 RRelocatiol/Dn iFencel/I t ll L Ft. 50 $ 28.00 $ 1,400.00 $ 18.00 900.00 $ 8.00 $ 400.00 $ 23.00 $ 1,150.00 $ 25.00 $ 1,250.00 igation Parts Sch. 40 PVC Pip Pipe/Li 1,000 $ 9.75 $ 9,750.00 $ 9.00 9,000.00 $ 2.00 $ 2,000.00 $ 10.93 $ 10,930.00 $ 10.00 $ 10,000.00 Ft 100 $ 28.00 $ 2,800.00 $ 70.00 7,000.00 $ 10.00 $ 1,000.00 $ 26.45 $ 2,645.00 $ 20.00 $ 2,000.00 Compaction Test REacihb i 50 $ 115.00 $ 5,750.00 $ 50.00 2,500.00 $ 100.00 $ 5,000.00 $ 117.30 $ 5,865.00 $ 100.00 $ 5,000.00 Raise Utilities Access Each 50 $ 200.00 $ 10,000.00 $ 150.00 7,500.00 $ 100.00 $ 5,000.00 $ 200.10 $ 10,005.00 $ 120.00 $ 6,000.00 TOTAL $ 1,426,585.00 $1,428,662.50 $ 1,348,955.00 $1,535,596.10 $ 1,944,700.00 Page 87 of 174 t UOM wide 600 $ $ $ $ $ $ $ 5 160 00 rItems Price Est. RJP Enterprise Mullings Engineering Miguel Lopez Pontifex Construction Group, Pabon Engineering, inc. per Quantity I UOM Total UOM Total UOM Total UOM Total UOM Total Bonds Projects $150,000 or TOTAL TOTAL TOTAL TOTAL TOTAL New 4’ wide 4” depth L Ft. 2,830 $ 20.25 57,307.50 24.50 69,335.00 $ 30.00 $ 84,900.00 $ 12.00 $ 33,960.00 $ 8.50 $ 24,055.00 New 4’ wide 6” depth L Ft. 700 $ 22.50 15,750 25.50 17,850 $ 34.00 $ 23,800.00 $ 17.00 $ 11,900.00 $ 12.80 $ 8,960.00 New 5’ wide 4” depth L Ft. 32,100 $ 25.00 802,500 26.50 850,650 $ 38.00 $ 1,219,800.00 $ 16.00 $ 513,600.00 $ 10.50 $ 337,050.00 New 5’ wide 6” depth L Ft. 590 $ 28.00 16,520 32.50 19,175 $ 43.00 $ 25,370.00 $ 20.00 $ 11,800.00 $ 16.10 $ 9,499.00 New 6’ wide 4” depth L Ft. 2,100 $ 30.15 63,315 32.50 68,250 $ 45.00 $ 94,500.00 $ 19.50 $ 40,950.00 $ 12.70 $ 26,670.00 New 6’ wide 6” depth L Ft. 12,250 $ 33.50 410,375 40.00 490,000 $ 51.00 $ 624,750.00 $ 25.50 $ 312,375.00 $ 19.20 $ 235,200.00 Curb Gutter F 1,500 $ 30.00 45,000 22.00 33,000 $ 25.00 $ 37,500.00 $ 16.50 $ 24,750.00 $ 10.80 $ 16,200.00 Curb gutter D 1,500 $ 35.00 52,500 20.00 30,000 $ 20.00 $ 30,000.00 $ 10.00 $ 15,000.00 $ 10.00 $ 15,000.00 Tree Root Pruning/Biobarrier 50 $ 138.00 6,900 140.00 7,000 $ 500.00 $ 25,000.00 $ 79.00 $ 3,950.00 $ 60.00 $ 3,000.00 0”+ to 18” tree 10 $ 300.00 3,000.00 190.00 1,900.00 $ 450.00 $ 4,500.00 $ 280.00 $ 2,800.00 $ 100.00 $ 1,000.00 8" + to 18" tree 10 $ 450.00 4,500.00 250.00 2,500.00 $ 750.00 $ 7,500.00 $ 525.00 $ 5,250.00 $ 200.00 $ 2,000.00 18" + to 30" tree 20 $ 720.00 14,400.00 550.00 11,000.00 $ 1,000.00 $ 20,000.00 $ 1,040.00 $ 20,800.00 $ 325.00 $ 6,500.00 30" + tree 20 $ 960.00 19,200.00 850.00 17,000.00 $ 1,500.00 $ 30,000.00 $ 2,080.00 $ 41,600.00 $ 525.00 $ 10,500.00 Live Oak Fla. #1 10’-12’ tree 15 $ 330.00 4,950 250.00 3,750 $ 1,500.00 $ 22,500.00 $ 200.00 $ 3,000.00 $ 833.00 $ 12,495.00 Mahogany Fla. #1 10’-12’ tree 10 $ 300.00 3,000 250.00 2,500 $ 1,800.00 $ 18,000.00 $ 200.00 $ 2,000.00 $ 850.00 $ 8,500.00 Crape Fla. #1 10’-12’ tree 10 $ 330.00 3,300 250.00 2,500 $ 2,000.00 $ 20,000.00 $ 200.00 $ 2,000.00 $ 850.00 $ 8,500.00 Silver Buttonwood Fla. #1 10 $ 300.00 3,000 250.00 2,500 $ 750.00 $ 7,500.00 $ 225.00 $ 2,250.00 $ 850.00 $ 8,500.00 e1x0i’s1ti2n’g Handicap Ramps tL Ft. 130 $ 150.00 19,500.00 80.00 10,400.00 $ 40.00 $ 5,200.00 $ 27.00 $ 3,510.00 $ 10.70 $ 1,391.00 New Handicap Ramps L Ft. 45 $ 300.00 13,500.00 90.00 4,050.00 $ 55.00 $ 2,475.00 $ 30.00 $ 1,350.00 $ 15.70 $ 7 06.50 R.O.W. Survey (to establish ½ bl 20 $ 595.00 11,900.00 500.00 10,000.00 $ 500.00 $ 10,000.00 $ 140.00 $ 2,800.00 $ 245.00 $ 4,900.00 4” Thictk 4li’ wid)e Flag L Ft. 29.25 17,550.00 29.50 17,700.00 10.00 6,000.00 17.00 10,200.00 8.60 5,160.00 R6” Thickl /4D’ iwide Fll/aIg t ll L Ft. 150 $ 33.70 5,055 30.50 4,575.00 $ 15.00 $ 2,250.00 $ 24.80 $ 3,720.00 $ 12.80 $ 1,920.00 CRurb Cult/sD (iinc. rels/Itorat tilol n) 510 $ 35.00 17,850.00 50.00 25,500.00 $ 30.00 $ 15,300.00 $ 15.00 $ 7,650.00 $ 14.80 $ 7,548.00 4” Thick 5’ wide Flag EL Fth. 5,100 $ 38.40 195,840.00 31.50 160,650.00 $ 75.00 $ 382,500.00 $ 22.75 $ 116,025.00 $ 10.60 $ 54,060.00 R6” Thickl /5D’ iwide Fll/aIg t ll L Ft. 3,000 $ 39.20 117,600.00 37.50 112,500.00 $ 90.00 $ 270,000.00 $ 28.25 $ 84,750.00 $ 16.00 $ 48,000.00 R4” Thickl /6D’ iwide Fll/aIg t ll L Ft. 200 $ 43.55 8,710.00 37.50 7,500.00 $ 90.00 $ 18,000.00 $ 26.00 $ 5,200.00 $ 13.00 $ 2,600.00 R6” Thickl /6D’ iwide Fll/aIg t ll L Ft. 150 $ 46.90 7,035.00 45.00 6,750.00 $ 110.00 $ 16,500.00 $ 32.00 $ 4,800.00 $ 19.50 $ 2,925.00 RRelocatiol/Dn iFencel/I t ll L Ft. 50 $ 25.00 1,250.00 20.00 1,000.00 $ 50.00 $ 2,500.00 $ 20.00 $ 1,000.00 $ 24.00 $ 1,200.00 igation Parts Sch. 40 PVC Pip Pipe/Li 1,000 $ 11.40 11,400.00 10.00 10,000.00 $ 10.00 $ 10,000.00 $ 8.00 $ 8,000.00 $ 2.30 $ 2,300.00 Ft 100 $ 22.20 2,220.00 20.00 2,000.00 $ 30.00 $ 3,000.00 $ 40.00 $ 4,000.00 $ 10.00 $ 1,000.00 Compaction Test REacihb i 50 $ 195.00 9,750.00 200.00 10,000.00 $ 100.00 $ 5,000.00 $ 115.00 $ 5,750.00 $ 90.00 $ 4,500.00 Raise Utilities Access Each 50 $ 200.00 10,000.00 300.00 15,000.00 $ 375.00 $ 18,750.00 $ 250.00 $ 12,500.00 $ 80.00 $ 4,000.00 TOTAL $1,974,677.50 $2,026,535.00 $ 3,063,095.00 $ 1,319,240.00 $ 875,839.50 Page 88 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A Sponsor Name Mayor Shirley Gibson Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CREATION OF A MASTER PLAN FOR SUNSHINE STATE INTERNATIONAL PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In July 26, 2006 via Ordinance No. 2006‐21‐102 City Council adopted the Comprehensive Development Master Plan. The plan, which included the future land use element, specified one of its goals goals as the revitalization and redevelopment the City’s major commercial‐industrial corridors with higher intensity and density mixed use development. The CDMP further identifies the Sunshine State International Park as a commerce designation and a prime location for commercial and industrial development. Large retail uses should be added/redeveloped based on excellent visibility and access from the Palmetto Expressway. However, no specific redevelopment strategy for th is area is outlined in the CDMP. The draft version of the City’s current 5‐year Strategic Plan lists “the redevelopment of the industrial parks” including improvements in infrastructure, landscaping and streetscapes, as a major economic development objective for the City. City Staff, along with the Mayor have had several informal ITEM J-5) CONSENT AGENDA RESOLUTION Sunshine State International Park Page 89 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 conversations with various individuals relative to the potential for redevelopment of this area. However, specific direction has yet to be taken relative to this matter. Current Situation In order to achieve the desired outcome for the Sunshine State International Park, it has been determined that a redevelopment master plan is needed. The creation of a master plan would establish the overall vision for the area, and assist staff in preparing future provisions towards that goal (i.e. funding, establishing project scopes and phases, estimation of construction timelines, etc.) The redevelopment of the area will require a collaborative effort between public/private partnerships towards the revitalization of this underutilized industrial park. Ultimately, it is the City’s vision to create a vibrant industrial park that provides a diverse, user‐friendly environment for residents, businesses, workers and visitors. A redeveloped industrial park will enhance the quality of life in Miami Gardens by creating an active, spirited neighborhood and cultural destination for the city, its residents, and visitors. The Park represents the most significant example of wholesale/industrial Miami Modern architecture, a significant part of the City’s identity. The attached resolution seeks the City Council’s approval to authorize the City Manager to undertake any and all efforts to develop a master plan for the Sunshine State International Park, inclusive of the option of contracting with the necessary entitites to guide the City through this process and arrive at a conceptual document that will guide redevelopment efforts going forward. If it is determined that we would contract with an outside entity, the anticipated costs for the development of such a plan range from $150k‐$250k. Because this anticipated amount exceeds the City Manager’s authority, the services would be solicited through a formal RFP/RFQ process and the proposed contract for said services will be brought back at the appropriate time for City Council approval. Proposed Action: The Mayor recommends the City Council approval of the attached resolution authorizing the City Manager to develop a master plan for the Sunshine State International Park. Attachment: Page 90 of 174 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CREATION OF A MASTER PLAN FOR SUNSHINE STATE INTERNATIONAL PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 26, 2006, the City Council adopted the City’s Comprehensive Development Master Plan, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Plan includes the future land use elements, specified certain goals and redevelopment of the City’s major commercial/industrial corridors, and identifies the Sunshine State International Park as a commerce designation and a prime location for commercial and industrial development, and WHEREAS, the draft version of the City’s 5-year Strategic Plan lists the redevelopment of the industrial parks as a major economic development objective for the City, and WHEREAS, the future development of Sunshine State International Park is critical in the the City’s future economic redevelopment goals, and WHEREAS, City staff is recommending that the City Council authorize the City Manager and his staff to take all necessary steps to create a master plan for Sunshine State International Park, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 91 of 174 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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and his staff to take any and all steps necessary in order to create a master plan for Sunshine State International Park. 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 JUNE 24, 2009. _______________________________ __ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: MAYOR SHIRLEY GIBSON MOVED BY:_____________________ VOTE: _____ 48 Mayor Shirley Gibson (Yes) ___(No) 49 Vice Mayor Barbara Watson (Yes) ___(No) 50 Councilman Melvin L. Bratton (Yes) ___(No) 51 Councilman Aaron Campbell (Yes) ___(No) 52 Councilman Oliver Gilbert, III (Yes) ___(No) Page 92 of 174 53 Councilwoman Sharon Pritchett (Yes) ___(No) 54 Councilman André Williams (Yes) ___(No) 55 56 57 SKD/teh 8502297_1.DOC Page 93 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 2009 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: (Enter Fund & De ond Iss pt) Ex: B ue 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: As City Council knows, the City does not have a dedicated Senior Center for recreational activities for this segment of our population. It has been recommended by the City’s Senior Advisory Committee on several occasions. The City Manager has proposed to purchase certain property known as the Archdiocese Property to fulfill this need. 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 and, because of his familiarity with our issues; it is recommended that we again retain his services. The price is not to exceed $15,000. 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-6) CONSENT AGENDA RESOLUTION Bond Counsel Agreement Page 94 of 174 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 FOUR MILLION DOLLAR ($4,000,000.00) 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 Four Million Dollar ($4,000,000.00) land acquisition and improvements bond, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 four Million Dollar ($4,000,000.00) equipment bond financing project, and WHEREAS, the fees for this service will range between 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 Page 95 of 174 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 of Miami Gardens and Jeffrey D. DeCarlo of Adorno & Yoss for bond counsel services relating to that certain Four Million Dollar ($4,000,000.00) 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 June 24, 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 174 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: Bond Counsel Proposal -City of Miami Gardens, Florida $4,000,000 Senior Center Financing Dear Danny: Thank you for the opportunity to continue to represent the City of Miami Gardens, Florida (the “City”) as bond counsel on the upcoming bond financing (the “Bonds”). 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 (such as a loan agreement) 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 opinions of counsel, including tax documents, 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. {M1826075_1} Page 97 of 174 Danny O. Crew City of Miami Gardens June 12, 2009 Page 2 Subject to the completion of proceedings to our satisfaction, we will render our opinion 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; 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; 5. The interest paid on the Bonds is excluded from gross income for federal income tax purposes and is exempt from Florida taxes (subject to certain limitations which may be expressed in the opinion); and 6. In the case of “bank-qualified Bonds,” Bonds,” the Bonds are “qualified taxexempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code. 