HomeMy WebLinkAboutOctober 14, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: October 14, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: October
28, 2009 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Oliver G. Gilbert III Councilman Aaron Campbell Jr.
Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett 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 – September 8, 2009 D-2) Regular City Council Minutes – September 21, 2009 D-2) Special
City Council Minutes – September 21, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) October 14, 2009 Page 1 Page 1 of 214
Regular City Council Agenda October 14, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Boyd – Miami Gardens Police Department Monthly Report F-2) Liz Valera, NSP Administrator
– Report on NSP F-3) City Manager – Employee of the Month for September 2009 F-4) City Manager – 5 Year Service Pin (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 ARTICLE VI, SECTION (A), OF ORDINANCE NO. 2009-20-192, THE CITY’S FLOOD PLANE MANAGEMENT ORDINANCE TO PROVIDE THAT
THE CITY COUNCIL SHALL SERVE AS THE VARIANCE AND APPEALS BOARD TO PROVIDE FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING URINATING
AND DEFECATING IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL, INC. RELATING TO THAT CERTAIN PROPERTY LOCATED AT 2775 NORTHWEST
183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 2 of 214
Regular City Council Agenda October 14, 2009 Page 3 H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005-31,
THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH 21 TO AMEND AND MERGE THE SAME; AND RENUMBERING THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2003-11, ESTABLISHING THE OPERATING
DEPARTMENTS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) (1st
– Reading – September 21, 2009) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ATTEST,
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE ATTACHED HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH THE “COPS” PROGRAM; AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY AND ALL DOCUMENTS AND TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF TWO MILLION, TWO HUNDRED NINETY-FOUR THOUSAND, FOUR HUNDRED SEVENTY
EIGHT DOLLARS ($2,294,478.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING NATALIE E. OCE AND REGINE MONESTIME AS SPECIAL MASTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE Page 3 of 214
Regular City Council Agenda October 14, 2009 Page 4 CITY ATTORNEY) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ADMINISTRATIVE HEARING
FEE FOR NUISANCE ABATEMENT CASES; 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, EXPRESSING THE CITY COUNCIL’S DESIRE THAT NO PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE,” BE RENAMED WITHOUT THE PRIOR APPROVAL OF
THE CITY COUNCIL; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY COUNCILMAN MELVIN L. BRATTON)
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO CONDUCT A 2010 MISS MIAMI
GARDENS PAGEANT, INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA PAGEANT SCHOLARSHIP, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY COUNCILMAN MELVIN L. BRATTON) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF EIGHT HUNDRED AND ONE THOUSAND, TWO HUNDRED
AND FORTY SIX DOLLARS ($801,246.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD;
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,
ACCEPTING A GRANT IN THE AMOUNT OF ONE HUNDRED NINETY FOUR THOUSAND, SEVEN HUNDRED TWENTY DOLLARS ($194,720.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER
TO TAKE ANY AND ALL Page 4 of 214
Regular City Council Agenda October 14, 2009 Page 5 STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR LONG AND SHORT TERM DISABILITY SUPPLEMENTAL INSURANCE TO THE STANDARD
INSURANCE COMPANY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL OF MEDICAL INSURANCE COVERAGE WITH AVMED HEALTH PLANS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING SUPPLEMENTAL INSURANCE BENEFITS TO AMERICAN FAMILY
LIFE INSURANCE COMPANY OF COLUMBUS (AFLAC), THROUGH LOCAL AGENT OF RECORD KCI FINANCIAL SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING “NUNC PRO TUNC,”
WITH THE UNITED STATES MARSHAL SERVICE (USMS) FUGITIVE TASK FORCE TO ACCEPT A DONATED 2010 FORD EXPLORER, RELATED EQUIPMENT AND FUEL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FORM EASEMENT AGREEMENT TO BE UTILIZED
BY THE CITY’S AGENT, AMERICAN TRAFFIC SOLUTIONS (ATS) FOR THE INSTALLATION OF RED LIGHT CAMERAS AND EQUIPMENT, IN SUBSTANCE FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A;” PROVIDING
FOR THE ADOPTION Page 5 of 214
Regular City Council Agenda October 14, 2009 Page 6 OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND/OR RELEASE CITY CODE ENFORCEMENT LIENS ON HOMES PURCHASED BY THE CITY
FOR THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-14) A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (LETF) TO BE USED
BY THE MIAMI GARDENS POLICE DEPARTMENT COMMUNITY ENRICHMENT TEAM (CET); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-15)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD
IMPROVEMENT PROGRAM FUNDS AS THE DOLLAR-PER-DOLLAR MATCH FOR A GRANT RECEIVED THROUGH THE SAFE NEIGHBORHOOD PARKS PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF
JOSEPH L. COOK TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON
PRITCHETT) (K) RESOLUTION(S) Page 6 of 214
Regular City Council Agenda October 14, 2009 Page 7 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A MERIT INCREASE IN THE AMOUNT OF THREE (3%)
PERCENT TO RONETTA TAYLOR, THE CITY CLERK; PROVIDING FOR ADOPTION OF REPRESENTATIONS; INSTRUCTIONS TO THE CITY MANAGER; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) K-2)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING LAKE LUCERNE PARK, LOCATED AT 20701 NORTHWEST 22ND AVENUE TO “BENNETT M. LIFTER” PARK; PROVIDING FOR
INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN AARON CAMPBELL JR.) (L) REPORTS OF CITY MANAGER/CITY
ATTORNEY/CITY CLERK L-1) City Attorney – Proposed Charter Amendments (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE
PUBLIC (O) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING
BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE
WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT
www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. Page 7 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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 Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X N/A Sponsor Name City Manager Danny Crew Department: Public Works Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ARTICLE VI, SECTION (A), OF ORDINANCE NO. 2009‐20‐192, THE CITY’S FLOODPLAIN MANAGEMENT ORDINANCE TO PROVIDE THAT THE CITY COUNCIL SHALL SERVE AS THE VARIANCE
AND APPEALS BOARD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE Staff Summary: The City
of Miami Gardens joined the National Flood Insurance Program (NFIP) on June 21, 2004. Participating in the NFIP allows City residents and businesses to purchase flood insurance at reasonable
rates, and qualifies the City for federal disaster assistance and grant programs in the event of a declared disaster. Participation in the NFIP also ensures that citizens are protected
from flood damage through enforcement of flood protection standards throughout the City. On September 8, 2009, the Council approved a revised City Floodplain Management Ordinance, which
streamlined the prior County ordinance. At that time, the Zoning Appeals Board was named as the appellate board to hear variance and appeals requests from the standards of the new Ordinance.
This amendment places the authority to decide appeals and variances with the City Council, since they meet on a regular basis and can hear appeals and variance requests in a more timely
manner. ITEM H-1) ORDINANCE FIRST READING Amendin Flood Plain Ordinance Page 8 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: It is recommended that City Council approve the amendment to the Floodplain Management Ordinance,
designating itself as the Variance and Appeals Board. Attachment: Attachment A: Relevant pages of the amendment to the City of Miami Gardens Floodplain Management Ordinance. Page 9 of
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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 ORDINANCE NO. 2009____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE
VI, SECTION (A), OF ORDINANCE NO. 2009-20-192, THE CITY’S FLOOD PLANE MANAGEMENT ORDINANCE TO PROVIDE THAT THE CITY COUNCIL SHALL SERVE AS THE VARIANCE AND APPEALS BOARD; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;PROVIDING AN EFFECTIVE DATE WHEREAS, on September
8, 2009, the City of Miami Gardens adopted its Flood Plane Management Ordinance, and WHEREAS, the original Ordinance provided that the City Council would appoint members to a Variance
and Appeals Board to hear and decide appeals of final decisions of the Public Works Director or the Flood Plane Administrator, and WHEREAS, a determination has been made that it would
be most prudent for the City Council to serve as the Variance and Appeals Board, 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance.
Section 2. AMENDMENT: The Flood Plane Management Ordinance No. 2009-20-192 is hereby amended, Article VI, Section A, as follows: 29 The Mayor and each member of the City Council shall
hereby appoint a member to the designates itself as the Variance and Appeals Board, 30 31 which members shall serve at the pleasure of the Mayor or __________________ Language deleted
is stricken through and language added is underlined. Page 10 of 214
1 2 3 Councilmember making the appointment. The Board shall hear and decide appeals of final decisions of the Public Works Director or Flood Plane Administrator, and variances from the
requirements of 4 this Ordinance. The Board shall be subject to the requirements of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 2005-02-40. 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 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 section 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. Section6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14TH DAY OF OCTOBER, 2009. PASSED ON SECOND
READING ON THE ____ DAY OF _________, 2009. __________________ Language deleted is stricken through and language added is underlined. Page 11 of 214
1 2 3 4 5 6 7 8 9 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2009. ________________________________
SHIRLEY GIBSON, MAYOR __________________ Language deleted is stricken through and language added is underlined. Page 12 of 214
__________________ Language deleted is stricken through and language added is underlined. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: _________________________________ RONETTA
TAYLOR, MMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ VOTE:
_________ 19 Mayor Shirley Gibson ____ (Yes) ____(No) 20 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 21 Councilman Melvin L. Bratton ____(Yes) ____(No) 22 Councilman Aaron Campbell
____ (Yes) ____(No) 23 Councilman Andre’ Williams ____(Yes) ____(No) 24 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 25 Councilwoman Barbara Watson ____ (Yes) ____(No) 26 Page 13
of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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 Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, PROHIBITING URINATING AND DEFECATING IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Since being implemented in December 2007, the Miami Gardens Police Department (MGPD)
has consistently responded to calls for service and enforced the laws of the State of Florida as well as Ordinances of the City of Miami Gardens. This enforcement has been done with
vigor and success in order to prevent /reduce crime, and provide an environment of safety for our residents and business owners. During this initial implementation, quality of life issues
have been at the forefront of complaints from residents and business owners alike. The perception that an area is not safe creates a negative environment and interferes with commerce
and resident activity. This proposed ordinance will enhance the opportunity for residents to be secure in their community by prohibiting individuals from urinating and/or defecating
in public. The police department routinely fields calls, observes these acts and receives complaints about such behavior. In addition to the negative public health aspect of these actions,
many times perpetrators facilitate these activities in front of minor children and others using public transportation or who are attempting to conduct business within the City of Miami
Gardens. This type of indecency creates a negative image for those being exposed to these actions and cast a poor light on our community as a whole. Enabling officers to take enforcement
action in these instances will curve repeated instances and enhance public safety. ITEM H-2) ORDINANCE FIRST READING Prohibiting Urination and Defecation Page 14 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Ordinance Provisions: The ordinance provides that MGPD officers may enforce the ordinance prohibiting urination
and/or defecation in public view. The penalty for violation of this ordinance will be punishable by a term not to exceed 60 days in jail and a fine not to exceed $500.00. Recommendation:
That the City Council enact the attached ordinance prohibiting urination ad/or defecation in public view. Attachment: None Page 15 of 214
Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING URINATING AND DEFECATING IN
PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE. WHEREAS, the Mayor and City Council of the City of Miami Gardens have the authority to protect the health, safety, and welfare of all of its residents, and WHEREAS, the City Council
desires to maintain a clean and safe environment and prevent living conditions that would contribute to disease transmission, trespassing, litter, the destruction of private and public
property, and other serious conditions, and WHEREAS, the City finds that it is in the public interest to prohibit public urination and defecation unless a person, due to either age or
verified infirmity, lacks full control of their bodily functions that control urination or defecation , and WHEREAS, the City has a compelling interest in preventing urinating or defecation
in Miami Gardens, and WHEREAS, the Mayor and City Council of the City of Miami Gardens, would like to adopt an ordinance to provide protection and safety in public places within the
City, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses
are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: An Ordinance relating to Urinating
Page 16 of 214
Ordinance No. 2009-Page 2 19 20 and Defecating in public is hereby created in the City of Miami Gardens, as follows: URINATING AND DEFECATING IN PUBLIC 21 SECTION A. Definitions. 22
23 24 25 For the purpose of this ordinance, Public Place: shall mean any place where the conduct may reasonably be expected to be viewed or could be viewed by. 26 SECTION B. Enforcement.
27 28 29 30 31 32 The following individuals shall enforce this ordinance: City of Miami Gardens’ Code Enforcement Officers and City of Miami Gardens Police Officers will have the primary
responsibility for the enforcement of the urinating or defecating regulations contained herein. 33 SECTION C. Urinating and Defecation Prohibited. 34 35 36 37 38 39 40 41 42 43 44 45
46 47 48 1. It shall be unlawful for any person to intentionally urinate or defecate in plain view of the public on any public sidewalk, street, alley, park, mall or other public place
in the city. For purposes of this section "in plain view of the public" shall mean where such act may be readily observed by a member of the public. 2. This section shall not apply to
urinating or defecating in any restroom facility in a manner for which that facility was designed. 3. This section shall not apply to the following individuals; a. Children under the
age of five (5) or younger; b. Persons of any age who violated this ordinance due to a verified medical condition. Page 17 of 214
Ordinance No. 2009-Page 3 49 50 51 SECTION D. Penalty. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Any person convicted of a violation of this section shall be punished
by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the County Court. 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 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 18 of 214
Ordinance No. 2009-Page 4 72 73 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OFOctober.
PASSED ON SECOND READING ON THE DAY OF , 20 . ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 . SHIRLEY GIBSON, MAYOR
ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Danny Crew, City Manager MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oliver Gilbert, III (Yes) (No) Page 19 of 214
Ordinance No. 2009-Page 5 Councilman Melvin L. Bratton (Yes) (No) Councilwoman Barbara Watson (Yes) (No) Councilman Andre’ Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No)
Councilman Aaron Campbell (Yes) (No) Page 20 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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: NA Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name City Manager Danny Crew Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL, INC.
RELATING TO THAT CERTAIN PROPERTY LOCATED AT 2775 NORTHWEST 183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN AN EFFECTIVE DATE.