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 various tax 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. We understand that the Bonds will be sold in a private placement to a bank, and that the security will be the [communication service tax and the local government half-cent sales tax] Based on these assumptions, our fees will be (i) $15,000 if we are preparing all bond documents or (ii) $7,500 if bank’s counsel prepares the documents and we review them, plus, in either case, our out-of-pocket expenses. The fee is 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 a financing, the financing is not consummated or is completed without the {M1826075_1} Page 98 of 174 Danny O. Crew City of Miami Gardens June 12, 2009 Page 3 {M1826075_1} rendition of our opinion as bond counsel, we will expect to be compensated at our standard hourly rates for time actually spent, plus out-of-pocket expenses. 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: Page 99 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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: Energy Efficiency and servatio lock rant (EE G) Con G n B CB Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO APPLY FOR AND RECEIVE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS THROUGH THE OFFICE OF WEATHERIZATION AND INTERGOVERNMENTAL PROGRAMS IN THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY OF THE U.S. DEPARTMENT OF ENERGY IN THE AMOUNT OF $989,200; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The American Recovery and Reinvestment Act of 2009, Public Law 111‐5 signed by President Obama on February 17, 2009, appropriated $3.2 billion for the Energy Efficiency and Conservation Block Grant (EECBG) Program. The Program was authorized in Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), and signed into Public Law (PL 110‐140) on December 19, 2007. The EECBG Program is administered by the Office of Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy (DOE). The Program represents a Presidential priority to deploy the cheapest, cleanest, and fastest energy sources. ITEM J-7) CONSENT AGENDA RESOLUTION Energy Efficiency and Conservation Block Grant Funds Page 100 of 174 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 EECBG ‐Page 2 of 2 The Program provides federal grants to units of local government, Indian tribes, states, and territories to reduce energy use and fossil fuel emissions, and for improvements in energy efficiency. The purpose of the program is to assist eligible entities in implementing strategies and programs to reduce fossil fuel emissions created as a result of activities within the jurisdictions in a manner that is environmentally sustainable; and to the extent practicable, maximizes benefits for local and regional communities; reduce the total energy use of the eligible entities; improve energy efficiency in the transportation sector; the building sector; and other appropriate sectors. Additionally, the program will further economic growth through job creation and/or retention. Current Situation The City of Miami Gardens is eligible to receive $989,200 in funding for the implementation of energy efficiency and conservation programs. programs. At the May 13, 2009 Council meeting the City Staff presented the proposed activities for the EECBG funding allocation as follows: • The development of an Energy Efficiency and Conservation Strategy (EECS). • Design and construction of alternate fueling facility infrastructure to include bio‐diesel, E‐85, CNG, and Electric Plug‐in. • Residential and Commercial Building Energy Audits • Energy Efficiency and Conservation Programs for Buildings and Facilities o Conversion of sports lighting at city parks o Conversion of lighting at community center o Addition of solar array from alternate building energy supply at City facilities. • Performing Energy Efficiency Retrofits o City fleet vehicle retrofits • Any Other Appropriate Activity that meets the purposes of the program and is approved by DOE o Purchase of Hybrid vehicles Additionally, a public workshop was held on May 14, 2009 to discuss the City’s proposed EECBG program and obtain input from industry professionals and stakeholders on the activities. In order to be awarded funds from the EECBG Council must support a resolution authorizing the City Manager to apply for said grant. The attached resolution provides such an authorization. Recommendation: Staff recommends approval of the proposed resolution authorizing the City Manager to sign the application to the Office of Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy (DOE) for the EECBG funding. Attachment: • EECBG Program Outline Page 101 of 174 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 RESOLUTION No. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO APPLY FOR AND RECEIVE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS THROUGH THE OFFICE OF WEATHERIZATION AND INTERGOVERNMENTAL PROGRAMS IN THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY OF THE U.S. DEPARTMENT OF ENERGY IN THE AMOUNT OF $989,200; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City staff is recommending that the City Council authorize the City Manager to apply for and receive an Energy Efficiency and Conservation Block Grant issued through the Office of Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy in the amount of $989,200, and WHEREAS, it is anticipated that the City will use the grant to implement strategies and programs to reduce fossil fuel emissions created as a result of activities within the City, and WHEREAS, the City Council would like to authorize the City Manager to take any and all steps necessary to apply for the grant, 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 apply for and take any and all steps necessary to receive the Energy Efficiency and Conservation Block Grant from the Office of Weatherization and Page 102 of 174 Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy in the amount of $989,200. 1 2 3 4 5 6 7 8 9 10 11 12 Section 3. EFFECTIVE DATE: This Resolution shall take effective immediately upon final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 24, 2009. __________________________________ SHIRLEY GIBSON, MAYOR ATTEST: 13 14 15 16 17 18 19 20 21 22 RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: SECONDED BY: VOTE: 23 Mayor Shirley Gibson (Yes) (No) 24 Vice Mayor Barbara 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 Page 103 of 174 City of Miami Gardens Energy Efficiency and Conservation Block Grant Program Program Outline Background: The American Recovery and Reinvestment Act of 2009, Public Law 111‐5 signed by President Obama on February 17, 2009, appropriated $3.2 billion for the Energy Efficiency and Conservation Block Grant (EECBG) Program. The Program was authorized in Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), and signed into Public Law (PL 110‐ 140) on December 19, 2007. The EECBG Program represents a Presidential priority to deploy the cheapest, cleanest, and fastest energy sources. The EECBG Program is administered by the Office of Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy (DOE). It is modeled after the Community Development Block Grant Program administered by the Department of Housing and Urban Development (HUD). The Program provides federal grants to units of local government, Indian tribes, states, and territories to reduce energy use and fossil fuel emissions, and for improvements in energy efficiency. Purpose: The purpose of the program is to assist eligible entities in implementing strategies to: • reduce fossil fuel emissions created as a result of activities within the jurisdictions in a manner that is environmentally sustainable; and to the extent practicable, maximizes benefits for local and regional communities; • reduce the total energy use of the eligible entities; • improve energy efficiency in the transportation sector; the building sector; and other appropriate sectors. Additional purposes of the EECBG Program are to spur economic growth and create and/or retain jobs. Eligible Uses: Funds can be used community wide, not only for government owned facilities and infrastructure. The following activities are eligible: • Development of an Energy Efficiency and Conservation Strategy and Technical Consultant Services to assist in the development of such a strategy. • Residential and Commercial Building Energy Audits. Page 104 of 174 City of Miami Gardens EECBG Program • Financial Incentive Programs and Mechanisms for energy efficiency improvements such as energy savings performance contracting, on‐bill financing, and revolving loan funds. • Grants to nonprofit organizations and governmental agencies for the purpose of performing Energy Efficiency Retrofits. • Energy Efficiency and Conservation Programs for Buildings and Facilities. • Development and Implementation of Transportation Programs to conserve energy. • Building Codes and Inspections to promote building energy efficiency. • Energy Distribution Technologies that significantly increase energy efficiency, including distributed resources, combined heat and power, and district heating and cooling systems. • Material Conservation Programs including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency. • Reduction and Capture of Methane and Greenhouse Gases generated by landfills or similar waste‐related sources. • Energy efficient Traffic Signals and Street Lighting. • Renewable Energy Technologies on Government Buildings. City of Miami Gardens Proposed EECBG Program The City of Miami Gardens is eligible to receive $989,200 in funding for the implementation of energy efficiency and conservation programs. For the purpose of discussion, the proposed activities for the City of Miami Gardens utilizing EECBG funds include but are not limited to: • Development of an Energy Efficiency and Conservation Strategy (EECS) • Design and construction of alternate fueling facility infrastructure to include bio‐diesel, E‐85, CNG, and Electric Plug‐in. • Residential and Commercial Building Energy Audits • Energy Efficiency and Conservation Programs for Buildings and Facilities o Conversion of sports lighting at city parks o Conversion of lighting at community center o Addition of solar array from alternate building energy supply at City facilities. • Performing Energy Efficiency Retrofits o City fleet vehicle retrofits • Any Other Appropriate Appropriate Activity that meets the purposes of the program and is approved by DOE o Purchase of Hybrid vehicles Page 2 of 3 Page 105 of 174 City of Miami Gardens EECBG Program Page 3 of 3 Program Timeline: The application to DOE on June 25, 2009. The EECBG program has a 36‐month grant period from the date of the award. Funds are required to be obligated with eighteen (18) months from the effective date of the award. The Energy Efficiency and Conservation Strategy (EECS) must be submitted no later than 120 days after the effective date of the award. A workshop is scheduled for May 14, 2009 from 3:00 to 5:00 p.m. at the Miami Gardens City Hall in the Council Chambers to discuss the EECBG program. The purpose of the workshop is to obtain input from industry professionals and stakeholders on the proposed activities. Page 106 of 174 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 24, 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 xx Public Hearing: (Enter X in box) Yes No Yes No 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 n/a Sponsor Name Danny Crew, City Manager Department: n/a Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE TAXEXEMPT BONDS FOR VARIOUS MUNICIPAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: This resolution is required by the I.R.S. to allow us to reimburse the appropriate city Fund for any expenditure made after the adoption of this resolution but before a bond is issued. This resolution is valid for eighteen months and constitutes no obligation on behalf of the City. This is the third of these we have executed since we became a City. Recommendation: RECOMMENDATION: To adopt the bond reimbursement resolution. Attachment: None ITEM K-1) RESOLUTION Tax-Exempt Bonds Page 107 of 174 Page 1 8519270.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE TAX-EXEMPT BONDS FOR VARIOUS MUNICIPAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Miami Gardens intends to issue taxexempt bonds (the "Bonds") for various municipal purpose, including land purchases, equipment acquisition or any other valid municipal purpose, (the "Projects"), and WHEREAS, a portion of the costs of the Projects may be paid before the Bonds are issued in anticipation of the reimbursement of such expenditures from proceeds of the Bonds, and WHEREAS, Section 1.150-2 of the Federal income tax regulations requires the City to officially declare its intent to use proceeds of the Bonds to reimburse expenditures paid prior to issuance thereof as a prerequisite to the proceeds being treated as used for reimbursement purposes, and WHEREAS, it is not anticipated that the bonds will be general obligation bonds, 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 Page 108 of 174 Page 2 Resolution No. 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. EXPRESSION OF INTENT: The City Council intends to issue tax exempt Bonds to finance the costs of performing various municipal services, including land purchases, equipment acquisition or any other valid municipal purpose. This Resolution is adopted solely for the purposes of complying with the requirements of the Code of Federal Regulations, Title 26, §1.150-2 and no Bonds are being issued hereby. Section 3. PUBLIC INSPECTION: This Resolution shall be made available for public inspection at the main administrative office of the City or at the customary location of records of the City that are available to the general public no later than thirty (30) days after the date hereof, and shall remain available on a reasonable basis until the date of issue of the Bonds. 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 JUNE 24, 2009. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________________________ RONETTA TAYLOR, CMC, CITY CLERK Prepared by: DANNY CREW, CITY MANAGER Reviewed by: SONJA K. DICKENS, City Attorney 45 SPONSORED BY: DANNY O. CREW, CITY MANAGER Page 109 of 174 Page 3 Resolution No. 46 47 MOVED BY: ______________________ 48 49 SECONDED BY: __________________________ 50 VOTE: __ 51 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 Andre' Williams _ (Yes) _ _(No) 57 Councilwoman Sharon Pritchett _ (Yes) (No) 58 Councilman Oliver Gilbert _ (Yes) (No) 59 60 61 62 63 8519270.1 Page 110 of 174 City of Miami Gardens 1515-200 NW 167th Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Andre Williams Councilwoman Sharon Pritchett Councilwoman Oliver Gilbert III MEMORANDUM To: Mayor & City Council From: Danny O. Crew, City Manager Date: June 14, 2009 Re: Property option -Archdiocese of Miami __________________________________________________________________________ As identified in the recently identified in the approved Land Acquisition Plan, I have been looking at potential properties for a future City needs. The current market is extremely favorable for property purchase. During this process, I became aware of a piece of property for sale that I believe, would make a significant addition to the City Parks and Recreation inventory. I have pursued this possibility and was able to secure an option to purchase the property in question. One of the biggest complaints that staff hears regarding the City’s parks and recreation program is the lack of a dedicated Senior Center in addition to a general shortage of park land. I believe I have found a piece of property that accomplishes the first and complements the latter. The Archdiocese of Miami is selling surplus church land. Among the parcels is a 14 acre piece of land at the Northwest corner of NW 183rd Street and NW 12th Avenue. The price for the land is $3.6 million. This equates to approximately $250,00 per acre (Significantly less that the $400,000 per acre we paid for the parcel Rolling Oaks parcel we purchased in 2005). In addition to 14 acres of land, the property contains 5 structures, including a 12,000 square foot building that can be renovated to a Senior Center. The other structures can be used for City storage and or perhaps rented to local non-profits needing space. The land would be ideal for a passive park or botanical garden to put the ‘gardens’ in Miami Gardens. Miami Gardens currently has only about 1 acre of park land for each 1,000 residents. This is far below the National Parks and Recreation Association’s recommended 10 acres per 1000 residents. ITEM K-2) RESOLUTION Purchase Agreement w/The Archdiocese of Miami Page 111 of 174 2 Pursuant to the authority granted at the City Council meeting held on October 25, 2005, and the provisions of the City’s Purchasing Ordinance, I have secured an Option on the property. This resolution will accept that offer. I have completed the necessary appraisals and environment review. The purchase will require that City Council approve the appropriate bond ordinance and resolution at your July Council meetings. Closing would be in August. With the growth that Miami Gardens has and is experiencing, and the general lack of potential park sites, I believe that City Council should move to acquire this property. Page 112 of 174 Page 113 of 174 Page 114 of 174 Resolution No. __________ RESOLUTION No. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AGREEING TO PURCHASE THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO FROM THE ARCHDIOCESE OF MIAMI, FOR THE SUM OF $3,600,000.00; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE, A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE ARCHDIOCESE; PROVIDING IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A,” FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated with the Archdiocese of Miami to purchase a 14 acre piece of property generally located at the Northwest corner of NW 183rd Street and NW 12th Avenue, in the City of Miami Gardens, and WHEREAS, the proposed property will be used for a senior center and park, and WHEREAS, funding for the purchase will be taken from public facility bonds to be issued by the City Council in July 2009, and WHEREAS, it is expected, that the transaction will close in August 2009; 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 purchase of that certain property described in Exhibit "A" attached hereto from the Archdiocese of Miami, in the amount of $3,600,000.00, and authorizes the City Attorney and City Manager to negotiate and execute a Purchase and Sale Agreement in substantial form as that Agreement attached hereto as exhibit “A” Page 115 of 174 Resolution No. __________ attached hereto, and to take whatever steps are necessary and appropriate to close on the transaction. 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 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 MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Barbara Watson (Yes) ___(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Aaron Campbell (Yes) ___(No) Councilman André Williams (Yes) ___(No) Councilwoman Sharon Pritchett (Yes) ___(No) Councilwoman Oliver Gilbert III (Yes) ___(No) SKD/teh Page 116 of 174 Page 117 of 174 Page 118 of 174 Page 119 of 174 Page 120 of 174 Page 121 of 174 Page 122 of 174 Page 123 of 174 Page 124 of 174 Page 125 of 174 Page 126 of 174 Page 127 of 174 Page 128 of 174 Page 129 of 174 Page 130 of 174 Page 131 of 174 Page 132 of 174 Page 133 of 174 Staff Monthly Report May 2009 CITY MANAGER • Met with Red Camera representatives to push for more installations. • Attended the NBC Nightly News documentary party at The Mahogany Grille. • Met with potential producers of the 2010 Jazz in the Gardens. • Prepared a future Land Acquisition Plan that identifies various property needs of the City in conjunction with the CIP and Comp Plan. • Prepared bond issue RFP for financing possible City land purchases. • Met with the President and CFO of Taurus Industries on their site plan for expansion of their facilities in Miami Gardens. • Met with Branding Campaign vendor on the City future. • Interviewed candidate for Finance Director. Made tentative offer. • Prepared and had printed an informational flyer for residential code enforcement.. • Attended closing on several foreclosures that the City is buying. • Attended the City’s 1st Trashion Show in Council Chambers. • Met with representatives of St. Thomas University concerning building fees. • Attended the City’s Hurricane Expo at Wal-Mart. • Attended the Code Enforcement’s annual picnic at Audrey King Park. PUBLIC WORKS (Tom Ruiz) 1. Staff continues to maintain east and west sound walls since obtaining from Turnpike Enterprise. 2. Staff continues to clean and maintain bus bench areas throughout the City, which at times warrant changing old and worn out containers. 3. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. ITEM L-1) REPORTS Manager Monthly Reports Page 134 of 174 4. Staff continues to trim and prune trees citywide, especially viewing obstructions at intersections. 5. We are working towards cleaning and vacuuming all storm basins and drainpipe city wide. At times we have repairs that warrant excavation due to sinkholes. This type of repair is very successful as well as effective. 6. Continue to perform irrigation maintenance repair on 441 and NW 27th Avenue. 7. Public Works issued 26 permits of which: 1 Paving & Drainage, 13 Driveways & Sidewalks, 0 Banner, and 12 Utilities. 8. Straightline Engineering continues working on the stormwater project in the industrial area which spans from NW 47 Avenue to NW 57 Avenue and from NW 159 Street to NW 165 Street. The installation of catch basins and pipes is 80 % completed. The contractor started to work on driveways and road restoration. 9. On June 7, 2009, Staff met with Traffic Engineers from Miami Dade County Public Works Department to go over the 60% design plans for NW 7 Avenue project. The City consultant will be revising some traffic elements and resubmit plans for another review. 10. On June 3, 2009, Staff met with Craven and Thompson to provide proposal for engineering services for projects funded thru the FDOT stimulus package. The engineering services will include preparation of resurfacing and sidewalk plans, calculation for pavement design, shallow borings to determine existing asphalt, base and subgrade thickness and LBR values. These services are necessary to be able to satisfy LAP (Local Agency Program) requirements and be able to have the projects approved by FDOT prior construction bid process. 11. Landscaping project on NW 183 Street Landscaping project on NW 183 ST. Contractor has clear and grubbed entire project. All rough irrigation has been completed. All shade trees have been planted. 12. The new Public Works building renovations is scheduled to be completed June 29, 2009. 13. On May 18, 2009, staff met with Calder Casino Project on stormwater and flooding issues in their parking lot. Basically, they will will only be addressing the parking lot area that is going to be impacted by the Casino; however, there is a problem with the overall flooding on the parking lot and some of the stormwater draining into the NW 27 Avenue canal without being treated. The Calder staff will have a consultant that will monitor the parking lot flooding and provide the City with an annual report of the affected area. In addition, the City will monitor the parking lot asphalt that has a few years of life left due to the existing conditions. 1Page 135 of 174 14. On May 19, 2009 the Miami Dade County Commissioners approved the application of the Transit Stimulus to be sent to the federal government. 15. On May 19, 2009, the Director met with the Andover Safe Neighborhood District to give them a run down on Public Works Projects and other pertinent information. 16. On May 20, 2009, the Director taught City staff on the Incident Command System and the National Incident Management System (ICS100, 200, and 700) in the Council Chambers. Next ICS training will be held June 16, 2009. 17. On May 28, 2009, staff met with FDOT for the Road Stimulus. We went over the bidding package with the LAP Requirements. 18. On June 2, 2009, the Director and City Engineer assessed the City for bus shelters with ridership information for the Transit Stimulus. 19. On June 4 and 5, 2009, the City along with each department simulated a hurricane approaching Florida and us being in the cone. 20. Staff attended the Development Review Committee Meeting on June 4, 2009 for the dormitories at Florida Memorial University. 21. On June 10, 2009, Jay Marder and Tom Ruiz met with Miami Dade Transit of their future plans and the decrease of bus frequency through the City. 22. The Director attended the Homeland Security/FEMA Seminar at St. Thomas University. This meeting was a panel discussion of preparedness in terrorism and hurricane incidents. (FPL, Hurricane Center, Homeland Security, Broward County EOC, etc were part of the panel) KEEP MIAMI GARDENS BEAUTIFUL Applied for U&CFG • $15,000 Earth Day Art Competition • Trashion Show -completed Great American Clean up • UPS-over 200 volunteers coming out to participate Mayor Gibson’s Cameroon Project • Professional exchange program with the City of Kumba, Cameroon Landscape Maintenance • 441-North entrance sign on 441 has been entirely planted out with drought resistant shrubs. The next two median are currently being filled with bougainvillea, green island ficus and variegated aboricolas. 2Page 136 of 174 • Plants that were destroyed by cars have been replaced throughout NW 27 Avenue. Dead and dying gold mound plants are systematically being replaced throughout 27 Ave. Donated Trees • 220 large trees (mahogany and live oaks) have been donated to the city by Medallion Tree Farm • Planting scheduled to begin in a week Installation of water features on NW 27 Avenue and 215 Avenue • Coordinating with Miami-Dade county, Calder Race Course and Dolphin Stadium • Submitted-Requesting $50,000-$55,000-Designing phase Miami-Dade CIAB • Appling for $75,000 funding for 18rd Street Project CIAB Presentation • Completed Mayor’s speech and visual aids for CIAB presentation –successful WaterSIP Grant • Applied for $30,000 for drip irrigation system Community Beautification projects • Ongoing • 2 major community projects completed this month Myrtle Grove Elem. School beautification project/with City Year organization • Completed Miami Gardens Elem.