Staff Summary: The City of Miami Gardens recently purchased property located at 2775 NW 183 Street, also known as the Spirit of Christ Church. Prior to the City acquiring the property
the church facility had been leased for two years to Lord of the Harvest Ministries International Inc. for weekly services. Pastors with Lord of the Harvest Ministries International,
Inc. reached out to City Manager Danny Crew requesting permission to continue using the facility for church services as the City plans for the future ITEM H-3) ORDINANCE FIRST READING
Lease Agreement with Harvest Ministries Internation, Inc. Page 21 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 development of the property. Based on this request, a month‐to‐month lease agreement has been developed. This lease
agreement outlines the responsibilities of each party. Proposed Action: It is recommended that City Council allow the City Manager to execute a month‐to‐month lease agreement with Lord
of the Harvest Ministries International, Inc. for use of city property located at 2775 NW 183 Street for church services. Attachment: Attachment A –Lease Agreement Page 22 of 214
1 ORDINANCE No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL, INC. RELATING TO THAT CERTAIN PROPERTY
LOCATED AT 2775 NORTHWEST 183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens recently purchased a property located at 2775 Northwest 183rd Street, also
known as Spirit of Christ Church, and WHEREAS, prior to the City purchasing the property, the church was being leased by Lord of the Harvest Ministries, International, Inc. for weekly
church services, and WHEREAS, Lord of the Harvest Ministries, Int’l., Inc. has requested that the City continue to lease the premises until such time as the City decides what it will
do with the property, and WHEREAS, the City Attorney’s Office has drafted a month-to-month Lease Agreement that outlines the responsibility of the parties, a copy of which is attached
hereto as Exhibit “A” for review and approval of the City Council, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 23 of 214
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 Ordinance.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 2. APPROVAL OF LEASE AGREEMENT: The City Manager is hereby authorized to execute and deliver the Lease Agreement on
behalf of the City, and the City Clerk is hereby authorized to attest to that certain Lease Agreement between the City of Miami Gardens and Lord of the Harvest Ministries, International,
Inc., a copy of which is attached hereto as Exhibit “A.” 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 the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE:
This Ordinance will become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF OCTOBER, 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 24 of 214
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 _________________________________ 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:_____________________ SECOND BY: ___________________ VOTE: _____ 26
Mayor Shirley Gibson (Yes) ___(No) 27 Vice Mayor Oliver Gilbert III (Yes) ___(No) 28 Councilman Melvin L. Bratton (Yes) ___(No) 29 Councilman Aaron Campbell (Yes) ___(No) 30 Councilwoman
Barbara Watson (Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 Councilman André Williams (Yes) ___(No) 33 34 35 Page 25 of 214
Non Exclusive Lease Agreement THIS LEASE AGREEMENT ("Lease") is made and effective this ___ day of _______________, 2009, by and between the City of Miami Gardens ("Lessor") and Lord
of the Harvest Ministries International, Inc ("Lessee"). WHEREAS, Lessor is the owner of land and improvements commonly known and numbered as 2775 N.W. 183rd Street, Miami Gardens, Florida,
and legally described as follows: PARCEL 1: Miami Gardens Land. Beginning at the Southwest corner of Lot 127, in Section 4, Township 52 South, Range 41 East, according to Survey of MIAMI
GARDENS, according to the Plat thereof, recorded in Plat Book 2, Page 96, of the Public Records of MIAMI-DADE County, Florida, thence North along West boundary of said lot, a distance
of 440 feet; thence East 190 feet; thence South 440 feet to the South line of said lot; thence West along South line of said lot, 190 feet to the Point of Beginning, less the South 15
feet. PARCEL 2: Tract 127 less the West 190 feet of the South 460 feet thereof, less the South South 15 feet thereof, in Section 4, Township 52 South, Range 41 East of MIAMI GARDENS
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 96, of the Public Records of Miami-Dade County, Florida. Parcel Identification Number: 30-2104-001-0580 and
0670 (the "Building"), and WHEREAS, Lessor agrees to make available for lease the Building located on said property (the "Leased Premises" or “Premises”), and WHEREAS, Lessor desires
to lease the Leased Premises to Lessee on a nonexclusive basis, and Lessee desires to lease the Leased Premises from Lessor for the term, at the rental amount and upon the covenants,
conditions and provisions herein set forth, Page 1 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 26 of 214
NOW THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, the parties agree as follows: 1. Term. Lessor hereby leases the Leased
Premises to Lessee on a month-to-month basis commencing November 1, 2009. Lessor may terminate the tenancy or modify the terms of this agreement by giving Lessee thirty (30) days notice.
Lessee may terminate the agreement by providing Lessor thirty (30) days notice. 2. Rental. a. Lessee shall pay rent in the amount of $1,500.00 per month. The rent amount for the first
month shall be paid to Lessor on or before the first date of the Lease. All other rent payments shall be due in advance on the first day of each calendar month during the lease term
to Lessor at 1515 N.W. 167th Street, Building 5, Suite 200, Attn: Vernita Nelson, Assistant City Manager, or at such other place designated by written notice from Lessor or Lessee. Lessee
shall pay a late fee of $100.00 for each month where rent is not paid on or before the due date. b. Lessee shall pay a Security Deposit in the amount of $1,500.00 Lessor may apply the
security deposit for the purpose of curing any default or defaults of Lessee hereunder, in which event Lessee shall replenish said deposit in full by promptly paying to Lessor the amount
so applied. Lessor is not required to pay interest on said deposit. Such sum shall be returned to the Lessee after the expiration of this Lease, provided the Lessee has fully and faithfully
carried out all of its terms. Page 2 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 27 of 214
3. Premises. a. Lessee has examined the Premises, is familiar with the condition of the Premises and accepts them “as is,” “with all faults,” in their present condition. b. The Premises
shall be used for congregational services on Wednesdays, Saturdays, and Sundays.. Lessee shall not use the Leased Premises for any other purpose. Lessee is strictly prohibited from storing,
manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment. Lessee shall not sublease all or any
part of the Leased Premises, or assign this Lease in whole or in part without Lessor's consent. 5. Repairs. During the Lease term, Lessee shall make, at Lessee's expense, all necessary
repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal
occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Lessee shall
not have the right to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises without Lessor’s written consent. Page 3
of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 28 of 214
7. Taxes/Assessments. a. Personal Property Taxes. The Lessee shall be liable for all taxes levied against any leasehold interest of the Lessee or personal property and trade fixtures
owned or placed by the Lessee in the Leased Premises. b. Real Estate Taxes. During the continuance of this Lease Landlord shall deliver to Lessee a copy of any real estate taxes and
assessments against the Leased Property. From and after the Commencement Date, the Lessee shall pay to Landlord not later than twenty-one (21) days after the day on which the same may
become initially due, all real estate taxes and assessments applicable to the Leased Premises, together with any interest and penalties lawfully imposed thereon as a result of Lessee's
late payment thereof, which shall be levied upon the Leased Premises during the term of this Lease. c. Contest of Taxes. The Lessee, at its own cost and expense, may, if it shall in
good faith so desire, contest by appropriate proceedings the amount of any personal or real property tax. The Lessee may, if it shall so desire, endeavor at any time or times, by appropriate
proceedings, to obtain a reduction in the assessed valuation of the Leased Premises for tax purposes. In any such event, if the Landlord agrees, at the request of the Lessee, to join
with the Lessee at Lessee's expense in said proceedings and the Landlord agrees to sign and deliver such papers and instruments as may be necessary to prosecute such proceedings, the
Lessee shall have the right to contest the amount of any such tax and the Lessee shall have the right to withhold payment of any such tax, if the statute under which the Lessee is contesting
such tax so permits. Page 4 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 29 of 214
d. Payment of Ordinary Assessments. The Lessee shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (21) days
after the day on which the same became initially due. The Lessee may take the benefit of any law allowing assessments to be paid in installments and in such event the Lessee shall only
be liable for such installments of assessments due during the term hereof. e. Changes in Method of Taxation. Landlord and Lessee further agree that if at any time during the term of
this Lease, the present method of taxation or assessment of real estate shall be changed so that the whole or any part of the real estate taxes, assessment or governmental impositions
now levied, assessed or imposed on the Leased Premises shall, in lieu thereof, be assessed, levied, or imposed wholly or in part, as a capital levy or otherwise upon the rents reserved
herein or any part thereof, or as a tax, corporation franchise tax, assessment, levy or charge, or any part thereof, measured by or based, in whole or in part, upon the Leased Premises
or on the rents derived therefrom and imposed upon the Landlord, then the Lessee shall pay all such taxes, assessments, levies, impositions, or charges. 8. Indemnity/Insurance. a. Lessee
shall at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities in or about the Premises, with the premiums
thereon fully paid on or before due date, issued by and binding upon an insurance company, such insurance to afford minimum protection of not less than $600,000.00 combined single limit
coverage of bodily injury, property damage or combination thereof. Lessor shall be listed as an additional insured on Lessee's policy or policies of comprehensive general Page 5 of 14
Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 30 of 214
liability insurance, and Lessee shall provide Lessor with current Certificates of Insurance evidencing Lessee's compliance with this Paragraph. Lessee shall obtain the agreement of Lessee's
insurers to notify Lessor that a policy is due to expire at least (10) days prior to such expiration. Lessor shall not be required to maintain insurance against thefts within the Leased
Premises or the Building. b. Lessee shall indemnify, defend, and hold Lessor harmless of and from all claims, suits, liabilities, damages, fines, penalties, charges, losses, costs and
expenses related to Lessee’s use or occupancy of the Premises, or arising from, or in any way related to the acts or omission of Lessee, its employees, agents and invitees. c. Lessee
shall promptly notify Lessor of any damage to the Premises, any accident in or about the Premises. 9. Utilities. Lessor shall pay all charges for lawn service, water, sewer, electricity,
on the Leased Premises during the term of this Lease. Lessee shall pay all charges for security system/services, and telephones on the Leased Premises during the term of this Lease.
Lessee shall pay such amounts within fifteen (15) days of invoice. Lessee shall not use any equipment or devices that utilize excessive electrical energy or which may, in Lessor's reasonable
opinion, overload the wiring or interfere with electrical services to other lessees. 10. Signs. Page 6 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 31
of 214
No new signage shall be located on the Premises, without Lessor’s written approval. 11. Entry. Lessor shall have the right to enter upon the Leased Premises at reasonable hours to inspect
the same, provided Lessor shall not thereby unreasonably interfere with Lessee's use of the Leased Premises. Lessor shall have the right to conduct city business on the Leased Premises
with 10 business days notification to Lessee. Lessor shall utilize the Leased Premises from Monday, January 18, 2010 thru Friday, February 12, 2010 to accommodate activities associated
with the Pro Bowl and Super Bowl Games. 12. Parking. During the term of this Lease, Lessee shall have the non-exclusive use in common with Lessor or Lessor’s guests or invitees, of the
automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate
parking areas within the Building or in reasonable proximity thereto, for Lessee and Lessee's Lessee's agents and employees. 13. Building Rules. Lessee will comply with all rules of
the Building adopted and altered by Lessor from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Lessor
to Lessee in writing. Page 7 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 32 of 214
14. Damage and Destruction. a. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used
for Lessee's purposes, then Lessee shall have the right within ninety (90) days following damage to elect by notice to Lessor to terminate this Lease as of the date of such damage. b.
If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Lessee or any of Lessee's agents, employees or invitees,
rent shall not be diminished or abated while such damages are under repair, and Lessee shall be responsible for the costs of repair not covered by insurance. 15. Default. If default
shall at any time be made by Lessee in the payment of rent when due to Lessor as herein provided, and if said default shall continue for five (5) days after written notice thereof shall
have been given to Lessee by Lessor, or if default shall be made in any of the other covenants covenants or conditions to be kept, observed and performed by Lessee, and such default
shall continue for fifteen (15) days after notice thereof in writing to Lessee by Lessor without correction thereof then having been commenced and thereafter diligently prosecuted, Lessor
may declare the term of this Lease ended and terminated by giving Lessee written notice of such intention, and if possession of the Leased Premises is not surrendered, Lessor may reenter
said Premises. Lessor shall have, in addition to the remedy above provided, any other right or remedy available to Lessor on account of any Page 8 of 14 Lease Agreement with Lord of
the Harvest Ministries Int’l., Inc. Page 33 of 214
Lessee’s default, either in law or equity. Lessor shall use reasonable efforts to mitigate its damages. 16. Quiet Possession. Lessor covenants and warrants that upon performance by Lessee
of its obligations hereunder, Lessor will keep and maintain Lessee in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term
of this Lease. 17. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease
shall cease when the public authority takes possession, and Lessor and Lessee shall account for rental as of that date. Such termination shall be without prejudice to the rights of either
party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other
by the condemning authority. 18. Subordination. Lessee accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising
upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Lessee agrees that any such mortgagee shall have the right at any time to
subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Lessor is
hereby irrevocably vested Page 9 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 34 of 214
with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Lessee
agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Lessor may request. In the event that Lessee should fail
to execute any instrument of subordination herein required to be executed by Lessee promptly as requested, Lessee hereby irrevocably constitutes Lessor as its attorney-in-fact to execute
such instrument in Lessee's name, place and stead, it being agreed that such power is one coupled with an interest. Lessee agrees that it will from time to time upon request by Lessor
execute and deliver to such persons as Lessor shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been
modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Lessor
is not in default hereunder (or if Lessee alleges a default stating the nature of such alleged default) and further stating such other matters as Lessor shall reasonably require. 19.
Security Deposit. The Security Deposit shall be held by Lessor without liability for interest and as security for the performance by Lessee of Lessee's covenants and obligations under
this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee.