-Butterfly Garden Project • Completed Tankless Water Heater Program • Finding funding opportunities FINANCE DEPARTMENT (William Alonso, Director) 1) Completed the May 2009 monthly budget reports for the new fiscal year, it has been posted on the city’s website and will be presented to Council during the next meeting on May 27, 2009. 2) Attended a meeting on Friday June 5, 2009 at the County building downtown in order to address any questions municipalities may have regarding the new tax assessments which will be received on June 1. 3) Prepared the first draft of the budget for the City Manager’s review. 3Page 137 of 174 HUMAN RESOURCES (Taren Kinglee) Staff attended the Incident Command System training and exercises for hurricane preparedness Staff attended a training session given by the EEOC which provided technical assistance on responding to complaints Coordinated with the Police Department the administration of the Police Sergeant promotional exam Coordinated review of safety videos on ladder safety, provided basic flagging training and a four hour course in defensive driving. Consultation with outside council through Florida League of City regarding pending litigations Participated in the City’s Eden’s User Group meeting Responded to EEOC complaint Responded to several public records request Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 692 704 403 394 507 723 626 196 140 Positions Advertised 5 9 1 4 7 8 0 1 7 Interviews Conducted 85 42 84 25 94 48 62 24 16 Pre-employ Physicals 18 11 15 15 21 11 9 53 25 Background/Reference Checks 14 17 9 10 13 8 9 71 13 New Hires 35 5 11 6 9 5 6 4 66 Workers Comp Claims 4 13 17 15 16 15 30 21 25 Exit Interviews 1 1 1 1 1 0 0 0 2 Promotions 4 0 0 8 1 0 7 0 3 4Page 138 of 174 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP • Worked with staff to advance the following projects: o MGCC sound system o Bunche Park Pool renovation o North Dade Optimist renovation o Police CSI Lab o Fueling Facility o Wachovia Site Development • Worked with staff to finalized capital improvement fund budget Police Department/School Crossing Guard • Red Light Camera Project Management • Sergeants exam process • Hurricane Preparedness Code Enforcement On going implement Micro Fiche project • Lien Amnesty Program Implementation • Initial Implementation on re: Code Automation • Business Licenses On-line payment process • Unlicensed business sweep Other • Communications Forum • UASI National Conference • Education Compact Development • Jazz in the Gardens Contract Negotiations • FY -10 Budget prep Participated in the following Meetings/Committees (outside agency meetings): • Ft. Lauderdale UASI meeting • FCCMA One Day Conference • Dixon Nursery representatives re: property use • ATS representatives re: Camera Construction POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 245 5Page 139 of 174 TOTAL HIRED TO DATE: 243 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 27 Sergeants • 149 Police Officers • 10 Community Service Aides • 16 Telecommunications Operators • 2 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Administrative Analyst • 1 Investigative Assistant • 6 Crime Scene Technicians The monthly activity for the Operations Division for the month of May 2009 is as follows: ARRESTS: • FELONY 70 • MISDEMEANOR 268 • TRAFFIC 422 • DUI 02 • WARRANT 32 TOTAL ARREST 794 CITATIONS: • MOVING 1660 • NON-MOVING 1256 • PARKING 213 TOTAL 3129 FIELD INTERVIEW CARDS 934 TOTAL CALLS RESPONDED TO 8665 6Page 140 of 174 REPORTS WRITTEN 2370 TRAFFIC CRASHES 280 The monthly activity for the Support Services Division for the month of May 2009 is as follows: Property and Evidence, Number of property items processed: 360 -Property Receipts Processed 394 -Property Receipts Rejected 11 -Property Released 152 -Property out to Lab 0 -Property to be Disposed 7 -Lab Runs to MDPD $7,505.00 -Cash Impounded 26 -Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,550 /Walkup Requests at Window 885 /Mail Logged In 394 /Fingerprints 97 /Background Checks 63 /Amount Collected At the Window $51,555.94. Number of calls received by dispatch: CAD Calls = 11,866 /Phone Calls = 13,956 /FCIC Entries = 223 /Training hours = 221.5 (2 supervisors to Conflict Management for Women Seminar=16 hrs/On the job training=156 hrs/Training meeting= 34 hrs/Ride-along 15.5) Court Liaison and Off-Duty 727 subpoenas stamped and placed in the officers’ mailboxes. 250 off duty personnel processed and entered into Eden for payroll processing. 9 off duty vendor requests processed. 96 dispositions stamped and placed in the officers’ mailboxes. Fleet, Radio and Computer Management: Nothing Significant The monthly activity for the Professional Standards Division for the month of May 2009 is as follows: • One Complaint initiated TRAINING • Classes Attended: 13 7Page 141 of 174 • Hours Taught: 1439 • Participants (Officers/Civilians): 119 Attendance at FDLE Justice, Standards and Training Commission Meeting. The monthly activity for the Investigations Division for the month of May 2009 is as follows: Arrests – Total: 354 Felonies – 138 Misdemeanor – 192 Truants Returned-63 U.S. Currency Seized – $15,150 Vehicles Recovered – 19 Vehicles Recovered Value-$341,500 Vehicles Processed-30 Property Recovered Value-$5,700 Firearms Seized – 15 Search Warrants 3 Total Cases Assigned 440 Closed 234 (+21 UNF) Rate 55.8% Scenes Processed by Crime Scene Investigations Unit-124 SPECIAL PROJECTS DIRECTOR (Brandon DeCaro) Administration • Scheduled meeting with Frank Barriga for 6/26/09 to redistribute GOB funds. Capital Improvement Projects City Hall Renovation: Close-out Phase – Jimmie Allen • Building 300 received Temporary Certificate of Occupancy (TCO) on 3/11/09 and staff moved in on 3/13/09. • Working with contractor to complete Punch List & pending items for Final CO. • Development of plan to handle the ventilation of the Electrical Room was provided to staff for negotiations with the Land Lord to proceed to make the necessary modifications to the room for the Fire Department final approval. • Awaiting response from CMG Building regarding the proposed work permit being issued. Requested extension for TCO. Demolition of Wachovia Building Site: Planning Phase – Brandan DeCaro • Purchasing Department ready to issue RFP for Demolition Contract. • Developing Schedule, planning options & preliminary estimate for site improvements for review by City Manager & Deputy Manager. • Developing alternate plan for the demolition of the building and preparation of new project estimate for the work. 8Page 142 of 174 New City Hall: Planning Phase – Jimmie/Brandan • Preliminary Program and cost estimate reviewed by CIP Director and revised. • Preliminary Program to be presented to Departments during June Directors Meeting. • Staff review and responses pending. Police Building: Close-out Phase – Jimmie Allen • The contractors have finished the punch list work and the final inspections have been completed. • Contractors close-out pending. • Negotiating with the various contractors on issues to close the project. The Building Department has not issued all Final’s as of this time. • Met with Security and Access Control Contractor to close out the work after final CO is issue from the Building Department. Working to resolve final project costs and changes. Anticipate completion in June 2009. Police CSI Lab: Design Phase 50% completed – Anthony Smith • Kick-off meeting with Police staff & A/E Team for CSI Lab Unit and the remodeling of the Sergeants Work Room held 4/08/09. • Preliminary Schedule and Estimate submitted to CIP for comments 4/13/09. • Meeting held with Police staff on 4/17/09 to review & approve schematic Floor Plans. Meeting with Police staff to review & approve Construction Doc’s on 5/20/09. • Construction Doc’s submitted to the CMG Building Department for review on 6/3/09 and to Miami-Dade DERM and Fire on 6/4/09. • Project was advertised on 6/8/09 and the anticipated bid opening is 6/30/09. • The Pre-bid Meeting is scheduled for 6/17/09. Fueling Facility & Storm Drainage: Permit Phase – Jimmie Allen • WASD and DERM review in progress. • A/E responded to the three environmental concerns from DERM. • Portion of new storm drainage system will have to be re-designed if DERM accepts A/E responses for environmental issues. • A/E has developed alternate phasing plan for review by City, which will reduce the construction cost. • Awaiting response from Miami Dade DERM on the status of the application for drainage revisions. DERM has been delinquent in their response to City. Discussed response with DERM on 5/26/09 & 6/09/09/09. Final review still pending. • Requested proposal for additional services from URS for re-design of station for alternate fuels on 6/05/09. Proposal due 6/15/09. Miami Gardens Community Center (MGCC): Construction 67% complete – Jimmie Allen 9Page 143 of 174 • New A/E has completed review & correction for Construction Documents. CD’s submitted to MG Building Department for review of revisions. CMG review completed and awaiting final review by Public Works so A/E can revise documents. • The A/E picked up comments from CMG Building and re-submitted on 6/04/09. • The revisions have been extensive and have caused delays in the construction processes. The Contractor requested Time Extension has been reviewed by A/E & staff. A preliminary analysis reveals that delay currently is approximately 90 days and counting until the building can be energized. • Change Orders for additional work & credits have reached the 10% threshold. • FPL easement documents completed. FPL raceway completed. FPL equipment on site & awaiting final cable installation. FPL was scheduled to complete underground to the site by 5/29/09. FPL still has to set transformer, pull cable and energize the transformer. This work is currently impacting the overall construction schedule. FPL account needs to to be established. • Energy to the facility anticipated end of June 2009. • Main Building – Roofing completed. Layout for interior partitions underway. Installation of pool coping is completed. • Restroom Buildings – Framing for interior partitions completed. • Fire Protection Piping currently being installed. • Track/Football field – The running track & playfield have base course installed & final running surface installation is pending. Installation of sports lighting fixtures completed. Electrification of fixtures pending FPL energizing the facility. • North & East Parking Lots and key site work underway as well as driveway entrances to the site from NW 32nd Avenue, NW 199th Street and NW 29th Court. • HVAC equipment anticipated to be delivered and set after June 18 2009. • Balance of electrical switch gear being fabricated and shipment anticipated by end of June. • Weekly Construction Progress meetings are on-going. • The final $3,000,000 of funding will be requested from the grant. • NFL Grant money for $250,000 requested. Rolling Oaks Park -four new tennis courts: Construction 50% complete – Jimmie Allen • Shop Drawings submitted and construction work is ongoing. • Paving for tennis courts has been completed. • Permits for the Tennis canopies were delayed in MG Building Department. • Installation of canopies started 6/10/09. • Construction Progress Meetings and site visits by staff are on-going. Rolling Oaks Park: Design Phase 90% completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new entrance and turn-around, new parking and overflow parking lots, fencing, and concession/restroom facility. • Met with A/E on 3/12/09 to coordinate the completion of the CD’s. • Revised CDs submitted to CIP staff for final review 4/15/09. Building Department submission is pending. • DERM -Tree removal permit approved. Plans approved for permitting. • County Fire -Plans approved for permitting 10 Page 144 of 174 • Department of Health -Plans approved for permitting. • WASD & North Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not be required. DERM approval pending. • MG Building Department submittal pending. • B. DeCaro & A. Pierre met with K&S 6/08/09 to negotiate completion of construction documents. Bunche Park & Pool: Design Phase 90% completed – Brandan DeCaro • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 to coordinate the completion of the Construction Documents. • Revised Construction Documents submitted to CIP staff for final review 4/15/09. After final review comments are addressed by A/E Building Department submittal will be scheduled. • County Fire -Plans approved for permitting. • WASD – Water & Sewer connection reviewed and approved. approved. • DERM – Review for Water & Sewer completed. Surface water permit approved. • MG Building Department submittal pending. • B. DeCaro & A. Pierre met with K&S 6/08/09 to negotiate completion of construction documents. Only 1 issue remains for completion of CD’s. Brentwood Pool: Construction Phase 98% complete – Jimmie Allen • Tennis and basketball courts resurfacing completed. • Installation of playground and vita course equipment began on 3/11/09 and completed on 4/02/09. Work was inspected and Punch List has been completed. • Sidewalk replacement and widening completed and inspected. • Installation of paved walking path for Vita Course started on 4/13/09 and the work is substantially complete. Sod is due in and continuous watering is required for the next month for the new materials to root properly and grow. • Contractors work finalized and Project Close-out pending. North Dade Optimist: Building Department/Construction for lighting 90% completed – Anthony Smith • Phase I Improvements include: Construction of new building at approximately 3,000 sq. ft. includes six restrooms, small concession/kitchenette, and storage rooms; paved parking lot with 114 spaces including drainage, irrigation and landscaping, football field & sports lighting relocation and minor landscaping; and construction of a sewer lift station. • Parks plans approved by Miami-Dade Fire. Reviewed by DERM and WASD. Additional information requested and accepted 5/08/09. Final approval pending. • Lift Station -Received approval by WASD and DERM. Plans to be submitted for review by MG Building Department. • Construction Doc’s for the Recreation Building & Lift Station submitted to the CMG Building Department for review on 5/27/09. • Sports lighting fixtures purchased by MG. 11 Page 145 of 174 • Preconstruction meeting for installation of sports lighting held on 4/22/09. • Survey performed to layout boundaries for the baseball and football fields on 5/05/09. City staff marked the fields after the boundaries were set. • Five existing light poles with fixtures were demolished on 4/28/09. Remaining existing poles were retrofitted for the new Musco light fixtures. Electrification for all lighting pending. • Underground conduit installed with modifications to the Electrical room. New panel & wiring for electrical room installed 6/8/09. Awaiting Final inspection. Norwood Park & Pool: Design started Pipe Replacement; Construction 75% completed – Pool Building Renovation – Anthony Smith • South-side tennis courts converted into 2 basketball courts with new backstops. • Tennis court resurfacing 100% complete. Fence replacement 100% complete. Staff developed Punch List on 4/21/09 and re-inspected 5/04/09, 5/28/09 & 6/02/09. • New pool equipment and furniture (i.e. lifeguard stand, ADA lift, life vests, and and shower seats) continues to be delivered. • Staff prepared estimate of probably cost for replacement of existing domestic water and pool supply and return piping. • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined. • Site visit with A/E 4/09/09 to determine scope for Piping Replacement Project. A/E proposal negotiated & accepted. PO Initiated. Design Kick-off Meeting 6/18/09. • Kick-off meeting with contractor for Pool Building Repair Project 4/09/09. • Color Sample for pool house approved by CIP. • Change request and proposal for additional work was approved 5/4/09. Repair work for the Pool Building commenced 5/14/09. Painting completed 6/05/09. MG Building Department submittal for door replacement 5/05/09. Approval pending. Miami Carol City Park: Building Permit/Construction ready to start – Brandan DeCaro • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. • Revised Water & Sewer Agreement accepted by WASD on 6/04/09. Drawings delivered to WASD 6/08/09. Final WASD & DERM approval pending. Meetings & Events: • Police CSI Lab – Pre-bid meeting at Police Building 6/17/09. • Rolling Oaks Park – Neighborhood Watch Meeting 6/18/09. • Norwood Park Pool -Construction kick-off for Pool House 4/09/09. • Norwood Park Pool – Design Kick-off for Piping replacement 6/18/09. 12 Page 146 of 174 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • “We Are Family” SCG Picnic • End of the year activities • Summer Recruitment • Exam Qualifications Training • Posted SCG Position for fall recruitment Meetings Attended: • Departmental mtg. w/DCM Farmer-• Director’s Mtg.-June 11, 2009 • Agenda Review/Staff Meeting • CTST Meeting-June 1, 2009 • SCG Staff Mtg. –May 12, 2009 Employee Incident Reports: Total: 0 Terminations: 1 Resignations: New Hires: 0 CODE ENFORCEMENT (Temp: Roderick Potter) • Site visit to Miami Gardens Police Department for vehicle equipment demonstration necessary for Code Enforcement automation project. • Took Code Enforcement Department photo for web site. • Mailed out second notices for Landlord Permit Accounts. • Met with the Owner of Dixon Nursery to discuss terms of compliance. • Completed the SOP for the Certificate of Re-Occupancy program. • Continuing efforts on the Laser fiche case files retention project. • Hosted a Landlord registration orientation for Section 8 property owners. • Obtained an updated Section 8 listing from Miami Dade County. • Provided Miami Dade County a monthly report of new businesses in the City. • Completed the mail-out of the Merchant Inventory Affidavit. • Conducted a special operation night detail at the Roman Pub. • Conducted a special operation night detail at the Roma Hotel. 13 Page 147 of 174 PERSONNEL Staff Development: • Licensing staff attended Eden training for Customer Request Module. • 2 Supervisors and 3 Code Officers received ICS 100/200/700 training. • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • Conducted general staff meeting and management staff meeting. • 3 Officers completed the defensive driver safety training. • 2 Officers attended the FABTO meeting. CODE Stats: Feb 09 Mar 09 Apr 09 May 09 Business Tax Receipt Inspections 100 254 192 73 Certificate of Use Inspections 100 226 192 73 Landlord Permit Inspections 9 122 78 129 Warning Notices Issued 414 383 89 260 Civil Violation Notices Issued 88 210 305 166 Re-Inspections 498 456 107 346 Special Master Hearings 12 7 9 22 Massey Hearings 52 29 33 41 Lien Reduction Amnesty Request Hearings 6 4 0 17 Extension Requests 26 37 14 31 Complaints Received 201 208 117 130 Proactive Cases 303 374 256 239 Cases Closed Within 30 Days 248 220 33 170 Cases Closed Within 60 Days 9 21 7 9 Cases Closed Within 90 Days 11 37 5 20 Special Operations-Code 10 186 20 15 Special Events 0 1 1 2 Illegal Signs Removed 766 701 405 486 Phone Calls Received by CEOs 220 287 114 181 Parking Tickets Issued 17 22 23 40 Lien Searches 73 99 91 116 Joint Operations-MGPD 1 7 0 3 PD Requests for CE 12 12 7 27 Storm water Postings 0 3 0 7 Abandoned Vehicles -Tagged 30 22 11 13 Abandoned Vehicles -Towed 7 5 1 2 14 Page 148 of 174 Licensing Stats *Feb *Mar *APR May New Business Tax Receipts 46 189 49 64 New Certificates of Use 38 142 33 40 New Alarm Permit Accounts 69 120 49 48 New Landlord Permit Accounts 3 831 8 81 **Business Tax Receipts Issued 113 78 **Certificates of Use Issued 91 65 **Alarm Permits Issued 22 8 **Landlord Permits Issued 16 93 Note: (*) Indicates totals are from beginning to end of month. (**) Indicates a new category added. ASSISTANT CITY MANAGER (Vernita Nelson) • Facilities --Phase Two of the Painting Project is underway. Media & Special Events, Development Services, Code Enforcement and Community Development offices have been completed. Two additional areas left. • Fleet Division – Continuing to work with staff, during time of transition, to ensure quality support service. Carlo Hollis has joined the team as the full time Administrative Assistant for this division. Interviews for the Fleet Services Manager position were held on May 26th. • Media & Events Division – Undertaking negotiations with potential producers for the Fifth Annual Jazz in the Gardens event. • Parks & Recreation Department – Working with staff and club presidents to merge optimist activities with the department’s recreation programming to create a yearround, comprehensive sports program. Continue to assist with capital improvements projects including the Miami Gardens Community Center. • Procurement Division – Worked with staff to bring several items before Council for approval. Serving on review committee for City Hall /Police Department /Public Works janitorial (evening) services. • Miami Gardens /Opa Locka Youth Violence Initiative – Working with staff to keep program moving forward until Program Director has been filled. On-going meetings with Trust staff and community partners. • Weekly Department/Division Meetings. • City Manager’s Office – Working on stimulus grant applications and assisting with FY2010 budget preparation. Attended Annual FCCMA Conference. 15 Page 149 of 174 Additional Meetings: • 5/16 – Youth Prevention Circle Training Graduation • 5/17 – Progressive Young Adults Committee Meeting • 5/20 – Incident Command System 100, 200, 700 Training • 5/21 – Judged 1st Annual Trashion Show • 5/23 – Miami Alumnae Chapter of Delta Sigma Theta Sorority Annual Cooking Gents Scholarship Event • 5/27 – City Council Meeting • 6/1 – Web Steering Committee Meeting • 6/2-Meeting with Next Level of Hope Foundation • 6/3 – Children’s Trust CEO/ED Meeting • 6/3 – US Census Complete Count Committee Council Meeting • 6/4 – Meeting with Positive Choice Youth Center • 6/5 – Hurricane Exercise Part 2 • 6/10 – City Council Meeting • 6/11 – Management (Employees) Communications Forum • 6/13 – Miami Garden Hurricane Expo • 6/13 – Code Enforcement Department’s Annual Family Fun Day MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • The City’s 5th Annual Memorial Day breakfast event was held at 8:30am on Monday, May 25th at the Smith Conference Center located on the Florida Memorial University Campus. This year’s guest speaker was from Southern Command and shared an inspiring message about the true meaning of Memorial Day. This year attendance was exceptional. Over 250 people attended (accommodations were made for 250) • The Hurricane Expo was held on Saturday, June 13, 2009 from 10am-4pm at the Dolphin stadium Wal-Mart location located on 27th Avenue in Miami Gardens. Presentations were made throughout the day by various preparedness groups including the Office of Emergency Management; Miami Gardens Police Department, WSVN Channel 7 Weather, and North Miami Beach Flood Planning. A number of vendors were on-site to provide information about hurricane preparedness, health and other hurricane planning information. Free Solar/hand cranked radios were given to the fist 100 people who attended the event. Four generators were raffled off throughout the event along with other hurricane preparedness items. Generators were donated by City and Wal-Mart. Food and venue was also donated by Wal-Mart. • Working on graphic and media campaign for the Children’s Trust anti-Violence Campaign. • Vanessa Charles, Miss Miami Gardens renounced her crown and will not be competing in the Miss Florida Pageant in July. She has been admitted to the University of Florida through the AIM summer program, creating a direct conflict 16 Page 150 of 174 with the pageant schedule. Miss Rosie Justilien, First Runner-up in the 2009 Miss Miami Gardens Scholarship Pageant, now officially owns the title of Miss Miami Gardens and will compete in the upcoming Miss Florida Pageant. For more information about Rosie Justilien and to view pictures, please visit Missmiamigardens.com • We are currently working on publishing the first issue of a community newspaper. Publishing date and distribution date is set for the end of July. Various sections have been created and articles are already being written to satisfy the sections and the space. Sections include: Merchant Feature (Deals in Miami Gardens); Did You Know (facts about the City), Celebrating Milestones); Opinion; Mayor and Councils Corner (sections written by the Mayor and Council – each member will take a turn); Calendar; Community News; Feature Story. A deadline date for articles will be sent to staff. • Coordinated a three (3) day in-market visit for the branding consultants working on the City’s branding initiative. During the visit, the consultants held one-on-one face to face interviews with at least 14 stakeholders comprised of business owners, community leaders, elected officials and educators. Focus groups were also held as well as tours of the City and of several businesses located within the City. The consultants also took to opportunity to encounter individuals in the streets and to assess their perception of Miami Gardens through conversation, interviews and group discussions. • Participated in the City’s First Annual Trashion Show as a judge. The show allowed students to explore their imaginations and create some of the most beautiful and amazing clothing wares from trash and reusable items. This is fashion fused with art at its best. • Held a watch party for the special piece about the Mayor and the City of Miami Gardens that aired on NBC’s the Nightly News with Brian Williams on Tuesday, June 9th, 2009. Event was held at Mahogany Grill. Several news articles chronicled the delight of the news piece and how well it was received by residents and elected officials in the City of Miami Gardens. The feature is archived here at the City along with eth news articles about the piece. • Events and Media staff attended training for Meltwater News, the news monitoring service we currently subscribe to. • Assisted the Aventura Marketing Council, organization member of the Super Bowl committee, with online outreach via email blast to announce volunteer opportunities with the 2010 Super Bowl. • Participated in the first director’s communication forum and staff has participated in the general staff communication forum. The Events and Media staff is being represented by Stephanie Saenz. 