Unless otherwise provided by mandatory non-waivable law or regulation, Lessor may commingle the Security Deposit with Lessor's other funds. Lessor may, from time to time, without prejudice
to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Lessee hereunder. Following
any such application of the Security Deposit, Lessee shall pay to Lessor on demand the amount so applied in order to restore the Security Deposit to its Page 10 of 14 Lease Agreement
with Lord of the Harvest Ministries Int’l., Inc. Page 35 of 214
original amount. If Lessee is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Lessor to
Lessee. If Lessor transfers its interest in the Premises during the term of this Lease, Lessor may assign the Security Deposit to the transferee and thereafter shall have no further
liability for the return of such Security Deposit. 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States
certified mail, return receipt requested, addressed as follows: If to Lessor to: Stanley A. King and Lavada R. King Lord of the Harvest Ministries International 500 N.W. 203rd Street,
Miami, Florida 33169 If to Lessee to: Danny Crew, City Manager 1515 N.W. 167th Street, Building 5, Suite 200 Miami Gardens, Florida 33169 Lessor and Lessee shall each have the right
from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 21. Brokers. Page 11 of 14 Lease Agreement with Lord of
the Harvest Ministries Int’l., Inc. Page 36 of 214
Lessee represents that Lessee was not shown the Premises by any real estate broker or agent and that Lessee has not otherwise engaged in, any activity which could form the basis for
a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 22. Holding Over. In the event that Lessee or anyone claiming
under Lessee shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between
Landlord and Lessee with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month
to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and
payable for the period of such occupancy. 23. Waiver. No waiver of any default of Lessor or Lessee hereunder shall be implied from any omission to take any action on account of such
default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and
to the extent therein stated. One or more waivers by Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 24. Memorandum
of Lease. Page 12 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 37 of 214
The parties hereto contemplate that this Lease should not and shall not be recorded in the public records. 25. Headings. The headings used in this Lease are for convenience of the parties
only and shall not be considered in interpreting the meaning of any provision of this Lease. 26. Successors. The provisions of this Lease shall extend to and be binding upon Lessor and
Lessee and their respective legal representatives, successors and assigns. 27. Compliance with Law. Lessee shall comply with all laws, orders, ordinances and other public requirements
now or hereafter pertaining to Lessee's use of the Leased Premises. 28. Waiver of Trial by Jury Landlord and Lessee waive their right to trial by jury in any action or proceeding brought
by Landlord or Lessee pertaining to or in any way connected with this Lease or Lessee’s occupancy of the Premises. 29. Attorneys Fees and Costs In connection with any litigation, including
appeals, arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Page 13 of 14 Lease Agreement with Lord of the Harvest
Ministries Int’l., Inc. Page 38 of 214
30. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing
that is duly executed by both parties. 31. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. Venue shall
lie in Miami-Dade County. (Signatures to follow) Page 14 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 39 of 214
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. As to LESSOR: CITY OF MIAMI GARDENS ________________________ ________________ Danny
Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, MMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney
Page 15 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 40 of 214
Page 16 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. As to LESSEE: LORD OF THE HARVEST MINISTRIES INT’L, INC. (Corporate Seal) By: ___________________________
_________________________ STANLEY A. KING, PASTOR Date Witness: ___________________________ _________________________ Date Printed Name: ___________________________ Witness: _________________________
__ _________________________ Date Printed Name: ___________________________ Page 41 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005‐31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH
21 TO AMEND AND MERGE THE SAME; AND RENUMBERING THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: In accordance accordance with Ordinance No. 2005‐13‐51, as amended, the City adopted a Property Maintenance
Ordinance to impose standards for property maintenance in the City. Since that time the Code Compliance Division has encountered many cases where property owners are neglecting their
properties allowing the landscaping to become overgrown thereby creating a nuisance to adjoining property owners. The City is required to abate these nuisances on a more frequent basis,
by mowing and removing debris from these properties. The abatement of the above‐mentioned nuisances can take
60 ‐90 days under the existing process, which in turn increases the cost to the city and eventually the homeowner as the cost of clearing is tied to the severity of the overgrowth that
exists on the property. As such, staff is recommending that the City amend the Property Maintenance ordinance to make it easier for the City to abate these nuisances in an expedited
manner, while still providing due process to property owners. ITEM H-4) ORDINANCE FIRST READING Amending Property Maintenance Ordinance Page 42 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Old Procedure Day Total Warning Notice Period 7 Civil Violation Notice Period 7 Special Master Hearing Period 60
Total days to possibly abate nuisance 74 New Procedure Day Total Notice to Owner 8 Total days to possibly abate nuisance 9 Proposed Action: That City Council approve the attached ordinance
amending the City’s property maintenance provisions. Attachments: None Page 43 of 214
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 2009____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING
SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005-31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH 21 TO AMEND AND MERGE THE SAME; AND RENUMBERING
THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE WHEREAS, in accordance with Ordinance No. 2005-13-51, as amended, the City adopted a Property Maintenance Ordinance to impose standards for property maintenance in
the City, and WHEREAS, the City is encountering many cases where property owners are neglecting their properties such that they have become a nuisance to adjoining property owners, and
WHEREAS, the City is being required to abate these nuisances on a more frequent basis, by mowing and removing debris from these properties, and WHEREAS, staff is recommending that the
City amend the Property Maintenance ordinance to make it easier for the City to abate these nuisances in a expedited manner, while still providing due process to property owners, 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 paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Page 44 of 214
Section 2. AMENDMENT: Section 12(4)(A) and (B) of Ordinance No. 2005-13-51 is amended as follows: 1 2 3 4 5 6 (4) The owners of all unimproved lots, including cleared lots, shall maintain
said lots in accordance with the following requirements: (A) On all uUnimproved lots, shall not have grass, weeds, and/or undergrowth that exceed the height of twelve (12) inches from
the ground that occurs within one hundred and fifty (150) 7 8 (100) feet from the boundary line of any property with a building or structure or within one hundred and fifty (150) 9 10
(100) 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. 11 12 13 14 15 16 17 18 SECTION 3. AMENDMENT: Section 19 of Ordinance No. 2005-13-51 is amended as follows: 19 A. UNSANITARY VACANT PROPERTIES
DECLARED A NUISANCE The existence of excessive accumulation or untended growth of leaves weeds, undergrowth 20 or other dead or living plant material, any garbage or rubbish upon any
vacant 21 22 lot, tract or parcel of land improved or unimproved, or any land containing a vacant building or vacant structure and located within 2100 feet of the boundary line of any
improved property within the city to the extent and in the manner that 23 24 so that such property is or may become infested or inhabited by rodents, vermin or wild animals or may furnish
a breeding place of mosquitoes, or threatens or endangers the public health, safety or welfare or may reasonably cause disease or adversely affect or impair the economic welfare of the
adjacent property 25 26 27 28 29 , is hereby prohibited and declared to be a public nuisance. 30 The City shall have the authority to promptly abate public nuisances in whole, or 31
in part, at the expense of the owner, in accordance with Chapter 162, Florida 32 Statutes. 33 34 B. NOTICE TO OWNER; MOWING, CLEANING OR REMOVAL BY 35 CITY; LIEN FOR COSTS INCURRED BY
CITY. 36 37 1. If an owner or occupant of real property shall permit the same to be 38 a public nuisance as described in Section 19, the Code Enforcement Director or 39 his/her designee
shall direct a "notice to owner" to the owner and occupant of 40 such real property directing such owner or occupant to mow, cut, clean or 41 otherwise remove such grass, weeds, or other
debris, refuse, trash, rubbish, or Page 45 of 214
1 waste materials. Said notice to owner shall advise the owner and occupant of 2 such real property that the city shall have the property mowed, cut, cleaned or 3 debris removed, as
applicable, unless the owner and/or occupant shall, within 4 five days from the date of such notice, accomplish such mowing, cutting, 5 cleaning and/or removal and thereby cure the violation.
Such notice to owner 6 shall be mailed to the owner of such property, return receipt requested and 7 regular first class mail, at the address of such owner as it appears on the latest
8 records of the county tax appraiser's office for ad valorem taxation purposes, with 9 a copy to be posted on the property. The failure or omission of the Director to 10 mail such notice
by certified mail, return receipt requested, shall in no way affect 11 the validity thereof, provided that the Director shall give an affidavit that such 12 notice was duly mailed, first
class, postage prepared. In all events, it shall be 13 presumed that the addressee of such notice or re-notice received the same 14 within three days of mailing. The Director shall designate
in such notice to owner 15 the approximate cost to the owner or occupant that will be incurred if the city 16 should be called upon to accomplish such mowing, cutting, cleaning or removal,
17 which cost shall include the actual cost which the city is obligated to pay to a 18 private contractor or which estimated cost the city suffers as a result of such work 19 being performed
by city employees, and such amount shall include all overhead 20 costs and administrative costs, including, but not limited to, personnel, postage, 21 filing fees, attorneys' fees and
the like which are estimated to be expended or 22 incurred by the city in the enforcement of the terms of this ordinance. Such costs 23 as are required by the terms of this section to
be set forth in the notice shall be 24 based upon an estimate by the Director based upon the information then 25 available, and no variance between such estimate and the actual cost
shall 26 invalidate or constitute a defect under the terms of this section. 27 28 2. If such owner and/or occupant shall fail to accomplish such mowing, 29 cutting, removal or repair,
as applicable, within the set forth in this section, the 30 city shall cause such mowing, cutting, removal or repair to be made, and the 31 costs thereof, including reasonable administrative
expenses, filing costs, costs of 32 collection and attorneys' fees, shall be assessed against the subject property on 33 or from where such grass, weeds, or where such debris, refuse,
trash, rubbish, or 34 waste materials have been placed, deposited, left, dumped or otherwise allowed 35 to remain or accumulate, or to otherwise create an attraction for insects, vermin
36 or children, or otherwise cause a nuisance. 37 38 3. The City shall issue a bill to the property owner at the address of the 39 property owner appearing on the then current real property
tax rolls of the county 40 tax appraiser’s office, for the costs outlined in subsection 2 above. The property 41 owner shall have thirty (30) days from the date of receipt to submit
payment to 42 the city for the cost of said services. After thirty (30) days a late fee of fifty dollars 43 $50.00 shall be added to the total cost, and. upon the request of the Code
44 Enforcement Director, the City Clerk shall schedule a hearing before the Special 45 Master and shall provide notice to the owner of said property via certified mail, at 46 the address
appearing on the then current real property tax rolls of the county Page 46 of 214
1 tax appraiser’s office. Nothing contained herein shall prevent the City from 2 scheduling a hearing before the Special Master to obtain a lien, if a bill for costs 3 is not mailed.
However, if a bill is not mailed, the City shall not be entitled to 4 payment of a late fee. 5 6 4. Upon providing competent substantial evidence of proper notice and an 7 affidavit
of all amounts incurred, a lien in such aggregate amounts shall be filed 8 in the public records of the County against such real property. A copy of such 9 recorded lien shall be mailed
to the owner or occupant by the city clerk at the 10 address appearing on the then-current real property tax rolls of the county tax 11 appraiser's office; provided, however, that the
failure or omission of the city clerk 12 to mail such facsimile copy of the recorded lien or to otherwise notify the property 13 owner or occupant thereof shall in no way affect the
validity of such lien. 14 15 5. Such lien as described in subsection (3) of this section shall bear 16 interest at the rate of 18 percent per annum from the date when such monies 17
became due and payable to the city, which date shall be when the city first 18 commenced work on the subject property or incurred any obligation in connection 19 therewith, including
the obligation of administrative expenses, and such interest 20 shall continue to accrue until payment is made. If such owner and/or occupant 21 fails and/or omits to satisfy such lien
within 30 days from the date the same is recorded in the public records, the City shall have the right to foreclose such lien as provided by the laws of the state, and the city shall
have the right to have 22 23 24 assessed against such defaulting owner and/or occupant, in addition to the 25 amount set forth in such lien, all costs and expenses occasioned or necessitated
26 by such foreclosure, including, but not limited to, reasonable attorneys' fees and 27 court costs. 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 4: AMENDMENT: Sections 20 and 21 of
Ordinance No. 2005-13-51 are deleted. SECTION 5: RENUMBERING: The remaining sections of Ordinance No. 2005-13-51 as amended are hereby renumbered. Section 6. CONFLICT: All ordinances
or Code provisions in conflict herewith are hereby repealed. Section 7. 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 Page 47 of 214
deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 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 Section 8. 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 section 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. Section 9. EFFECTIVE DATE: This
Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST 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. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA
TAYLOR, MMC, CITY CLERK Page 48 of 214
1 Prepared by SONJA KNIGHTON DICKENS, ESQ. 2 3 4 5 6 7 8 9 10 11 City Attorney SPONSORED BY: DANNY CREW, City Manager Moved by: __________________ Second by: _________________ VOTE:
_________ 12 Mayor Shirley Gibson ____ (Yes) ____(No) 13 Vice Mayor Oliver Gilbert, III ____ (Yes) ____(No) 14 Councilman Melvin L. Bratton ____(Yes) ____(No) 15 Councilman Aaron Campbell
____ (Yes) ____(No) 16 Councilman Andre’ Williams ____(Yes) ____(No) 17 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 18 Councilwoman Barbara Watson ____ (Yes) ____(No) 19 Page 49
of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2003‐11, ESTABLISHING THE OPERATING DEPARTMENTS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: On November 5, 2003, the City Council adopted Ordinance No. 2003‐11 establishing various Departments of the City. Since that time
it has become necessary to amend Ordinance No. 2003‐11, to include additional departments that have been created since 2003 as well as capture organizational changes. Proposed Action:
That the City Council approve the attached ordinance amending Ordinance No.2003‐11 , establishing the operational departments. Attachment: None ITEM I-1) ORDINANCE SECOND READING/PUBLIC
HEARING Amending Ordinance 2003-11 Page 50 of 214
______________________ Language deleted is stricken through and language added is underlined. 1 ORDINANCE NO. 2009____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS,
FLORIDA, AMENDING ORDINANCE NO. 5 2003-11, ESTABLISHING THE OPERATING DEPARTMENTS OF 6 THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR 7 REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; 8 PROVIDING FOR AN EFFECTIVE DATE 9 10 WHEREAS, on November 5, 2003 the City Council adopted Ordinance 11 No. 2003-11 establishing various Departments of the City, and 12 WHEREAS,
it is now necessary to amend Ordinance No. 2003-11, to 13 include additional departments that have been created since 2003, and 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE 15 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 16 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 17 Whereas paragraphs are hereby ratified and confirmed as being true,
and the same 18 are hereby made a specific part of this Ordinance. 19 Section 2. AMENDMENT: Section 1 of Ordinance No. 2003-11 is 20 hereby amended as follows: 21 Section 1. City Departments
Created. For the purpose of systematically and 22 efficiently administering the operations of the City of Miami Gardens, the following 23 departments of government within the City are
hereby established: 24 25 1. Office of the City Manager 26 2. Finance Department 27 3. Human Resources Department 28 4. Parks and Recreation Department 29 5. Office of the City Clerk
30 6. Office of the City Attorney 31 7. Public Safety Department (Police) 32 8. Public Works Department 33 9. Zoning, Planning and Building Zoning Department 34 10. Code Enforcement
Department Building and Code Compliance 35 Department Page 51 of 214
______________________ Language deleted is stricken through and language added is underlined. 1 11. ULegislative Department 12. U2 Community Development Department 13. U3 General Services
Department 14. U4 Information Technology Department 15. U5 Stormwater Utility Department 6 7 Section 3. CONFLICT: All ordinances or Code provisions in conflict 8 herewith are hereby
repealed. 9 Section 4. SEVERABILITY: If any section, subsection, sentence, 10 clause, phrase or portion of this Ordinance is for any reason held invalid or 11 unconstitutional by any
court of competent jurisdiction, such portion shall be 12 deemed a separate, distinct and independent provision and such holding shall 13 not affect the validity of the remaining portions
of this Ordinance. 14 Section 5. INCLUSION IN CODE: It is the intention of the City 15 Council of the City of Miami Gardens that the provisions of this Ordinance shall 16 become and
be made a part of the Code of Ordinances of the City of Miami 17 Gardens and that the section of this Ordinance may be renumbered or relettered 18 and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or 19 such other appropriate word or phrase, the use of which shall accomplish the 20 intentions herein expressed. 21 Section 6. EFFECTIVE DATE: This
Ordinance shall become effective 22 immediately upon its final passage. 23 PASSED ON FIRST READING ON THE 21st DAY OF SEPTEMBER 24 2009. Page 52 of 214
______________________ Language deleted is stricken through and language added is underlined. 1 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 2 MIAMI GARDENS AT ITS REGULAR MEETING
HELD ON THE _____ DAY OF 3 ______________, 2009. 4 5 ________________________________ 6 SHIRLEY GIBSON, MAYOR 7 8 ATTEST: 9 10 11 _________________________________ 12 RONETTA TAYLOR,
MMC, CITY CLERK 13 14 Prepared by SONJA KNIGHTON DICKENS, ESQ. 15 CITY ATTORNEY 16 17 SPONSORED BY: Danny Crew, City Manager 18 19 20 Moved by: __________________ 21 Second by: _________________
22 23 VOTE: _________ 24 Mayor Shirley Gibson U____U 25 (Yes) ____(No) Vice Mayor Oliver Gilbert III __U__U 26 (Yes) ____(No) Councilman Melvin L. Bratton U____U27 (Yes) ____(No) Councilman
Aaron Campbell U____U 28 (Yes) ____(No) 29 Councilman Andre’ Williams ____(Yes) ____(No) Councilwoman Sharon Pritchett __U__U 30 (Yes) ____(No) Councilwoman Barbara Watson ____ (Yes)
U____U31 (No) 32 Page 53 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
General Fund Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police
Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE ATTACHED HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH THE “COPS” PROGRAM, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS
AND TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF TWO MILLION, TWO HUNDRED NINETY-FOUR THOUSAND, FOUR HUNDRED SEVENTY EIGHT DOLLARS ($2,294,478.00);
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The Miami Gardens Police Department has applied
for and been awarded grant funding from the United States Department of Justice (USDOJ) COPS Program in the amount of $2,294,478. These funds are to be used in furtherance of the implementation
of the Department’s Community Enrichment Team (CET) Project. The funding will reimburse the salaries of nine entry level police officers for a period of three years, with a provision
that the officers remain employed for an additional year. ITEM J-1) CONSENT AGENDA RESOLUTION Agreement with The Department of Justice Page 54 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 This grant process was extremely competitive as only 1,046 agencies out of 7,272 nationwide and 66 out of 214 agencies
in Florida were awarded funding. Additionally, the Department received the highest number of officers available under the funding process formula which is critical to the success of
the project being implemented. The funds from this grant award will significantly assist the Department in its endeavor to establish a fully functional community policing component.