17 Page 151 of 174 • Participated s on the presentation panel for the 2010 Jazz in the Gardens presentations. Awaiting final decision to award contract to 2010 event producer. • Participated in the KAPOW program as a mentor throughout the 2008-2009 school-year and took the students my Norland Elementary 4th grade class for a worksite visit to Aviation Experience where they had the opportunity to meet Barrington Irving, use the flight simulators, learn to make flight plans, tour Opa-Locka Airport, and learn about careers in Aviation. The Mayor visited with the students while they were on the worksite visit and shared some wisdom with them about being leaders, good citizens and successful professionals. On May 19th, I attended the KAPOW mentor dinner-reception along with Tamilla Mullings who was an honorary member of my KAPOW team at Norland Elementary. • Attended ICS 100, 200 and 700 training. • Participated in hurricane exercises held on June 4-5th, 2009. • Coordinated Interviews for the Mayor to discuss Special Election • Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items of the sort. We are also placing advertisement and purchasing media for other departments. During the course of the past 30 days, we communicated and shared information with the press regarding: • Special Notice Election Item • Hurricane Expo • NBC 6 News Feature about Miami Gardens • Jazz in the Gardens • Town Hall Meeting PURCHASING (Pam Thompson) 1. Prepared and issued eight bids/RFPs: • Annual Contract for Wiring/Cabling Services • Purchase & Delivery of Concrete – Co-Op bid • Pre-Qualifications – Sign Contractors & Companies • Purchase & Install Ornamental Trees • Inspection & Testing Lab Services – annual contract • Financing Proposal(s) • Appraisal Services for NSP • Police Renovation – Crime Lab 2. Prepared and issued five quotations: • Demolition Services – Unsafe structures • MOROPH Trak Fingerprint • Installation Irrigation Well • Temporary Lawn Service 18 Page 152 of 174 • Install Water Main Tap 3. Preparing specifications for the following: • Printing Services – city wide • Annual Contract for Storm Drain & Canal Maintenance • Installation of Security System – City Hall • CDBG Demolition Services • LAP projects – sidewalks & resurfacing of FHWP roads • Furnish & Install Bleachers w/Press box @MGCC • Annual Contract for City Uniforms 4. Issued 148 Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue entering vendors into Bids & Quotes – bid vendors (ongoing) 10. Assist IT with preparation of vendor on-line registration 11. Updating the Procurement Web Page 12. Preparing Year End Procedures Purchases $25,000-$50,000 Date Vendor Service/Project Amount 6/10/09 South Dade Lighting ODP – lights -MGCC $178,987.30 INFORMATION TECHNOLOGY (Ronald McKenzie) o Significant Accomplishments 􀂃 Continued employee training for various Microsoft products. Training was held in Picture Manager, Excel, SharePoint, Word, Basic computing skills and PowerPoint. 􀂃 Successful set-up, tear down and participation in EOC exercise. IT is in the process of composing a document which will include, seating arrangement and important IT information pertinent to Disaster Recovery and EOC operations. 19 Page 153 of 174 􀂃 Managed transfers of cell phone accounts from City responsibility to individual user responsibility.97% of phones have been cancelled. We will list on the intranet all useable phones in surplus and open up the opportunity for employees to purchase them. 􀂃 Set up 911 email alert notification. This will allow selected individuals to receive an email immediately upon the dialing of 911 from a city IP or digital phone. The individuals on the list are Ron McKenzie, Danny Crew, Taren Kinglee, Kathy Stakermann and Chassaing Paul. 􀂃 Completed low voltage wiring for new Public Works Building. 􀂃 Ordered additional analog lines for new Public Works Building to be used for Fire alarm and fax machine. 􀂃 Ordered MFN T-1 for PD. The circuit is for the wireless AT&T aircards to be used for creating redundancy for the vehicle laptops. 􀂃 Conducted site walkthrough of PD with Crossnet paging system vendor. 􀂃 Completed and turned in signed PKIs for all IT Managers. 􀂃 Installed wireless DLS modem in IT office for alarm system, testing and failover. 􀂃 Created, digitized and posted all ICS forms for EOC. Created a directory for storing files on server which is backed up daily. Restricted rights for EOC to add and view documents but no delete them. This will stop accidental deletion of any file or incident report. 􀂃 Created and posted Procurement Survey 􀂃 Installed Barracuda web filtering server. Tested it and it seems to work fine. Will look to deploy it during the weekend of 6/20/09. 􀂃 Reconfigured all 24 EOC laptops to ensure uniformity. Loaded Adobe Acrobat Professional on all laptops to allow them to use new forms on intranet. Licenses were needed for this. The licenses have been order by Paul Miller in PD. 􀂃 Completed Folder redirect for PD. This allows all “My Document” folders and files to be stored on the city server. This increases security, allows for us to back up files and reduces chances of loosing files due to loss of computer or laptop, or failed hard drive. 20 Page 154 of 174 􀂃 IT Team is testing Windows 7, MS Server 2008 and some virtualization products, in preparation of capacity planning and creating a more efficient environment. 􀂃 Calibrated 95% of the radios in the city and PD. This will be an annual event to be performed in May in preparation for Hurricane season. 􀂃 Gathered slogans and group pictures for 98% of departments for layout of new web site (expected to be launched in September/October timeframe.) 􀂃 Ordered, received and set up low voltage wiring for newly renovated Building Department area. 􀂃 Documented and distributed instruction on performing MUPdates to pdstaff. 􀂃 Added 50 additional licenses NetMotion. 􀂃 Conducted Customer Request module training. During the week of 6/9/09/􀂃 Met with CIP, Park and Architects on AV system and Security system for MG Community Center. We have already acquired quotes for phone system, servers and switching gear needed. o Significant Issues 􀂃 Motorola laptops are breaking down at an alarming rate. Repairs last a short time as they are band-aids. We will need about 10-20 laptops to keep operation consistently up before the October. 􀂃 As we look to automate forms and clean up archived paper documents capacity storage is becoming an issue. We are working on an initiative to provide the city a storage solution and at the same time, we are working on an initiative safeguard the data via a co-location site. Cost for this solution is about $300K. I put it in the budget for next year and can limp this year, but would prefer to have as soon as we finish researching the solution and it is agreed upon. 􀂃 Working aggressively to improve EDEN experience. Most major issues have either been resolved or are being worked on for most departments. 􀂃 Having issues emailing certain websites (census.gov, etc.), working aggressively to resolve this issue. 􀂃 Receiving emails from Spam Filter saying people are trying to send emails when they are not. Sent email to all staff notifying them not to open 21 Page 155 of 174 documents from unknown sources and to delete these emails. Checking to see how to filter them out. 􀂃 Phone issues at MT Herman. Outside line is the issue. AT&T is working on the resolution. 􀂃 Although many staff members still request training, there is a major issue with attendance in the MS and computer skills class. We will put off training and conduct it bi-monthly instead of monthly. o Schedule Status 􀂃 Conducted Customer Request Training with EDEN representative on site from 6/9 thru 6/12. Looking to deploy EDEN Customer Request module by end of June. 􀂃 Looking for Asset Management System. We have successfully completed the creation of a system for PD. Most capital items at PD have been inventoried. We are now checking on the integration with EDEN and the implementation of bar coding. Will continue to improve on this process. Saving of a successful solution created in-house will be about $18000 to the city. 􀂃 Cancelling city cell phone 98% completed – will be completed by 5/22/09. o Travel Activity 􀂃 Ricardo attended Microsoft Annual Conference May ’09. 􀂃 Ron scheduled to attend FLGISA conference in July ‘09 􀂃 Tristan scheduled to go to MS Server 2008 course in Sep ’09. 􀂃 Ron, Tristan, Ricardo, Mbaxi scheduled to go to “Better Communications and Mentoring for Managers/Supervisors” course July ’09. FLEET SERVICES (Orlando Wray) • Fleet Service Representative & Administrative Assistant attended bi-weekly meeting with Assistant City Manager regarding Fleet issues and concerns. • Fleet Service Representative met regularly with Insurance Adjuster; providing access to crashed vehicles parked at the Police Department. • Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. 22 Page 156 of 174 • Performed daily and weekly inspections for all city departments’ vehicles and equipment. • Replaced spot light bulbs and missing hubcaps on Patrol cars. • Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. • Obtained estimates of crashed vehicles and forwarded to Risk Management for review. • Scheduled special maintenance services with vendors to perform repairs on large trucks and equipment for Public Works department. • Multiple vehicles from all city departments were sent out to Maroone Dodge and Maroone Ford of Miami for various warranty repairs. • Regular visits to mechanical and body shop vendors for visual vehicle repair status and updates and drop off and pick up vehicles at various locations. • Maintain spare tire inventory for Police vehicles. • Replaced spotlight bulbs and missing hubcaps on patrol cars. • Mileage reconciliation completed on fleet inventory in order to assist in vehicle scheduling to appropriate service facility. • Received invoices for body shops that performed maintenance or service on fleet inventory. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. • Collected and reviewed vehicle checklists from all departments. • Updating department vehicle inventory of registration and insurance cards in all city vehicles. • Documented mileage and contacted appropriate employees to collect missing or incomplete information. • Ordered additional Sun Passes for new city vehicles. 23 Page 157 of 174 • Ongoing update of new vehicle files to include registrations, bill of sale, and proof of extended warranty that is currently held by Assistant City Manager. PARKS & RECREATION DEPARTMENT REPORT (Kara Petty) A.J. King Park • There are twenty-two children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. This is the last KDO of the school year. • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. A.J. King King Park has reached capacity for summer camp with 60 registrants. • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • There is Chair Yoga taking place on Tuesdays from 9:30-10:45a.m. Brentwood Park • There are forty children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. This is the last KDO of the school year • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Brentwood has reached capacity for summer camp with 40 registrants. • On May 26th, the seniors attended The Chicago Musical at the Arsht Center. They had a marvelous time watching the history of dance through concert. Seniors had their final meeting on May 18, 2009. We will begin registrations for the new fiscal year in August. Buccaneer Park • There are eighteen children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. 24 Page 158 of 174 • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Buccaneer Park has reached capacity for summer camp with 60 registrants. • On May 26th, the seniors attended The Chicago Musical at the Arsht Center. They had a marvelous time watching the history of dance through concert. Seniors had their final meeting on May 29, 2009. We will begin registrations for the new fiscal year in August. • On Monday and Tuesdays from 6:00-7:30pm seniors get fit in Line Dancing. Monday through Thursday from 6:30-7:00am the seniors exercise around the park. • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. Bunche Park • There are nine children enrolled in the Shining Stars After-school program. The children are are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. • On May 26th, the seniors attended The Chicago Musical at the Arsht Center. They had a marvelous time watching the history of dance through concert. Seniors had their final meeting on May 29, 2009. We will begin registrations for the new fiscal year in August. • Bunche Optimist baseball program ended this month. Clover Leaf Park 􀂃 On May 26th, the seniors attended The Chicago Musical at the Arsht Center. They had a marvelous time watching the history of dance through concert. Seniors had their final meeting on May 27, 2009. We will begin registrations for the new fiscal year in August. Lake Lucerne Park • There are fifteen children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. 25 Page 159 of 174 • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Lake Lucerne Park has reached capacity for summer camp with 40 registrants. • There is line dancing taking place on Tuesday and Thursday nights from 6:30pm to 8:00pm until summer camp begins on June 8, 2009. Miami Carol City Park • There are twenty-six children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Miami Carol City Park has reached capacity for summer camp with 60 registrants. • Walkers exercise around the park starting 7:00a.m. Myrtle Grove Park • There are fifteen children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. • June 8th was the first day of Summer Days program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Myrtle Grove Park has reached capacity for summer camp with 80 registrants. . Norwood Park 􀂃 There are thirty-six children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. 􀂃 On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. 􀂃 June 8th was the first day of Summer Days program. The children are engaged in various activities during the week such as swimming, arts and crafts, special 26 Page 160 of 174 guests, culture, fieldtrips, chess, tennis, and much more. Norwood Park has reached capacity for summer camp with 80 registrants. 􀂃 New field lights have been installed at the North Dade site. Rolling Oaks Park • There are forty children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. • On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. • June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Rolling Oaks Park has reached capacity for summer camp with 80 registrants. • On May 26th, the seniors attended The Chicago Musical at the Arsht Center. They had a marvelous time watching the history dance through concert. Seniors are meeting every Thursday, where seniors enjoy social interaction and some recreation activities. Seniors had their final meeting on May 21, 2009. We will begin registrations for the new fiscal year in August. • The new tennis court installation continues to make progress. The tennis courts have been paved and work has begun on creating the walking path. Once completed there will be two new courts with lights. • There is line dancing taking place on Wednesday, 6:30pm until 8:00pm. Scott Park 􀂃 There are thirty-two children enrolled in the Shining Stars After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. The Shining Stars Afterschool program officially ended June 4th for the summer and will resume August 24th. 􀂃 On June 5th, participants of the Shining Stars program and others attended C.B. Smith Park for Kids Day Off. 􀂃 June 8th was the first day of the Summer Camp program. The children are engaged in various activities during the week such as swimming, arts and crafts, special guests, culture, fieldtrips, chess, tennis, and much more. Scott Park has reached capacity for summer camp with 60 registrants. 􀂃 The building was vandalized with graffiti. 􀂃 Movie in the park continues to be a success with a total of 75 participants at the May 15th Movie in the Park event. The featured showing was Seven Ponds. 􀂃 Scott Lake Optimist is having track practice Monday thru Thursday. 􀂃 Carol City Sr. High has baseball summer games at the park. 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. Vista Verde Park 27 Page 161 of 174 • Vista 4H program for school-age children is in recess until the week of August 24th. The program allows children to enhance their reading skills and obtain homework assistance • Vista Verde Summer program began June 8th. There are twenty-six children enrolled with a cap of thirty. The children are engaged in outdoor and indoor activities, swimming, chess, and field trips. • Teens Program 􀂃 There are thirty-eight teens enrolled in the Teen Leadership Academy. The teens are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. 􀂃 On June 5th teen’s day off (TDO) the teens attended a field trip to Water Rapids. 􀂃 The teens have weekly activities and workshop that is a part of their Teen Leadership tracks. Athletics • Sports Development: Flag football ended on May 30, 2009. The next sport will be Tee-Ball which begins August 29, 2009. • Tennis: City of Miami Miami Gardens Parks and Recreation is part of the Tennis in the Parks Community. This promotes tennis participation throughout the community in hopes of helping youth and adults to find an appreciation for tennis. Tennis is currently being offered in our Summer Camp program. • Saturday Tennis: City of Miami Gardens Parks and Recreation Department runs a Saturday Tennis Program for kids ages 5-12. The program is run by an experienced and former college tennis player. Kids learn the fundamental strokes, techniques, and rules of tennis. We currently have 15 participants. The program is year round. • Adult Tennis: This is a new program that began April 6, 2009 at Buccaneer Park. There are 8 participants enrolled in the program. The sessions are Monday evenings from 6:30pm-7:30pm. • Walking Club: The Walking Club currently has 43 members and we have begun meeting monthly. • Fitness and Wellness: The City of Miami Gardens has begun to promote health and wellness amongst all city employees by initiating wellness seminars and fitness classes. • Optimist: Background checks have begun. Clubs have been given the badges for individuals who passed the background tests. Recreation Staff Trainings May 21: Rec. Leader Training with Steve Person May 23: Food Service Training for recreation staff May 27: Rec. Leader Training with Steve Person May 30: Summer Orientation Training for summer staff Meetings May 15: SES Providers 28 Page 162 of 174 May 15: Photographer May 18: Department meeting with Assistant City Manager May 19: Budget Review May 19: Andover Neighborhood Watch May 19: Athletic Organizations May 19: Meeting with Vernita & Councilman Gilbert regarding Golf Camp May 19: Andover Neighborhood Crime Watch Meeting May 20-6/21: FRPA Board Retreat May 21: Agenda Review May 21: Parks and Recreation Advisory Board May 21: TLA meeting with Dr. Pickens from St. Thomas May 21: Rolling Oaks Neighborhood Crime Watch Meeting May 22: Alonzo Mourning Charities May 22: Management Team May 28: Branding Campaign May 29: MGCC Sound System June 2: Department meeting with Assistant City Manager June 2: FLYAA Board June 2: The Next Level of Hope June 3: Management Team June 3: Family Fall Festival June 4: Meeting with Optimist Club Presidents, Vernita, & Councilman Gilbert June 4: Agenda Review June 4: Capital Improvements June 4: Athletic Organizations June 5: Hurricane Preparedness June 10: Norwood Pool renovation June 10: Management Team June 11: Brentwood Park playground pre-construction June 11: Management Communication Forum meeting June 15: Volunteer coordination June 15: Department meeting with Assistant City Manager PARKS MAINTENANCE DIVISION A J King Park o 31 Janitorial visits to clean up park site o 0x Premises blown o 6 Landscaping visits o 3 Grass cut & detailed grounds o 6/2 Pruned tree limbs o 5/19 Grade clay outside of park o 5/20 Grade soil o 5/15 Inspected and troubleshot system o 5/11 Repair broken main line brake o 6/1 Repaired broken heads o 31 Trash removal 29 Page 163 of 174 Andover Park o 24 Janitorial visits to clean up park site o Grass cut & detailed grounds o 5/15,5/26 Inspected and troubleshot system o 5/27 Repaired broken wire o 6/4 Assist Public Works with repairs to the butterfly garden water fountain clock o 24 Trash removal Brentwood P & P o 19 & 29 Janitorial visits to clean up park site o 4 &1 Landscaping visits o 1 &1 Grass cut & detailed grounds o 1 & 0 Herbicide grounds o 5/15 Inspected and troubleshot system o 6/4 Stripped & Waxed (park) o 5/11,5/12,5/13,5/14 Installed water sod (pool) o 5/12 Worked on broken valve o 5/13 Replaced broken valve o 5/13 Repaired broken heads o 5/14 Reviewed irrigation plans w/Jimmy Allen o 19 & 29 Trash removal Buccaneer Park o 31 Janitorial visits to clean up park site o 2 Landscaping visits o 2 Grass cut & detailed grounds o 5/15 Inspected and troubleshot system o 31 Trash removal Bunche P&P o 19 & 32 Janitorial visits to clean up park site o 15x Premises blown o 3 & 0 Landscaping visits o 2 & 0 Herbicide grounds o 4 Grass cut & & detailed grounds o 5/15(park), 5/21(pool) Inspected and troubleshot system o 19 & 32 Trash removal Bunche – 15620 W. Bunche Park Drive o 1 Janitorial visits to clean site o 1 Landscaping visits o 1 Trash removal MGCC Acreage o 2 Landscaping visits o Grass cut & detailed grounds o 2 Trash removal 30 Page 164 of 174 City Hall (Suite 300) o 2 Janitorial visits Cloverleaf Park o 25 Janitorial visits to clean up park site o 2 Landscaping visits o 5/15 Inspected and troubleshot system o Grass cut & detailed grounds o 25 Trash removal Inspection Station o 26 Janitorial visits to clean up site o 5/11, 5/12 Performed work on lights to the rear of complex o 2 Grass cut & detailed grounds o 2 Landscaping visits o 5/13, 5/19, 5/27, 5/26 General maintenance on equipment (check oil, sharpen blades, etc.) o 26 Trash removal Jordan’s Landing o 2 Grass cut & watered grounds Lake Lucerne Park o 31 Janitorial visits to clean up park site o 1 Landscaping visit o 5/15 Inspected and troubleshot system o 1 Grass cut & watered grounds o 31 Trash removal MGPD o 0 Janitorial visits to clean up site o 0 Trash removal Miami Carol City Park o 50 Janitorial visits to clean up park site o 1x Premises blown o 2 Landscaping visits o 2 Grass cut & detailed grounds o 5/15 Inspected and troubleshot system o 6/10 Dragged Field o 5/18 Removed Bleachers o o 6/4 Repaired broken line on football field o 50 Trash removal Miami Job Corps o 19 Janitorial visits to clean up park site o 1 Landscaping visits 31 Page 165 of 174 o 1x Premises blown o 1 Grass cut & detailed grounds o 19 Trash removal Myrtle Grove P&P o 37 & 25 Janitorial visits to clean up park site o Grass cut & detailed grounds o 5/15 Inspected and troubleshot system o 5/20 Repaired broken head in valve box o 6/2 Repaired & Replaced broken head o 37 & 25 Trash removal North Dade Opt o 19 Janitorial visits to clean up park site o 1 Landscaping visits o 5/15 Inspected and troubleshot system o 1Grass cut & detailed grounds o 1x Premises blown o 19 Trash removal Norwood P&P o 38 & 25 Janitorial visits to clean up site o 5/18 Watered field o Grass cut & detailed grounds o 6/3 Removed basketball pole o 5/15, 5/18 Inspected and troubleshot system o 38 & 25 Trash removal Risco Park o 19 Janitorial visits to clean up park site o 1 Landscaping visits o 1 Grass cut & detailed grounds o 1x Premises blown o 5/19 Removed clay o 5/11,5/13,5/15,5/18,5/20,5/27,6/3,6/5,6/8,6/12 Dragged Fields o 19 Trash removal Rolling Oaks Park o 35 Janitorial visits to clean up park site o 5/15 Inspected and troubleshot system o 5/29,6/2 Stripped & Waxed o 5/28 Replaced swing o Grass cut & detailed grounds o 35 Trash removal Scott Park o 20 Janitorial visits to clean up park site o 16x Premises blown 32 Page 166 of 174 o Landscaping visits o 5/15 Inspected and troubleshot system o 5/15 Reset bleachers for Movie in the Park o 5 Grass cut & detailed grounds o 5/18,6/1 Watered baseball field o 20 Trash removal Vista Verde Park o 32 Janitorial visits to clean up park site o 1 Landscaping visits o 1 Grass cut & detailed grounds o 5/15 Inspected and troubleshot system o 32 Trash removal 201st Street and 39th Avenue o 0 Landscaping visit o 0 Trash removal 20357 NW 38th Court o 0 Landscaping visit o 0 Trash removal 183rd and 14th – 17th Avenue o 0 Landscaping visits o 0 Trash removal 5/22,5/29,6/5 All park irrigation systems checked and repaired ASSISTANT CITY MANAGER FOR BUSINESS SERVICES (Dan Rosemond) 􀂾 Red Light Camera Program-In discussions with two property owners, it appears that they have a concern entering into an agreement with a private company, as well as feeling discomfort with the terms of the agreement. Staff is discussing alternatives to broach this issue in hopes to move forward. 􀂾 Summer Youth Intern Program -The City will participate in this program for the first time and has committed to hiring 40 students, ages 18-24. The interns will be assigned to various departments and will be paid directly by South Florida Workforce. 􀂾 Housing Nuisance-A continual issue affecting the City are conditions involving Code Enforcement and Police centered around properties that have been determined as rental units. Staff is looking at creating a unit within Code that will specifically focus on addressing some of the growing concerns. 