Funding from the general fund for equipment, vehicles and uniforms have been allocated by the City Manager in furtherance of this project. It is anticipated that new employees will be
utilized to backfill the officers selected for the CET will be hired on October 5, 2009.. The official start date of the CET project will be Monday, November 2, 2009. If approved, the
attached resolution will authorize the City Manager to execute the a contract with the USDOJ accepting grant funding in the amount of $2,294,478 for the implementation of the CET project.
Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute a contract with the United States Department of Justice COPS Program allowing
the Miami Gardens Police Department to utilize the $2,294,478 allocated by this grant. Attachment: Attachment A: COPS Grant Contract Page 55 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE ATTACHED HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH THE
“COPS” PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF TWO MILLION, TWO
HUNDRED NINETY-FOUR THOUSAND, FOUR HUNDRED SEVENTY EIGHT DOLLARS ($2,294,478.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens, through its Police Department, has applied for and been awarded grant funding from the United States Department of Justice (USDOJ)
through the COPS Program, in the amount of Two Million, Two Hundred Ninety-Four Thousand, Four Hundred Seventy Eight ($2,294,478.00), and WHEREAS, these funds are to be used in furtherance
of the implementation of the Department’s Community Enrichment Team (CET) Project, and WHEREAS, the funding will reimburse the salaries of nine entry-level police officers for a period
of three (3) years, with a provision that the officers remain employed for an additional year at a cost to be borne by the City, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Resolution. Page 56 of 214
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to execute that certain Agreement with the United States Department of Justice
COPS Program attached hereto as Exhibit “A,” and authorizes the City Manager to execute any and all documents and take any and all steps necessary in order to accept grant funding in
the amount of Two Million, Two Hundred Ninety-Four Thousand, Four Hundred Seventy Eight ($2,294,478.00) for the City of Miami Gardens Community Enrichment Team (CET) Project. 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 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed
copies of the subject contract, with one to the maintained by the City; with one to be delivered to the United States Department of Justice COPS Program. 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 OCTOBER 14, 2009.
_________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY
Page 57 of 214
1 SPONSORED BY: DANNY CREW, CITY MANAGER 2 3 4 5 6 7 8 9 10 MOVED BY:_____________________ VOTE: _____ 11 Mayor Shirley Gibson (Yes) ___(No) 12 Vice Mayor Oliver Gilbert, III (Yes) ___(No)
13 Councilman Melvin L. Bratton (Yes) ___(No) 14 Councilman Aaron Campbell (Yes) ___(No) 15 Councilwoman Barbara Watson (Yes) ___(No) 16 Councilwoman Sharon Pritchett (Yes) ___(No) 17
Councilman André Williams (Yes) ___(No) 18 19 20 Page 58 of 214
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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‐Code Advertising Requirement: (Enter X in box) Yes No
x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Sonja K. Dickens, City Attorney Department: Office of the City Attorney Short Title: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING NATALIE E. OCE AND REGINE MONESTIME AS SPECIAL MASTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE Summary: The City previously established a Code Enforcement Special Master Program in the City to preside over appeals of code enforcement citations, stormwater utility fees and
red light camera hearings. Recently, one of the City’s Special Masters, Jimmy Morales, had to resign from his position. In light of this fact and the fact that due to the Dangerous Intersection
Ordinance, the City needs additional Special Masters, the City Attorney is recommending the appointment of additional Special Masters. Natalie E. Oce has served as Special Master for
the City of Miami Gardens in the past, and the City Attorney is recommending that she be reappointed as a Special Master to serve a term ending December 10, 2010. Regine Monestime is
well versed in municipal matters and currently serves as a Special Master for the City of Sunny Isles Beach and as the City Attorney for the City of Florida City. ITEM J-2) CONSENT AGENDA
RESOLUTION Appointing Special Masters Page 66 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approves the appointment of Natalie E. Oce and Regine Monestime as Special
Masters with terms ending December 2010. Attachment: Resume of Natalie Oce and Regine Monestine. Page 67 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING NATALIE E.
OCE AND REGINE MONESTIME, AS SPECIAL MASTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has established a Code Enforcement
Special Master Program in the City, and WHEREAS, appeals of all code enforcement citations are heard by Special Masters, and WHEREAS, in addition, appeals of stormwater utility fees
and red light camera hearings are also heard before Special Master, and WHEREAS, in light of the Dangerous Intersection Ordinance, it is necessary for the City to schedule additional
hearings on a monthly basis, and WHEREAS, the City Attorney is recommending that the City retain the services of additional Special Masters in order to assist in the handling of these
cases as well as handling other matters, and WHEREAS, Natalie E. Oce, has served as Special Master Master for the City of Miami Gardens in the past and the City Attorney is recommending
that she be reappointed as a Special Master to serve a term ending December 10, 2010, and WHEREAS, Regine Monestime currently serves as a Special Master for Sunny Isles Beach and is
the City Attorney for the City of Florida City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 68 of 214
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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 2. APPOINTMENT: The Council of the City of Miami Gardens hereby appoints Natalie E. Oce and Regine Monestine, as Code
Enforcement Special Masters for a term ending December 10, 2010. 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 OCTOBER 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY MOVED BY:_____________________ VOTE:
_____ 36 Mayor Shirley Gibson (Yes) ___(No) Page 69 of of 214
1 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 2 Councilman Melvin L. Bratton (Yes) ___(No) 3 Councilman Aaron Campbell (Yes) ___(No) 4 Councilwoman Barbara Watson (Yes) ___(No) 5 Councilwoman
Sharon Pritchett (Yes) ___(No) 6 Councilman André Williams (Yes) ___(No) Page 70 of 214
Page 71 of 214
REGINE MONESTIME, ESQUIRE 909 North Miami Beach, Blvd., Suite 501 North Miami Beach, FL 33162 305-653-4710 * 305-653-4709 reginemonestime@bellsouth.net EXPERIENCE: CIRCUIT COURT CIVIL
MEDIATOR: Florida Supreme Court Certified 08.09-Present SPECIAL MASTER: City of Sunny Isles 10.09-Present CITY ATTORNEY: The City of Florida City, Miami, FL 02.08-Present Legal advisor
to the City Commission, City Administrative Staff, and various boards of the City; directs the City's legal services; analyzes legislation affecting the City; prepares legislation, contracts,
agreements and other legal documents; reviews the legality or sufficiency of resolutions, contracts, and other legal documents; attends meetings of the City Commission, and various committees
and boards; renders legal advice on matters on the agenda; represents the City in law suits and administrative hearings; researches, interprets laws, court decisions, and other legal
authority in the preparation of opinions and briefs. ATTORNEY AT LAW: The Monestime Firm, P.A., Miami, FL. 04/05-Present Board Certified in Appellate Practice. Handle civil, criminal
and immigration state and federal appeals, research and write legal memorandum as well as trial support and consultation. Handle Foreclosure Defense and Bankruptcy cases. ASSISTANT CITY
ATTORNEY: City of Miami, Miami, Fl., 01/02 –0 4/05 Handled the office’s multi-discipline comprehensive appellate practice, covering many diverse areas of law including general tort,
federal civil rights, labor, code enforcement and general municipal law issues. Provided legal advice and direction to City Commission, City Manager, Department Heads, Boards and Committees.
ASSISTANT ATTORNEY GENERAL: Office of the Attorney General-Criminal Appeals, Miami, FL. 05/99-12/01 Handled Criminal Appeals before the Third District Court of Appeals and Supreme Court
of Florida, Post conviction related Cases before the Criminal Circuit Court and Federal District Court. ATTORNEY AT LAW: Law Offices of Regine Monestime, Miami, FL. 02/98-05/99 Solo
Solo Practitioner. Handled immigration, family and real estate cases. JUDICIAL LAW CLERK: Third District Court of Appeals, Miami, FL. 08/96-02/98 Clerked for Appellate Court Judge. Researched
and Drafted Memoranda and Court Opinions. Advised and Assisted Judge on Solving Various Civil and Criminal Legal Issues. 1 of 2 Page 72 of 214
Page 2 of 2 JUDICIAL LAW CLERK: State of Florida 11th Judicial Circuit, Miami, FL. Summer 1995 Researched and Drafted Memoranda on Various Civil Law Issues. Drafted Opinions for County
Court Appellate Cases. Assisted Judge in Organizing and Managing Caseload. PROFESSIONAL ASSOCIATIONS: Florida Supreme Court Certified Circuit Court Mediator Florida Bar Board Certified
in Appellate Practice United States District Court-Southern District of Florida United States Court of Appeals, 11th Circuit Florida International University College of Law Advisory
Board Past President, Haitian Lawyers Association Florida Association of Women Lawyers EDUCATION: UNIVERSITY OF FLORIDA COLLEGE OF LAW Juris Doctorate, May 1996 UNIVERSITY OF SAN DIEGO
PARIS INSTITUTE ON INTERNATIONAL AND COMPARATIVE LAW PROGRAM Paris, France -Summer 1994 UNIVERSITY OF FLORIDA B.S. in Psychology, May 1992 REFERENCES AVAILABLE UPON REQUEST Page 73 of
214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Danny O. Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ESTABLISHING AN ADMINISTRATIVE HEARING FEE FOR NUISANCE ABATEMENT CASES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary:
The City Council has adopted Ordinance No. 2009‐14‐186, relating to nuisance abatement, and in accordance with Ordinance No. 2009‐14‐186 it is necessary and appropriate for the City
to establish an administrative fee for nuisance abatement hearings. It is anticipated, that nuisance abatement hearings and the process involved will require a great deal of staff time
in preparing and processing of reports, and most cases are likely to require a minimum of two (2) hearings. It is being recommended by staff that an administrative fee in the amount
of One Hundred and Fifty Dollars ($150.00) be charged in each case. Proposed Action: That the City Council adopts the attached resolution establishing an administrative fee in the amount
of one hundred fifty dollars ($150.00). Attachment: None ITEM J-3) CONSENT AGENDA RESOLUTION Establishing Administrative Hearing Fees for Nuisance Abatement Cases Page 74 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ADMINISTRATIVE
HEARING FEE FOR NUISANCE ABATEMENT CASES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has adopted Ordinance No. 2009-14-186,
relating to nuisance abatement, and WHEREAS, in accordance with Ordinance No. 2009-14-186 it is necessary and appropriate for the City to establish an administrative fee for nuisance
abatement hearings, and WHEREAS, it is anticipated, that nuisance abatement hearings and the process involved will require a great deal of staff time in preparing and processing of reports,
and most cases are likely to require a minimum of two (2) hearings, and WHEREAS, it is being recommended by staff that an administrative fee in the amount of One Hundred and Fifty Dollars
($150.00) be charged in each case, 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 hereby
authorizes and approves a one hundred fifty dollars ($150.00) administrative fee for nuisance abatement hearings. Page 75 of 214
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 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 PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 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: _____ 30
Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Aaron Campbell (Yes) ___(No) 34 Councilwoman
Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André Williams (Yes) ___(No) Page 76 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman Melvin L. Bratton Department: Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXPRESSING THE CITY COUNCIL’S DESIRE THAT NO PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE,” BE RENAMED WITHOUT THE PRIOR APPROVAL OF THE CITY COUNCIL;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens was incorporated in
2003, and since that time the City has emphasized NW 183rd Street, also known as “Miami Gardens Drive,” as its major thoroughfare in the City and the focus of the City’s beautification
and development plans. The City Council and residents take pride in the name “Miami Gardens,” and in recent months the City has become aware of efforts made to rename portions of “Miami
Gardens Drive” without the approval or input of the City Council. As such, the proposed resolution formalizes the City Council’s objection to renaming any portion of Miami Gardens Drive
without the approval of the City Council. ITEM J-4) CONSENT AGENDA RESOLUTION Expressing the desire that no portion of Miami Gardens be renamed Page 77 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Melvin Bratton recommends that the City Council approve the attached resolution objecting
to renaming any portion of Miami Gardens Drive without the approval of the City Council. Attachment: None Page 78 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXPRESSING THE CITY COUNCIL’S
DESIRE THAT NO PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE,” BE RENAMED WITHOUT THE PRIOR APPROVAL OF THE CITY COUNCIL; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was incorporated in 2003, and WHEREAS, 183rd Street, also known as “Miami
Gardens Drive,” is a major thoroughfare in the City and is the City’s namesake, and WHEREAS, the City Council and residents take pride in the name “Miami Gardens,” and WHEREAS, the City
has become aware of efforts made to rename portions of “Miami Gardens Drive,” and WHEREAS, the City Council of the City of Miami Gardens objects to all efforts to rename any portion
of “Miami Gardens Drive,” without the approval of the City Council, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1.
ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 79
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Section 2. EXPRESSION: The City Council of the City of Miami Gardens hereby expresses its objection to any effort by any party to rename any portion of 183rd Street “Miami Gardens Drive”
without the prior approval of the City Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 3. INSTRUCTIONS TO THE CITY CLERK:
The City Clerk is hereby directed to provide certified copies of this Resolution to the Board of County Commissioners for Miami-Dade County, the Chairpersons of the Florida Senate and
Florida House of Representatives along with copies to Representative Oscar Braynon, II and Senator Frederica S. Wilson. 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 OCTOBER 14, 2009. _________________________________ SHIRLEY
GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: MELVIN L. BRATTON, COUNCILMAN
MOVED BY:_____________________ Page 80 of 214
1 VOTE: _____ 2 3 Mayor Shirley Gibson (Yes) ___(No) 4 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 5 Councilman Melvin L. Bratton (Yes) ___(No) 6 Councilman Aaron Campbell (Yes) ___(No)
7 Councilwoman Barbara Watson (Yes) ___(No) 8 Councilwoman Sharon Pritchett (Yes) ___(No) 9 Councilman André Williams (Yes) ___(No) Page 81 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading
2nd Reading X Public Hearing: Yes No Yes No X Funding Source: General Fund: Events and Media Advertising Requirement: Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid
#: X NA Sponsor Name City Manager Councilman Melvin L. Bratton Department: Mayor and Council/Events and Media 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 FOR THE CITY TO CONDUCT A 2010 MISS MIAMI GARDENS PAGEANT, INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA
PAGEANT SCHOLARSHIP, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens has been an official partner of the Miss
Florida Pageant Scholarship, Inc. (MFPS) since 2007, by design, making us an official affiliate member of the Miss America Organization (MAO). Through the partnership with the MFSP,
the City of Miami Gardens has established its own annual local Miss Miami Gardens Scholarship Pageant (MMGSP). In February 2010, we seek to host the fourth annual Miss Miami Gardens
Scholarship Pageant. In alignment with the vision of the MAO, the MMGSP seeks various avenues to assist young ladies in gaining access and exposure to educational opportunities, scholarship
funds, professional development opportunities and personal improvement opportunities. The Miss Miami Gardens Pageant has grown to be quite successful year after year. In its third year,
participation grew as well as event attendance. Ten (10) young ladies participated in the 2009 event and we sold out the seats in the theater venue where the pageant was held (450 seats).
Moving into its fourth year we anticipate more ITEM J-5) CONSENT AGENDA RESOLUTION 2010 Miss Miami Gardens Page 82 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 participation than in the previous years as the pageant is becoming widely popular among the young ladies within
the City of Miami Gardens. Thus far the City of Miami Gardens has produced three Miss Miami Gardens Scholarship Pageants at an annual estimated cost of $42,000. This year’s estimated
budget is $40,000. Proposed Action: It is recommended that the City Council adopt the attached resolution, authorizing the City Manager to take any and all steps necessary to produce
the Fourth Annual Miss Miami Gardens Scholarship Pageant. Attachment: None. Page 83 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO CONDUCT A 2010 MISS MIAMI GARDENS PAGEANT, INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA PAGEANT SCHOLARSHIP, INC.;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, since 2007, the City of Miami Gardens has hosted the Miss Miami Gardens Pageant in conjunction with
the Miss Florida Pageant Scholarship, Inc., and WHEREAS, the City Council would like to host the Pageant this year and would like to authorize the City Manager to take all steps necessary
to continue hosting the Pageant, 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 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 take any and all steps necessary in order to host a 2010 Miss Miami Gardens Pageant. Section 3. EFFECTIVE DATE: This
Resolution shall take effect immediately upon its final passage. Page 84 of 214
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 2009. 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 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY
ATTORNEY SPONSORED BY: MELVIN L. BRATTON, COUNCILMAN MOVED BY:_____________________ VOTE: _____ 29 Mayor Shirley Gibson (Yes) ___(No) 30 Vice Mayor Oliver Gilbert, III (Yes) ___(No)
31 Councilman Melvin L. Bratton (Yes) ___(No) 32 Councilman Aaron Campbell (Yes) ___(No) 33 Councilwoman Barbara Watson (Yes) ___(No) 34 Councilwoman Sharon Pritchett (Yes) ___(No) 35
Councilman André Williams (Yes) ___(No) 36 37 38 Page 85 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF EIGHT HUNDRED AND ONE THOUSAND, TWO HUNDRED AND FORTY SIX DOLLARS ($801,246.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff
Summary: The Miami Gardens Police Department has applied for and been awarded grant funding from the United States Department of Justice in the amount of $801,246. These funds are to
be used in furtherance of crime prevention initiatives throughout the Department. The funding will be utilized to staff the Grinch Busters Program as well as events surrounding the NCAA
Orange Bowl and NFL Pro and Super Bowls. In addition the funds will be utilized to conduct enforcement sweeps and 12 DUI Checkpoints during the year. Funds will also be utilized to administer
the grant and as a supplement to the General Fund Budget under the “Budget Stabilization” provision. The funds from this grant award will significantly assist the Department in its endeavor
to continually impact criminal activity and be progressive in the deployment of our personnel. Due to the time sensitivity associated with the distribution of these funds from the Federal
Government, the City was required to return the grant contract before October 5, 2009, thereby making it necessary for the City Manager to sign and submit the grant document before the
next regularly scheduled City Council meeting. As such, staff is requesting that the City Council approve the grant award “nunc pro tunc”. ITEM J-6) CONSENT AGENDA RESOLUTION Accepting
a grant from The U.S. Dept. of Justice Page 86 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approve the attached resolution authorizing the “nunc pro tunc” approval
for the City Manager to execute a contract with the United States Department of Justice allowing the Miami Gardens Police Department to utilize the $801,246 allocated by this grant Attachment:
Byrne Grant Contract Byrne Grant Abstract Page 87 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING A GRANT IN
THE AMOUNT OF EIGHT HUNDRED AND ONE THOUSAND, TWO HUNDRED AND FORTY SIX DOLLARS ($801,246.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND
ALL STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens has applied for
and been awarded grant funding from the United States Department of Justice in the amount of Eight Hundred and One Thousand Two Hundred Forty Six Dollars ($801,246.00), and WHEREAS,
these funds are to be used in furtherance of crime prevention initiatives throughout the Department, and WHEREAS, the funding will be utilized to staff the Grinch Busters Program as
well as events surrounding the NCAA Orange Bowl, NFL Pro and Super Bowls, and WHEREAS, due to time constraints associated with the distribution of these funds from the Federal Government,
the City was required to return the application prior to the next regularly scheduled Council Meeting, and WHEREAS, staff requests that the City Council approves this grant award nunc
pro tunc, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 88 of 214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the
City Manager to execute any and all documents necessary in order to accept funding in the amount of Eight Hundred and One Thousand Two Hundred and Forty Six Dollars ($801,246.00) from
the United States Department of Justice and further authorizes him to execute any and all documents that are necessary in order to accept the funds from the United States Department
of Justice. Section 3. NUNC PRO TUNC EFFECT: This resolution shall be effective as of October 5, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON OCTOBER 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA
KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Page 89 of 214
1 MOVED BY:_____________________ 2 3 4 5 6 7 VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Oliver Gilbert III (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No)
11 Councilman Aaron Campbell (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No) 15 16
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Attachment 4 Abstract The Miami Gardens Police Department has been in operation since December 16, 2007. Since that time the Department has implemented an operating process that has
resulted in a crime reduction of 19%. The Department is requesting funding from the Byrne Grant to implement the Miami Gardens Police Department Enhanced Deployment Operation for FY
2009 /2010. The Department will utilize these funds to coordinate a variety of enforcement initiatives aimed at increasing public safety and crime reduction strategies. During the past
year the Department has undertaken initiatives in the area of violent crime reduction, traffic and pedestrian safety and crime prevention awareness. Many of these initiatives have been
completed through the use of grant funds obtained from various entities. The operational plans to be implemented have many components but have placed primary emphasis on the goal of
providing a community culture of safety. Strategies of this plan include the initiation of DUI Checkpoints, Crime Reduction Sweeps and an emphasis on the clearing of violent crime cases.
Funding from this allocation will go to the furtherance of these strategies which will be a major element of meeting the plan’s goals as follows: • Twelve (12) All Out Initiatives-Aimed
at reducing violent crimes by 3% and property crimes by 4% • Six (6) DUI Checkpoint Initiatives-Achieve an increase in DUI Arrests by 5% • Funding of protracted and complex investigations-Funding
will be used to achieve clearance rates at or above the national average for targeted crimes. • Enhanced Operations NFL Events-Deliverables include providing a safe and secure environment
for visitors and participants to the City of Miami Gardens. In addition, the City has faced financial challenges due to the economic downturn of the Country. It is anticipated that tax
revenues will be reduced by 5% which will result in budget cuts throughout the City. Line items that cannot be drastically reduced will impact other tangible line items such as overtime.
It is in that vain that funding form this grant will partially find the Department’s overtime line item in order to maintain a high level of service to the community. 1 Page 1 of 1 Page
107 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF ONE HUNDRED NINETY FOUR THOUSAND, SEVEN HUNDRED TWENTY DOLLARS ($194,720.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff
Summary: The Miami Gardens Police Department has applied for and been awarded grant funding from the United United States Department of Justice in the amount of $194,720. These funds
are to be used in furtherance of enhanced operation initiatives throughout the Department. The funding will be utilized to supplement the overtime budgets of the Investigations, Training,
Operations and Community Policing Divisions to carry out additional enforcement operations and training classes. The funds from this grant award will significantly assist the Department
in its endeavor to continually impact criminal activity and be progressive in our training activities. Due to the time sensitivity associated with the distribution of these funds from
the Federal Government, the City was required to return the grant contract before October 5, 2009, thereby making it necessary for the City Manager to sign and submit the grant document
before the next regularly scheduled City Council meeting. As such, staff is requesting that the City Council approve the grant award “nunc pro tunc”. Proposed Action: ITEM J-7) CONSENT
AGENDA RESOLUTION Accepting a grant from the U.S. Dept. of Justice Page 108 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 That the City Council approve the attached resolution authorizing the City Manager to execute a contract with the
United States Department of Justice allowing the Miami Gardens Police Department to utilize the $194,720 allocated
by this grant “nunc pro tunc”. Attachment Byrne Grant Contract Byrne Grant Abstract Page 109 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING A GRANT
IN THE AMOUNT OF ONE HUNDRED NINETY FOUR THOUSAND, SEVEN HUNDRED TWENTY DOLLARS ($194,720.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND
ALL STEPS NECESSARY IN ORDER TO ACCEPT THE GRANT AWARD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens has applied for
and been awarded grant funding from the United States Department of Justice in the amount of One Hundred Ninety Four Thousand Seven Hundred and Twenty Dollars ($194,720.00), and WHEREAS,
these funds are to be used in furtherance of enhanced operation initiatives throughout the Department, and WHEREAS, the funding will be utilized to supplement the overtime budgets of
the Investigations, Training, Operations and Community Policing Divisions, and will allow them to carry carry out additional enforcement operations and training classes, and WHEREAS,
due to time constraints associated with the distribution of these funds from the Federal Government, the City was required to return the application prior to the next regularly scheduled
Council Meeting, and WHEREAS, staff requests that the City Council approves this grant award nunc pro tunc, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: Page 110 of 214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the
City Manager to execute any and all documents necessary in order to accept funding in the amount of One Hundred Ninety Four Thousand Seven Hundred and Twenty Dollars ($194,720.00) from
the United States Department of Justice and further authorizes him to execute any and all documents that are necessary in order to accept the funds from the United States Department
of Justice. Section 3. NUNC PRO TUNC EFFECT: This resolution shall be effective as of October 5, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON OCTOBER 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA
KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Page 111 of 214
1 MOVED BY:_____________________ 2 3 4 5 6 VOTE: _____ 7 Mayor Shirley Gibson (Yes) ___(No) 8 Vice Mayor Oliver Gilbert III (Yes) ___(No) 9 Councilman Melvin L. Bratton (Yes) ___(No)
10 Councilman Aaron Campbell (Yes) ___(No) 11 Councilwoman Barbara Watson (Yes) ___(No) 12 Councilwoman Sharon Pritchett (Yes) ___(No) 13 Councilman André Williams (Yes) ___(No) 14 15
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Attachment 4 Abstract The Department is requesting funding from the Byrne Grant to implement the Miami Gardens Police Department Focus on Public Safety for FY 09 /10. The Department
will utilize these funds to coordinate a variety of operational initiatives aimed at increasing public safety and crime prevention/reduction strategies. During the past year the Department
has undertaken initiatives in the area of violent crime reduction, traffic and pedestrian safety and crime prevention awareness. The operational plans to be implemented have many components
but have placed primary emphasis on the goal of providing a community culture of safety. Funding from this allocation will go to the furtherance of public safety which will be a major
element of meeting the plan’s goals which are: • Providing a safe environment for holiday shoppers throughout the City by implementing the “Grinch Buster Program” from November 27 thru
December 31, 2009. The goal of this program will be to reduce robberies and auto thefts by 10% during this time period as compared to 2008. • The Department will enhance its effectiveness
by increasing the numbers of physical apprehensions made and in turn reduce crime by conducting arrest sweeps in the Investigations Division. These monthly sweeps will target those wanted
for a variety of crimes including robbery, burglary and domestic violence. By dedicating resources to the apprehension of offenders the Unit will seek to raise arrest clearance rates
in these targeted areas by 5% as compared to 2008. • The Operations Division will utilize the funding to proactively address criminal activity with emphasis on juvenile related crime.