􀂾 2010 Census (Complete Count Committee) -As part of the upcoming Census, the bureau is encouraging communities to create these committees to facilitate getting the word out about the importance of being counted. Staff is working on 33 Page 167 of 174 the best structure for this but is proceeding cautiously due to the issue of funding availability and process for reimbursement. More details on this will be provided after our meeting with the Census Bureau staff. Community Development Director Tasks 􀂾 Update on Federal Grants-The City has completed the administrative process for both the Homeless Prevention and supplemental CDBG grant applications. We are currently issuing RFP’s for non-profit agencies for the Homeless Prevention Grant. 􀂾 Neighborhood Stabilization Program – Below is an update on NSP related activities: o City has purchased 5 single family homes to date; total expenditures are approximately $355,000. o Diamond Point @Miami Gardens (old Parkway Hospital); Council approved funding allocation of $1.7M but staff has asked developer to produce documentation required prior to contract execution. o The process for property transactions has been thoroughly discussed with City Attorney to ensure all aspects are covered given the unique aspects of this program. o Liz Valera has been designated as the new NSP Administrator, replacing Carmen Quinn Participated in the following meetings: 􀂾 Development Review Committee 􀂾 Aventura Marketing Council-Executive Director BUILDING DEPARTMENT (Ramon Aronte) REVENUES: Building Permits $ 168,086.39 Certificate of Occupancies (CO) 41,324.79 General Fund 342,823.00 TOTAL $ 552,234.18 EXPENDITURES $ 332,458.81 PERMIT APPLICATIONS SUBMITTED Building 256 Certificate of Occupancies 8 Demolition 3 Electrical 84 MDC Permit Closures 4 34 Page 168 of 174 Mechanical 23 Plumbing 42 TOTAL 420 INSPECTIONS Building 465 Electrical 136 Mechanical 59 Plumbing 108 TOTAL 768 U NSAFE STRUCTURES CASES: 8 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 M AJOR PROJECTS: 1. The Building Department is continuing to update information and documentation on the Website. 2. The Building Department is continuing to work alongside with the Information Technology (IT) Department to further research Electronic Plan Review for possible cost effective implementation. 3. The Building Department completed permitting process Standard Operating Procedures (SOP). Pending Management’s Approval. 4. The Building Department is creating Crystal Reports for employee performance. DEVELOPMENT SERVICES (Jay Marder) LAND DEVELOPMENT REGULATIONS -Jay Marder, Bhairvi Pandya, Cyril Saiphoo, Nixon Lebrun • Zoning Code/Land Development Regulations o Kickoff meeting held on May 21, 2009 with The Mellgren Planning Group (TMPG) o TPMG Responsibilities: Received two assessments from TMPG which are under staff review 35 Page 169 of 174 o City Staff Responsibilities: Holding bi-weekly progress meetings; Drafts of Chapters 1, 2, and 3 completed for internal review per Schedule of Responsibilities between city staff and consultant. • Multiple Family Housing Moratorium – Staff is preparing a presentation for the Zoning Meeting of July 1, 2009. A staff coordinating meeting was held June 16. A preliminary outline of the presentation is provided as follows: o Recap of December 3, 2008 subsidized housing presentation (including next steps) o Report of violent crimes in multifamily/subsidized housing units (Police) o Proposed legislation-declaring public nuisance o Proposed housing unit design standards 􀂃 Streetscape, Landscape, Tree and Buffer Requirements 􀂃 Design Criteria 􀂃 Dimensional Requirements including Minimum Living Area Requirements 􀂃 Stipulations and Maintenance Provisions o Recommended City Council action 􀂃 Nuisance resolution 􀂃 Multifamily moratorium • Sign Code o Business Incentive Program for Signage: Prepared bid package to obtain qualified Sign Contractors. Procurement is advertising. This will be a continual advertisement so that Sign Contractors can be added as they qualify. The qualified contractors will be referred to city businesses and property owners to assist them in meeting the city’s requirements from drafting the Sign Plan Application submitted to the Planning and Zoning Department to installing the signs and obtaining Building Permits for the signs from the Building Department. For qualified businesses, this will be accomplished utilizing the City’s Community Development Block Grant funding through the Economic Development program. o July 1, 2009 Zoning Meeting Discussion Item Regarding Compliance Timeframes -Window Sign provisions were required to be permitted and compliant in August 2008. Staff is reviewing this and the other timeframes for sign code compliance and will recommend revisions based on the current economic and business climate. PLANNING – Jay Marder and Bhairvi Pandya • Water Supply Facilities Amendment to Comprehensive Development Master Plan – Transmittal hearing held on June 3, 2009 by City Council. Water Plan and CDMP Amendments package transmitted to DCA on June 4, 2009. Awaiting receipt of package from DCA. • US Census –Complete Count Committee o The purpose of a Complete County Committee is to publicize the upcoming census, targeting and encouraging hard-to-count communities and individuals to fill out the census forms completely. 36 Page 170 of 174 o Staff is working with the Census’ Partnership Specialists to clarify roles and procedures, especially regarding potential funding. A meeting is scheduled for June 24, 2009. o As previously noted, staff met with the City’s Progressive Young Adult Committee (PYAC) which expressed their desire to lead the City’s efforts in this area and has formed a subcommittee to work on this. o Depending upon the Census’ response to the City’s inquiries, this project will involve outreach to community groups and interests such as businesses, churches, schools, civic organizations, non-profits, as well as the City’s established committees. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Development Review Committee o DRC presentations by Florida Memorial University for new 500 room dormitory building on existing campus site. Coordinated upcoming DRC meeting with Taurus USA for building expansion. o DRC comments response for Snake Creek Canal Phase I received from Miami-Dade County. o Intranet Site for DRC – Posted Snake Creek Canal Phase I comment response for staff response. • Public Hearings o Attend Zoning Hearing for Florida International Academy Charter School, coordinated traffic analysis and supplemental staff recommendation. o Meeting to coordinate submittal of Florida Memorial University rezoning resulting in change to a recommeded Administrative Site Plan Review submittal. o Follow-up and coordinate for submittal of application by T-Mobile for Public Hearing. Application submitted, scheduled for September Zoning Meeting. o Present Town Center Zoning District Amendment for Permitted Uses –to Council adopted changes on second reading at the June 1 Zoning Hearing meeting. Prepared amendment, attachments and advertisements. o Prepare draft staff recommendation for single family accessory structure setback for September Zoning Meeting. o Follow up with Miami-Dade County on issuance of letter for JPM Enrichment Center for determination on application validity. • Building Permits o Conducted 45 building plan reviews o Conducted 15 site inspections • Sign Code Permits: o 4 sign plan permits processing o 0 window sign permits processed o 2 Temporary sign permits processed • Special Requests o Coordinate special request for Excelsior Charter School for legal opinion on Zoning Verification letter issued. • Zoning Verification Letters o Processed 8 Zoning Verifications • Address Assignments o One (1) new Address Assignments 37 Page 171 of 174 • CRHs o Processed 6 CRH (Community Residential Home or Group Home) 1,000’ radius verification letters; in addition, sent letters to old approved applicants to determine if any action has been taken to establish a CRH in order remove from “approved” inventory of homes if no action taken. • Certificate of Uses o Reviewed 28 Certificate of Use/Occupational License Applications o Denied -0-CU applications • Plats o Process JPM Tentative Plat, coordinate review comments with City Surveyor • Code Enforcement: o Review and coordinate Rodger Bakerman, unauthorized Attorney office use for issuance of CU. o Meeting with Dixon Nursery on issue of unauthorized use and improvement with the property. o Meetings with Jeff Flanagan on David Fenton Trustee to resolve $14,000 lien and unusual use application. Follow up meeting and scheduling for Special Masters coordination. • Florida Memorial University – follow-up meeting with University group on zoning issues for construction of 500 room dormitory; meeting on construction of new dormitory on current zoned property. • Bio-Fuel Operator – meeting with a proposed bio-diesel fuel operator for Dade Corners to resolve use and approval process for Unusual Use which requires a public hearing. • Taurus USA – meeting with City Manager and Police Chief to review expansion plans for large industrial user. DRC meeting coordinated for presentation to City staff. • LuLu’s Car Wash – Respond to request for TCO prior to wall construction. Referred to Economic Development for business loan, coordinated issuance of TCO. • Ives Dairy Plaza – Met with owner’s representative to clarify Sign Plan Application status. • Property at 27th Avenue and 165th Street – Met with architect to review site plan for a potential Family Dollar Store. • Zoning Web Site Revisions Planned – Ongoing -Staff is revising the zoning portion of the department’s web site to simplify it for users, provide updated Development Review Procedure information and make it easier to find applications. EDEN • Standard Operation Procedure for Matching Addresses and Permits – Held Training -Developed SOP for entering addresses and permits; Held training with Building, Engineering/PW, and Licensing Departments. • Parcel Refresh – This is the process of updating the City’s property database with data from the Miami-Dade County Property Appraiser. Ongoing weekly meetings with IT. Fourth Bi-weekly status report forwarded to ACM. In coordination with IT support, completed Parcel Refresh import process in “Test” mode. Received over 54,710 errors. Proceeded with Purchase Order to hire services from Tyler Technologies. First draft quote received; further detailed consulting fees enquiry per City specific needs ongoing. • Eden Users Group – Attended monthly meeting 38 Page 172 of 174 • Web Extensions – Turned on permit types to view the following on line: o Zoning Verification Letters o Establishing Addresses o Window Sign Permits o Temporary Sign Permits • Customer Request (CR) Module -Held in-house demo and reviewed options; Implemented CR types which allows customers to direct inquiries. Created tabs for “Queue Group,” routing cues, actions, and custom fields, all of which create the CR type for Planning and Zoning. GIS – Bhairvi Pandya • CRH maps -Completed 1 Community Residential Home/Group Home maps with a 1,000 radius. • Parcel Database for GIS maps-Commenced re-linking permit data in the GIS database to Zoning District Map; compile FEMA flood zones. • Economic Development Map – Received and scheduled request from Community/Economic Development to prepare an interactive internet based map to refer business to properties that are for lease in the 27th Avenue Corridor. This will be based on the Economic Development Strategy map which was already prepared and identifies the city’s three main development corridors. Planned Development and Enterprise Zones will be incorporated to the map which will be available on the City’s internet site. OTHER ACTIVITIES – • Transit – Met with MD Transit regarding their reductions in various bus routes. Also reviewed bus stop and plans to consolidate certain existing stops. Compiled a summary memo with Public Works Director and presented that to the City Council on June 10 in order to inform Council prior to the June 14 implementation of the changes. • Facilitated Director’s Meeting – Participated in facilitated director/supervisor’s meeting June 11. • Miami-Dade Planners Technical Committee Meeting-Attended monthly meeting. New SB 360 was discussed in brief by South Florida Regional Planning Agency. • Web Steering Committee-Attended monthly Web Steering Committee meeting for City’s new website initiative by IT. Provided Planning and Zoning slogan, customized information request form field information, names of staff who would primarily answer customer customer queries. • Transportation Planning Council – Participated in this monthly meeting of the staff working group for the Miami Dade County Metropolitan Planning Organization which included attending a workshop on County’s Long Range Transportation Plan 2035. • Miami Secretary’s Seminar – Training attended by Administrative Assistant. 39 Page 173 of 174 40 • Branding Campaign – City Tour – Spent a day touring with city staff and consultants; prepared materials for the event including aerial with points of interest. • FAU-Sponsored Seminar – Attended education program focusing on Green/Environmental planning applications; meets continuing education requirements for American Institute of Certified Planner designation. • American Institute of Certified Planners – Nixon Lebrun, Planner, passed the AICP certification exam. Now all four of the department’s planning professionals are AICP. Page 174 of 174