The Division will implement enforcement initiatives targeting truants and juvenile curfew violations in addition to special details targeting traffic enforcement and high visibility
patrol. The goal of this initiative will to increase the number of truants returned and curfew violations by 10%. • Training will be conducted with the Department’s SWAT trained officers
to enhance their readiness for potential terrorist or emergency response incidents. The Department currently employs no formal SWAT Team but has a cadre of SWAT trained officers. Funding
will be utilized to conduct emergency response training on a monthly basis for these officers to ensure operational readiness for any critical incident. • The Department is currently
engaged in minor forms of Community Policing with the intention of enhancing the program though additional funding sources. Funding will be utilized to enhance the operation of the current
Community Service Unit through their attendance at Community Forums and events. Officers will target a goal of initiating five new Neighborhood Watch Programs and increasing participation
in the Zero Tolerance Program by 100 new businesses. Page 1 of 1 Page 124 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP#0809003 Supplemental Insurance Benefits X Sponsor Name Dr. Danny Crew Department: Human Resources Department Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR LONG AND SHORT TERM DISABILITY SUPPLEMENTAL INSURANCE TO THE STANDARD INSURANCE COMPANY; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City recognizes the importance of a comprehensive employee benefits portifolio. Employees have
requested additional benefits to supplement the benefits currently being offered by the City. These additional benefits are long term disability (LTD) and short term disability (STD)
insurance. The employees will be offered the option of selecting LTD and/or STD insurance benefits. The employee will be responsible for the entire cost of the additional benefits. City
staff prepared specificitations for a model program for LTD, STD and other supplemental benefits, i.e. accident, hospitalization, cancer, etc. and advertised RFP#08‐09‐003 on May 12,
2009. A broadcast notice was sent to 716 suppliers, tweny‐nine proposals were requested. Six proposals were received and publically opened and read on June 4, 2009. A copy of the proposal
document and submittals are available at the Assistant to the Mayor and Council’s office for review. ITEM J-8) CONSENT AGENDA RESOLUTION Awarding a bid to The Standard Insurance Company
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In order to evaluate each proposals submitted, City staff requested the outside professional services of Silver
Insurance Consultants to review the proposals and provide the evaluation committee with a detailed comparision of each proposer’s program(s). Silver Insurance Consultants is an independent
firm specializing in employee insurance benefits, located in St. Petersburg, Florida. A selection/evaluation committee consisting of Taren Kinglee, Human Resources Director, Traneka
Taylor, Benefits Coordinator, Ronald McKenzie, Information Technology Director, and Diane Hendricks, Police Officer were provided an evaluation ranking sheet, proposals, copy of the
solicitation, detailed comparision prepared by Silver Insurance and instructions as to the ranking process. An evaluation meeting was held on July 23, 2009 to discuss the different models.
Representatives from Silver Insurance attended the meeting via telephone conference. The committee committee had several questions for the representatives from Silver Insurance. The
evaluation ranking sheets were combined and totaled. A second meeting was held on August 15, 2009 where the committee members reviewed the scores and agreed that The Standard Insurance
Company was the top ranked company for both LTD and STD supplemental insurance benefits. The top ranked compies are as follows: Long Term Disability Insurance Short Term Disability Insurance
Standard Insurance Co 144 Standard Insurance Co 142 Aflac 112 Alfac 110 Lincoln Financial 73 Lincoln Financial 104 Mutual of Omaha 90 Mutual of Omaha 96 Hartford Insurance 93 Hartford
Insurance 76 Unum 93 Unum 81 Proposed Action: That the City Council approve the attached resolution awarding the LTD and STD Supplemental Insurance Benefits to The Standard Insurance
Company, located in Tampa, Florida with the agent of record of LB Bryan & Company, located in St. Augustine, Florida and McKinley Financial Services, Inc., located in Ft. Lauderdale,
Florida in accordance with RFP#08‐09‐003. Attachment: Exhibit A: LTD & STD Comparisions prepared by Silver Insurance Consultants Exhibit B: LTD & STD References Exhibit C: Evaulation
Ranking Sheets Page 126 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR
LONG AND SHORT TERM DISABILITY SUPPLEMENTAL INSURANCE TO THE STANDARD INSURANCE COMPANY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City
would like to offer short and long term disability insurance benefits to its employees, and WHEREAS, City staff prepared specifications for short and long term disability benefits, and
advertised the same in accordance with RFP #08-09-003 on May 12, 2009, and WHEREAS, six proposals were received and publically opened and read on June 4, 2009, and WHEREAS, a staff committee
reviewed the proposals and based on the evaluation have determined that Standard Insurance Company provides the best benefit at the best cost to the employees, and WHEREAS, city employees
will have the option of selecting long and/or short term disability benefits and the cost of all coverage shall be borne by the individual employee, 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 127 of 214
Section 2. AWARD: The City Council of the City of Miami Gardens hereby awards a bid for long term and short term disability supplemental insurance benefits to the Standard Insurance
Company in accordance with RFP #08-09-003. The City Manager is hereby authorized to execute any and all agreements necessary in order to provide said insurance coverage to the City’s
employees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 OCTOBER 14, 2009. _________________________________ SHIRLEY
GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:_____________________ Page 128 of 214
1 VOTE: _____ 2 3 Mayor Shirley Gibson (Yes) ___(No) 4 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 5 Councilman Melvin L. Bratton (Yes) ___(No) 6 Councilman Aaron Campbell (Yes) ___(No)
7 Councilwoman Barbara Watson (Yes) ___(No) 8 Councilwoman Sharon Pritchett (Yes) ___(No) 9 Councilman André Williams (Yes) ___(No) 10 11 12 Page 129 of 214
LTD COVERAGE CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
1 Is there a minimum participation? 23 Employee Eligibility Requirement? 45 If participation falls below the minimums, indicate what will happen. 67 1 Upon termination of the proposed
contract, does the proposal provide for employees who are not at work on the contract termination date due to approved sick leave but who have not applied for benefits due to disability?
89 a Does the proposal provide coverage for employees who have applied for benefits due to disability but have not been approved? 10 11 b Does the proposal provide coverage for employees
who are on approved leave due to disability? 12 13 2 List "Other Income Benefits" which the plan does not integrate. 14 COVERAGE QUESTIONS Line # Lincoln Financial Group 954-894-0077
ext. 109 Unum Tim Rappold Daniel Rood Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard Senior Sales Consultant A+ XV (negative outlook) A+ XIII (stable)
A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant 954-916-6813 954-689-6590 407-420-6759 954-771-5530
813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com McKinley
Financial Services LB Bryan & Company and McKinley Financial Services McKinley Financial Services LB Bryan & Company and McKinley Financial Sapoznik Insurance and Associates Services
25% of eligible group No "Minimum requirement of 30 hours" Affected lines of coverage will terminate at renewal No Yes Individual LTD coverage 25% of eligible group We reserve the right
to re-rate the coverage Yes No No Information not provided 25% If, after an aggressive enrollment campaign, minimum participation is still less than 25%, we will negotiate with you to
either reduce the rate guarantee period, alter the benefit structure or re-rate the plan. Yes, for disability coverage, employees will not ordinarily lose coverage due to a change in
carriers but a possible medical leave could signal the beginning of a disability claim which would be the liability of the prior carrier. No, employees who have applied for benefits
before our benefit effective date will be the responsibility of the prior carrier Yes Individual disability policies Paper enrollment = 25%; Electronic enrollment = no minimum participation
"An active employee of the Employer working 20 hours per week" If participation falls under 25% from paper enrollment then we can terminate the contract Yes, if the individual was covered
as a member at the time they went out on sick leave prior to the termination of the City's contract with The Standard N/A No, require an Active Work Requirement (AWR) that requires employees
to be capable of active work on the day before the effective date of takeover coverage. An employee employee on vacation but capable of work would be covered under The Standard's policy
on the effective date Cost of living increase, Reimbursement for hospital, medical or surgical expense, Reasonable attorney fees, Benefits from any individual disability policy, Early
retirement benefits under Social Security which are not actually received, Group credit or mortgage disability insurance benefits, Accelerated death benefits under a life insurance policy,
and others (see proposal) 25% for each plan offered ; *Note -There are higher rates available if lower participation standards wanted "All active full-time" employees working 30 hours
or more" We may cancel or offer to modify the policy or plan if there is less than 25% participation of those eligible employees who pay for all or part of their premium for a plan Yes
Yes Yes 401k plans, Profit sharing plans, Thrift plans, Tax sheltered annuities, Stock ownership plans, Non-qualified plans of deferred compensation, Pension plans for partners, Military
pension pension and disability income plans, Credit disability insurance, Franchise disability income plans, Retirement from another employer, IRAs, Individual disability income plans,
No-fault motor vehicle plans, Salary continuation or accumulated sick leave plans "Working a minimum of 30 hours per week" "All active Full-time and Part-time employees; Minimum eligibility
-20 hours per week" Prepared by Siver Insurance Consultants 07/20/2009 Page 1 Page 130 of 214
LTD COVERAGE CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
COVERAGE QUESTIONS Line # Lincoln Financial Group 954-894-0077 ext. 109 Unum Tim Rappold Daniel Rood Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard
Senior Sales Consultant A+ XV (negative outlook) A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits
Consultant 954-916-6813 954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 tim.rappold@lfg.com dan.rood@mutualofomaha.com
Not provided jhayer@standard.com lmulcrone@unum.com McKinley Financial Services LB Bryan & Company and McKinley Financial Services McKinley Financial Services LB Bryan & Company and
McKinley Financial Sapoznik Insurance and Associates Services 15 3 Identify the benefit integration sources 16 a -Primary Social Security 17 b -Full Family Social Security 18 c -Gov't
pension/retirement plan 19 d -Employer group pension/retirement plan 20 e -Group disability income plan 21 f -Gov't disability plan including Workers' Comp 22 g -Individual disability
income plan 23 h -Other 2245 4 Optional benefit riders included in the rate: 2267 5 Optional benefit riders not included in the rate: 28 29 6 Proposed plan benefits: 30 a -Elimination
period 31 b -Minimum monthly benefit 32 c -Maximum benefits 33 d -Own occupation period 34 e -Pre-existing condition period prior to effective date 35 f -Pre-existing condition period
after effective date 36 g -Social security integration method 37 h -Premium waiver 38 i Age wavier of premium ceases 39 j Reduced benefit duration begins 40 k 24 hour coverage? 41 l
Per occurrence mental or nervous coverage? 42 m Pregnancy covered as any other illness? 43 n Alcoholism and substance abuse covered as any other illness? 44 o Partial/residual benefits?
45 Yes Yes Yes Yes Yes Yes No N/A Progressive Income Benefit, LINKS program, FICA match service, EAP, Dedicated Account Manager Third Party Subrogation, EAP Plus 90 and 180 day options
$100 $5,000 24 months 12 months 12 months Primary 6 months before waiver begins When benefits are no longer payable Age 65 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Any amount
from a third party, Any amount payable as salary continuance, sick leave or severance allowance Information not provided Information not provided 90 and 180 day options $100 $5,000 24
months 3 months 12 months Family "Included" but does not state terms Information not provided Age 62 Information not provided Yes Information not provided Information not provided Yes
Yes Yes Yes Yes Yes Yes No N/A N/A N/A 120 and 180 day options $50 $5,000 24 months 6 months 12 months Family 6 months Standard to normal retirement age if disabled prior to age 60 Enhanced
ADEA1 with SSRNA Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Please refer to sample contract for wording of "Deductible Income" Assisted Living Benefit, Reasonable Accommodation Benefit
N/A 90 days $100 $5,000 24 months 3 months 12 months Full Family 3 months N/A N/A Yes No (Lifetime benefit) Yes No (Lifetime benefit) Yes Yes Yes Yes Yes Yes Yes No The amount you receive
or are entitled to receive under Workers' Compensation, occupational disease law, any act or law with similar intent, automobile liability insurance policy Accelerated elimination period,
Work incentive benefit, Work-Life balance, Worldwide emergency travel assistance program, Dependent care benefit, Full maternity benefits, Indexed pre-disability earnings, Waiver of
premiums, 12 month re-hire provision N/A 90, 120 and 180 day options $100 $5,000 24 months 12 months 24 months Primary and Family 1st day of receiving disability payments When LTD payments
stop SSRA Yes Yes Yes No Yes Prepared by Siver Insurance Consultants 07/20/2009 Page 2 Page 131 of 214
LTD COVERAGE CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
COVERAGE QUESTIONS Line # Lincoln Financial Group 954-894-0077 ext. 109 Unum Tim Rappold Daniel Rood Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard
Senior Sales Consultant A+ XV (negative outlook) A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits
Consultant 954-916-6813 954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 tim.rappold@lfg.com dan.rood@mutualofomaha.com
Not provided jhayer@standard.com lmulcrone@unum.com McKinley Financial Services LB Bryan & Company and McKinley Financial Services McKinley Financial Services LB Bryan & Company and
McKinley Financial Sapoznik Insurance and Associates Services 46 7 Definition of Disability 47 48 48 8 General policy exclusions and limitations 49 50 9 Additional Information to consider?
51 52 53 Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply 54 Prohibition of Warranty 55 Rerating
Endorsement 56 Termination of Adverse Change Endorsement 57 Sole Agent Endorsement 58 Contract Period X X X X X 59 Rate Guarantee Period X X X X X 60 Scope of Coverage X X X X 61 Eligibility
X X X X X 62 Coverage Requirements X X X X X 63 Service Requirements X X X 64 Comments on Deviations: Total Disability -insured person's inability, due to sickness or injury, to perform
the material and substantial duties of his/her regular occupation during the first 12 months of disability and any work or occupation for which he/she is reasonably qualified or trained
after 12 months of disability War, Self-inflicted injury, Not under the regular care of a physician Sample program announcement letter, Payroll stuffers, Posters, Enrollment materials,
Online services for the employer and employee N/A N/A N/A Not Provided Not Provided Information not provided War, Participation in a riot, Commission of a felony, Selfinflicted injury,
Suicide, Alcohol and drug abuse except as specifically provided in the schedule of benefits, Mental disorders except as provided in the schedule of benefits Information not provided
N/A N/A N/A N/A Terms of disability and disabled: During the elimination period, the claimant cannot perform one or more of the essential duties of his/her occupation; For the next 24
months following the elimination period, the claimant cannot perform one or more of the essential duties of his/her occupation as a result the current monthly earnings are less than
60-80% indexed pre-disability earnings; After that, the claimant is prevented from performing one or more of the essential duties of any occupation Must be under care of a physician,
War, Commission of a felony, Engaged in an illegal occupation, Self-inflicted injury The following areas are not addressed in the RFP: Prohibition of Warranty Endorsement, Rerating Endorsement,
Termination of Adverse Change Endorsement and Sole Agent Endorsement. Hartford's Rehabilitation Program N/A N/A N/A N/A (Paraphrased) Cannot perform the material duties of your own occupation
and suffer a 20% earnings loss War, Self-inflicted injury, Pre-existing, Commission of a felony, Mental Disorder other than in schedule of benefits, Substance abuse other than in schedule
of benefits, Must be under care of a physician, Foreign residency, Imprisonment 2 year regular occupation 12/12/24 pre-existing condition, 24 months mental illness, Self-inflicted injury,
Participation in a riot, Loss of professional license, Commission of a crime, War, Incarceration N/A N/A N/A Need to discuss Active at Work and we will not cover currently disabled employees
The Standard will pay an 80% benefit in the event of a loss of two of six activities of daily living or a severe cognitive impairment (Assisted Living Benefit) DEVIATIONS FROM PROGRAM
N/A N/A N/A N/A N/A N/A N/A Prepared by Siver Insurance Consultants 07/20/2009 Page 3 Page 132 of 214
LONG TERM DISABILITY COSTS CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number
Email AGENT 1 How many options offered? 23456789 Rate Guarantee: 10 11 12 13 14 Elimination Period: 15 Monthly Rate: 16 17 18 15-24 19 25-29 20 Less than 30 21 30-34 22 35-39 23 40-44
24 45-49 25 50-54 26 55-59 27 60-64 28 65-69 29 70-74 30 75-99 31 or 70 and over 32 33 34 $3,000/month 35 1 25 year old 36 2 35 year old 37 3 45 year old 38 4 55 year old 39 5 60 year
old 40 n/a $0.62 $2.66 Not offered $1.76 n/a Not offered n/a $5.40 $4.44 $2.48 $1.96 $1.31 $0.90 $0.17 $1.27 $0.63 $0.91 $2.30 $3.77 $4.26 $3.06 n/a $1.63 $127.80 $69.00 $27.30 $113.10
n/a n/a Monthly Premium $0.45 $2.30 $1.50 $13.50 $0.19 $0.25 $0.36 $0.53 n/a $0.77 $1.09 $1.44 $1.68 $1.60 $1.85 $48.00 $50.40 Monthly Premium $7.50 $15.90 $32.70 $2.62 Monthly Premium
$6.90 $18.60 $39.30 $78.60 $79.80 $0.23 $0.35 n/a $0.37 $0.23 n/a Composite Rate Step Rates $1.81 $1.92 $2.37 n/a $0.51 $0.69 $0.99 $1.38 $54.30 $57.60 Monthly Premium $6.90 $15.30 $29.70
n/a $2.56 Not offered Step Rates Sample Option 1 = 60%/90 Days Composite Rate $0.23 Not offered Line # Option 1 -BASIC 60% BENEFIT COST INFORMATION 90 Days Not offered Six (6) options
a) 60% /90 days 24 months b) 60% /120 days c) 60% /180 days d) 66 2/3% /90 days e) 66 2/3% /120 days f) 66 2/3% /180 days One (1) Option a) 60% /90 days 15 Months Four (4) Options a)
60% /120 days 15 Months c) 66 2/3% /120 days b) 60% /180 days d) 66 2/3% /180 days 24 Months Two (2) Options a) 60% /90 days 27 Months Two (2) Options a) 60% /90 days Step Rates Composite
Rate b) 60% /180 days b) 60% /180 days Step Rates Composite Rate Composite Rate Step Rates Not offered Not offered McKinley Financial Services LB Bryan & Company and McKinley Financial
Services McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services tim.rappold@lfg.com dan.rood@mutualofomaha.com 954-894-0077
ext. 109 954-916-6813 Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5530 813-785-7822 954-916-6868 954-771-5221 ext. 65142 813-878-0273 A+ XIII (stable) 407-420-6755 Senior
Sales Consultant A XV (negative outlook) A XII (stable) A-XIII (stable) Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha
The Hartford The Standard Unum Tim Rappold Daniel Rood Lincoln Financial Group A+ XV (negative outlook) National Sales Director 954-689-6590 407-420-6759 Prepared by Siver Insurance
Consultants 07/20/2009 Page 1 Page 133 of 214
LONG TERM DISABILITY COSTS CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number
Email AGENT Line # McKinley Financial Services LB Bryan & Company and McKinley Financial Services McKinley Financial
Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services tim.rappold@lfg.com dan.rood@mutualofomaha.com 954-894-0077 ext. 109 954-916-6813 Not provided
jhayer@standard.com lmulcrone@unum.com 954-771-5530 813-785-7822 954-916-6868 954-771-5221 ext. 65142 813-878-0273 A+ XIII (stable) 407-420-6755 Senior Sales Consultant A XV (negative
outlook) A XII (stable) A-XIII (stable) Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard Unum Tim
Rappold Daniel Rood Lincoln Financial Group A+ XV (negative outlook) National Sales Director 954-689-6590 407-420-6759 41 42 Elimination Period: 43 Monthly Rate: 44 45 46 15-24 47 25-29
48 Less than 30 49 30-34 50 35-39 51 40-44 52 45-49 53 50-54 54 55-59 55 60-64 56 65-69 57 70-74 58 75-99 59 or 70 and over 60 61 62 $3,000/month 63 1 25 year old 64 2 35 year old 65
3 45 year old 66 4 55 year old 67 5 60 year old 68 Composite Rate Step Rates Not offered $0.19 Not offered Composite Rate Step Rates Not offered Not offered Step Rates Composite Rate
$1.18 Not offered $1.99 n/a n/a $1.99 Step Rates Composite Rate Monthly Premium $6.60 $12.00 $35.40 $63.30 $64.50 $1.71 $0.22 $2.11 $2.15 n/a $0.28 $0.40 $0.71 Composite Rate n/a $0.33
$0.50 $0.16 Step Rates $0.21 $0.67 $1.76 $1.87 $1.35 $0.97 $2.38 n/a n/a $52.80 $56.10 Not offered Monthly Premium $6.30 $15.00 $29.10 Not offered $2.52 Not offered Not offered Not offered
Option 2 -BASIC 60% BENEFIT Sample Option 2 = 60%/120 Days 120 Days Not offered Prepared by Siver Insurance Consultants 07/20/2009 Page 2 Page 134 of 214
LONG TERM DISABILITY COSTS CITY OF MIAMI GARDENS Long Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number
Email AGENT Line # McKinley Financial Services LB Bryan & Company and McKinley Financial Services McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates
Financial Services tim.rappold@lfg.com dan.rood@mutualofomaha.com 954-894-0077 ext. 109 954-916-6813 Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5530 813-785-7822 954-916-6868
954-771-5221 ext. 65142 813-878-0273 A+ XIII (stable) 407-420-6755 Senior Sales Consultant A XV (negative outlook) A XII (stable) A-XIII (stable) Account Executive Senior Employee Benefits
Consultant Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard Unum Tim Rappold Daniel Rood Lincoln Financial Group A+ XV (negative outlook) National Sales
Director 954-689-6590 407-420-6759 69 70 71 Elimination Period: 72 Monthly Rate: 73 74 75 15-24 76 25-29 77 Less than 30 78 30-34 79 35-39 80 40-44 81 45-49 82 50-54 83 55-59 84 60-64
85 65-69 86 70-74 87 75-99 88 or 70 and over 89 90 91 $3,000/month 92 1 25 year old 93 2 35 year old 94 3 45 year old 95 4 55 year old 96 5 60 year old n/a Composite Rate $2.98 $3.37
$2.42 $1.82 $1.00 $0.72 $0.49 $0.35 n/a n/a $1.82 $1.19 n/a $0.28 Step Rates Composite Rate $0.65 $0.40 $0.20 $0.15 $1.25 $1.25 n/a $1.15 $0.90 $1.25 $1.25 n/a $0.24 n/a $0.32 $0.80
$0.45 $1.90 $2.33 $2.32 $2.18 n/a $1.32 $0.56 n/a $0.27 $0.41 Composite Rate $2.22 n/a $1.50 Not offered Not offered $1.62 Not offered $1.14 $0.16 180 Days $2.22 n/a Not offered Not
offered $0.82 Sample Option 3 = 60%/180 Days NOTE: Cigna and Sun Life proposals were deemed Non-Responsive and not compared on the spreadhsheet $24.60 $45.00 $48.60 Monthly Premium $4.80
$12.30 $0.12 Step Rates Not offered Step Rates Composite Rate $39.60 $69.90 $69.60 Monthly Premium $7.20 $13.50 n/a $2.18 Step Rates Composite Rate $0.20 $27.00 $37.50 $37.50 Monthly
Premium $6.00 $12.00 $89.40 Option 3 -BASIC 60% BENEFIT $54.60 $101.10 Monthly Premium $10.50 $21.60 Not offered Step Rates $1.28 Prepared by Siver Insurance Consultants 07/20/2009 Page
3 Page 135 of 214
STD COVERAGE CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
1 Is there a minimum participation? 23 Employee Eligibility Requirement? 45 1 Upon termination of the proposed contract, does the proposal provide coverage for employees who are not
at work on the contract termination date due to approved sick leave but who have not yet applied for short-term disability benefits? 67 a Does the proposal provide coverage for employees
who have applied for benefits due to disability but have not been approved? 89 b Does the proposal provide coverage for employees who are on approved leave due to disability? 10 11 c
Does your proposal provide for the employer to deduct federal withholding amounts? Yes Yes N/A for voluntary Yes 12 13 2 List "Other Income Benefits" which the plan does not integrate.
14 Information provided on which income benefits they do integrate with. See "STD <D Other Income Benefits" page within the proposal. N/A -Voluntary STD does not require federal withholding
Yes Anything that is not listed under #3 below 401k plans, Profit sharing plans, Thrift plans, Tax sheltered annuities, Stock ownership plans, Non-qualified plans of deferred compensation,
Pension plans for partners, Military pension and disability income plans, Credit disability insurance, Franchise disability income plans, Retirement from another employer, IRAs, Individual
disability income plans Yes Yes 25% 25% Yes Yes Yes, as long as they have coverage with The Standard Paper enrollment = 25%; Electronic enrollment = no minimum participation Yes, for
disability coverage, employees will Yes not ordinarily lose coverage due to a change in carriers but a possible medical leave could signal the beginning of a disability claim which would
be the liability of the prior carrier. No, employees who have applied for benefits before our benefit effective date will be the responsibility of the current carrier Yes The Hartford
does not integrate individual disability policies No No 15% of eligible group Yes Cost of living increase, reimbursement for hospital, medical or surgical expense, reimbursement for
attorney fees or other reasonable costs of claiming Other Income Benefits, group credit or mortgage disability insurance, early retirement benefits that are not elected or received under
federal Social Security Act or other Government Retirement Plan, any amounts under the Employer's Retirement plan, benefits from a 401k, profitsharing or thrift plan, IRA, tax-sheltered
annuity, vacation pay, holiday pay, severance pay, disability income benefits under an individual policy Yes Yes 15% of eligible group No No Aflac does not coordinate benefits. We pay
benefits in addition to any other insurance the policyholder may have. No No -each policy is individually owned No No Agent/Broker McKinley Financial Services LB Bryan & Company and
McKinley Sapoznik Insurance and Associates Financial Services McKinley Financial Services LB Bryan & Company and McKinley Financial Services corporatebids@aflac.com tim.rappold@lfg.com
dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-916-6813 706-320-4659 954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868 407-420-6755
954-771-5221 ext. 65142 813-878-0273 Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National
Sales Director Account Executive Senior Employee Benefits Consultant Unum Deborah Griffin Tim Rappold Daniel Rood Chris Dudley Jarod Hayer Logan Mulcrone Mutual of Omaha The Hartford
The Standard COVERAGE QUESTIONS Line # Aflac Lincoln Financial Group 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109 "Minimum requirement of 30 hours" "Working a minimum
of 30 hours per week" "All active full-time" employees working 30 hours or more" "All active Full-time and Part-time employees; Minimum eligibility -20 hours per week" "An active employee
of the Employer Employer working 20 hours per week" Prepared by Siver Insurance Consultants 07/20/2009 Page 1 Page 136 of 214
STD COVERAGE CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
No Agent/Broker McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services McKinley Financial Services LB Bryan & Company and McKinley
Financial Services corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-916-6813 706-320-4659 954-689-6590 407-420-6759
954-771-5530 813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative
outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Unum Deborah Griffin Tim Rappold Daniel Rood Chris Dudley Jarod
Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard COVERAGE QUESTIONS Line # Aflac Lincoln Financial Group 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109
15 3 Identify the benefit integration sources 16 17 4 Option 1: 60% /Elimination Period: Accident Day 1 /Sick Day 8 18 a -Benefit waiting period 19 b -Percentage of weekly earnings insured
20 c -Maximum weekly benefit amount 21 d -Maximum duration of benefits (weeks) 22 e Maternity covered as any other illness? 23 f Maternity benefits paid for max of 6 weeks unless longer
period certified by attending physician? 24 g Non-occupational only coverage No Yes Yes Yes 25 h Integrated with other disability income benefits No No Yes 26 27 5 Option 2: 60% /Elimination
Period: Accident Day 1 /Sick Day 15 28 a -Benefit waiting period 29 b -Percentage of weekly earnings insured 30 c -Maximum weekly benefit amount $700 31 d -Maximum duration of benefits
(weeks) 26 weeks 32 e Maternity covered as any other illness? Yes Yes 33 f Maternity benefits paid for max of 6 weeks unless longer period certified by attending physician? Yes Yes 34
g Non-occupational only coverage No Yes Yes 35 h Integrated with other disability income benefits No No 36 $700 Accident -0 days /Sick -7 days 60% Workers' Compensation, Any amounts
under any other group insurance policy or plan that the Policyholder pays any part of the cost, Any amounts as disability income payments under state compulsory law, government retirement
system, work loss provision or no fault auto insurance, Any amount of retirement benefits under the policyholder's retirement plan, any benefits you or your spouse/children receive under
Social Security, etc., Any amount payable as salary continuance, sick leave or severance allowance, Any amount from a third party, Any amount from unemployment insurance Accident -0
days /Sick -7 days 60% $700 Yes Yes Yes Yes -only with other employer sponsored plans Yes -only with other employer sponsored plans 60% Accident -0 days /Sick 14 days 60% 60% $700 26
weeks Yes 60% STD Integration -work earnings, SDI, Compromise settlements $750 Accident -7 days /Sick -14 days 60% $700 Accident -1 day /Sick -15 days N/A Information not provided To
day 90 when the LTD benefits begin 25 weeks Yes Yes but with exceptions Yes Yes -state disability income benefits Yes Yes Yes Yes N/A Accident -1 day /Sick -8 days 60% $700 26 weeks
Yes Yes N/A Accident -1 day /Sick -15 days Other Income Benefits means the amount of any benefit for loss of income provided to You or Your family, as a result of the period of Disability
for which You are claiming benefits under The Policy. This includes any such benefits for which You or Your family are eligible or that are paid to You or Your family or to a third party
on Your behalf, pursuant to any of the following: Workers' Compensation, Governmental law or program that provides disability or unemployment benefits, Any payment made by an organization
or association received by the Employer, Mandatory No Fault auto insurance, Any government disability benefits. 13 weeks Yes Yes Accident -0 days /Sick -14 days 13 weeks Yes Yes $700
26 weeks Sick Leave and Salary Continuance Maximum duration is 24 weeks Yes Yes Accident -0 days /Sick -14 days Range from $600 -$6000 Aflac plan pays monthly benefits and Maximum duration
is 24 weeks Yes Yes Accident -0 days /Sick -7 days Range from $600 -$6000 Aflac plan pays monthly benefits and maximum is $6,000 subject to income requirements None Prepared by Siver
Insurance Consultants 07/20/2009 Page 2 Page 137 of 214
STD COVERAGE CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
No Agent/Broker McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services McKinley Financial Services LB Bryan & Company and McKinley
Financial Services corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-916-6813 706-320-4659 954-689-6590 407-420-6759
954-771-5530 813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative
outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Unum Deborah Griffin Tim Rappold Daniel Rood Chris Dudley Jarod
Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard COVERAGE QUESTIONS Line # Aflac Lincoln Financial Group 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109
37 6 Restate the proposed policy's definition of disability: 38 39 7 General policy exclusions and limitations 40 41 8 Additional Information to consider? No earnings loss required in
definition of N/A disability. No pre-ex limitation Occupational sickness or injury, Intentional Self-Inflicted injuries, Participation in a riot, Commission of a felony, Intoxicated
or under the influence of a narcotic unless under the advice of a physician, Pre-ex condition, War or Loss of a professional or occupational license or certification War, Self-inflicted
injury, Work-related, Must be under care of a physician, Working for another employer You are disabled if as a result of sickness, injury or pregnancy, you are unable to perform with
reasonable continuity the material duties of your own occupation Total disabled is defined as the insured's Residual Disability continuing inability to perform the material and substantial
duties of his/her full-time job. The insured must also be under the care and attendance of a physician for his/her condition. If insured is unable to perform material and substantial
duties of his/her full-time job but is able to work at any job, the insured will continue to be considered totally disabled as long as insured's earnings are less than 80% of his/her
base pay earnings at time of disability. Return to Work Coordinators Must be under care of a physician, War, Commission of a felony, Engaged in an illegal occupation, Self-inflicted
injury, Workers' Compensation, Sustained as a result of doing work for pay or profit for another employer. Limitation: If you are receiving or are eligible to receive any benefits for
a disability under a prior disability plan that was sponsored by the employer and/or was terminated on the day before the effective date of this plan, no benefits will be payable for
that disability under this plan The term "disabled and working" means that the claimant cannot perform some but not all of the essential duties of his/her occupation because of injury,
sickness, mental illness, substance abuse or pregnancy. The terms "disability" or "disabled" can mean Total Disability or Disabled and Working Disability. "Total Disability" or "Totally
Disabled" means the claimant cannot perform the essential duties of his/her occupation because of injury, sickness, mental illness, substance abuse or pregnancy as a result, the claimant
is earning less than 20% of their pre-disability earnings. Information not provided War, Participation in a riot, Commission of a felony, Self-inflicted injury, Suicide, Alcohol and
drug abuse except as specifically provided in the schedule of benefits, Mental disorders except as provided in the schedule of benefits 1 % of earnings and a loss of time or duties 3/6
pre-ex, Portability not included, Annual Guarantee Issue Open Enrollment, subject to pre-ex, 27 month guarantee, Dedicated Account Manager, LINKS program Intentional act, War, Not under
the regular care of a a physician, Sickness or injury that is payable by Workers' Compensation, Result or due to sickness or injury arising out of employment for wage or profit, or when
Insured Person received salary continuance or retirement plan sponsored by Group Policy holder Total disability means the Insured Person's inability, due to sickness or injury to perform
the material duties and substantial duties of his/her regular occupation during the 1st 12 months of disability and any work or occupation for which he/she is reasonably qualified or
trained, after 12 months of disability -Partial Disability: means that due to sickness or injury, the Insured Person is unable to perform one of more of the material duties of his/her
regular occupation or unable to perform such duties on a full-time basis Use of "Own Occupation" definition, Policy does not stipulate unable to work before receiving benefits, Full
disability benefits even if working/receiving up to 80% of predisability income, Guaranteed renewable up to age 70, Policies are individually owned and portable No benefits for the following:
Treated outside the US, Giving birth within the first 10 months, addiction to drugs/alcohol, under influence of a controlled substance, mountaineering using ropes or other equipment,
Felony participation, Self-inflicted injury, Cosmetic surgery, War, Serving in armed forces, Flight aviation, Participating in a sport where you are paid, Specific mental disorders,
Donating an organ within the 1st 12 months Prepared by Siver Insurance Consultants 07/20/2009 Page 3 Page 138 of 214
STD COVERAGE CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
No Agent/Broker McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services McKinley Financial Services LB Bryan & Company and McKinley
Financial Services corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-916-6813 706-320-4659 954-689-6590 407-420-6759
954-771-5530 813-785-7822 954-916-6868 407-420-6755 954-771-5221 ext. 65142 813-878-0273 Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative
outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Unum Deborah Griffin Tim Rappold Daniel Rood Chris Dudley Jarod
Hayer Logan Mulcrone Mutual of Omaha The Hartford The Standard COVERAGE QUESTIONS Line # Aflac Lincoln Financial Group 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109
42 43 Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply Will Comply Will Not Comply 44 Prohibition
of Warranty 45 Rerating Endorsement 46 Termination of Adverse Change Endorsement 47 Sole Agent Endorsement 48 Contract Period X X X X X X 49 Rate Guarantee Period X X X X X X 50 Scope
of Coverage X* X X X 51 Eligibility X* X X X X X 52 Coverage Requirements X* X X X X X 53 Service Requirements X* X X X 54 Comments on Deviations: 1. DEVIATIONS FROM PROGRAM N/A N/A
N/A N/A Need to see wording for "Scope of Coverage"; Want to discuss Hold Harmless; We are not matching the plan requested in the RFP; Want to discuss Active at Work N/A N/A Not Provided
Not Provided N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A The following areas are not addressed in the RFP: Prohibition of Warranty Endorsement, Rerating Endorsement, Termination of Adverse
Change Endorsement and Sole Agent Endorsement.N/A N/A N/A N/A If there is a change of benefits or a change of enrollment by 25%, we reserve the right to rerate; Workers must be employed
30-40 hours/wk NOTES: Cigna and Sun Life proposals were deemed Non-Responsive and not compared on the spreadsheets *Deviations noted in proposal N/A N/A N/A N/A Prepared by Siver Insurance
Consultants 07/20/2009 Page 4 Page 139 of 214
SHORT TERM DISABILITY COSTS CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax
Number Email AGENT 1 How many options offered? 23456789 Rate Guarantee: 10 11 12 13 14 15 16 17 Monthly Rate: 18 19 20 15-24 21 25-29 22 Less than 30 23 30-34 24 35-39 25 40-44 26 45-49
27 50-54 28 55-59 29 60-64 30 65-69 31 70-74 32 75-99 33 or 70 and over 34 35 36 $36,000/annual salary 37 1 25 year old 38 2 35 year old 39 3 45 year old 40 4 55 year old 41 5 60 year
old Also included 1 "Buy-up" option for 66 2/3% Also offered 2 "Buy-up" options for 66 2/3% Not offered Not offered Step Rates Composite Rate Monthly Premium* $23.26 $23.26 $23.26 $23.26
$23.26 Not offered Monthly Premium Not offered Not offered Not offered Not offered Composite Rate Step Rates Step Rates Not offered Not offered Sample Option 1 Composite Rate Not offered
Line # Option 1 -BASIC 60% BENEFIT COST INFORMATION Elimination Period: Not offered Not offered offered One (1) option a) 60% /7/14 day elimination /180 days 24 months One (1) Option
a) 60% /1/15 day elimination /90 days 15 Months Four (4) Options a) 60% /1/8 day elimination /180 days 15 Months b) 60% /1/15 day elimination /180 days Three (3) Options a) 60% /0/14
day elimination /90 days 24 Months Step Rates Composite Rate $13.70 $13.70 $13.70 $16.40 $16.40 c) 60% /0/7 day elimination /180 days Four (4) Options + numerous elimination period options
a) 60% /Choice of elimination b) 60% /Choice of elimination Eight (8) Options a) 60% /0/7 day elimination /90 days d) 60% /1/15 day elimination /180 days b) 60% /0/14 day elimination
/180 days $0.56 Not offered Step Rates Composite Rate Composite Rate Step Rates McKinley Financial Services LB Bryan & Company and McKinley Financial Services LB Bryan & Company and
McKinley Sapoznik Insurance and Associates Financial Services $16.40 $16.40 Not offered Also included 4 "Buy-up" options for 66 2/3% corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha
.com Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5221 ext. 65142 813-878-0273 954-916-6813 706-320-4659 954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868
407-420-6755 $13.70 $13.70 $13.70 No Agent/Broker McKinley Financial Services Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative outlook)
A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone Aflac Lincoln Financial Group Mutual
of Omaha The Hartford The Standard Unum Deborah Griffin Tim Rappold Daniel Rood 2nd VP, Sales Administration Also offer 12 and 24 month benefit periods Accident: Day 1 /Sick: Day 8 /120
days Rates will not increase due to the aging or to a change in the health status of the insured. Aflac increases rates when the experience of the group warrants it. Acc: Day 0 /Sick:
Day 7 /90 days 706-317-6419 954-894-0077 ext. 109 b) 60% /1/15 day elimination /90 days Acc: Day 0/0/Sick: Day 7/90 days 27 Months Prepared by Siver Insurance Consultants 07/20/2009
Page 1 Page 140 of 214
SHORT TERM DISABILITY COSTS CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax
Number Email AGENT Line # McKinley Financial Services LB Bryan & Company and McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services
corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5221 ext. 65142 813-878-0273 954-916-6813 706-320-4659
954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868 407-420-6755 No Agent/Broker McKinley Financial Services Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook)
A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone
Aflac Lincoln Financial Group Mutual of Omaha The Hartford The Standard Unum Deborah Griffin Tim Rappold Daniel Rood 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109 42
43 44 Elimination Period: 45 46 47 Monthly Rate: 48 49 50 15-24 51 25-29 52 Less than 30 53 30-34 54 35-39 55 40-44 56 45-49 57 50-54 58 55-59 59 60-64 60 65-69 61 70-74 62 75-99 63
or 70 and over 64 65 66 $36,000/annual salary 67 1 25 year old 68 2 35 year old 69 3 45 year old 70 4 55 year old 71 5 60 year old 72 Composite Rate Step Rates n/a Not offered Not offered
n/a $12.70 $10.50 $10.50 $10.50 $12.70 Monthly Premium Composite Rate Step Rates Step Rates Composite Rate Not offered Composite Rate Monthly Premium Not offered Step Rates Composite
Rate Not offered Not offered Not offered Not offered Step Rates Monthly Premium* $0.93 $0.93 $12.70 $12.70 $10.50 $10.50 Acc: Day 0/Sick: Day 14/90 days $24.92 $24.92 $24.92 $0.60 Monthly
Premium Not offered $24.92 $24.92 Option 2 -BASIC 60% BENEFIT Sample Option 2 $10.50 n/a $27.83 $21.18 $20.35 $31.57 $38.63 $0.76 $0.48 Step Rates Not offered Composite Rate $19.94 $19.94
$19.94 Acc: Day 1/Sick: Day 15/90 days $19.94 $19.94 Accident: Day 1 /Sick: Day 15 /120 days Acc: Day 0/Sick: Day 14/90 days Acc: Day 1/Sick: Day 15/90 days $0.67 $0.73 $0.51 $0.43 $0.49
$0.56 $0.93 $0.93 Prepared by Siver Insurance Consultants 07/20/2009 Page 2 Page 141 of 214
SHORT TERM DISABILITY COSTS CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax
Number Email AGENT Line # McKinley Financial Services LB Bryan & Company and McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services
corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5221 ext. 65142 813-878-0273 954-916-6813 706-320-4659
954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868 407-420-6755 No Agent/Broker McKinley Financial Services Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook)
A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone
Aflac Lincoln Financial Group Mutual of Omaha The Hartford The Standard Unum Deborah Griffin Tim Rappold Daniel Rood 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109 73
74 75 Elimination Period: 76 77 78 Monthly Rate: 79 80 81 15-24 82 25-29 83 Less than 30 84 30-34 85 35-39 86 40-44 87 45-49 88 50-54 89 55-59 90 60-64 91 65-69 92 70-74 93 75-99 94
or 70 and over 95 96 97 $36,000/annual salary 98 1 25 year old 99 2 35 year old 100 3 45 year old 101 4 55 year old 102 5 60 year old 103 Step Rates Not offered Composite Rate Not offered
Step Rates Composite Rate $2.16 $1.16 $2.16 n/a $1.04 $1.60 Not offered $1.00 $1.37 n/a $1.32 $1.97 $2.16 $1.37 $1.66 Step Rates Composite Rate Not offered Not offered Composite Rate
Not offered Not offered Step Rates Not offered Step Rates Composite Rate $48.18 $68.95 $81.83 Monthly Premium $56.91 $41.54 $17.70 $23.20 $23.20 $17.70 Not offered Step Rates $17.70
Composite Rate Not offered Option 3 -BASIC 60% BENEFIT $28.66 $28.66 $28.66 $28.66 Monthly Premium $28.66 $17.70 $23.20 $23.20 Monthly Premium* $17.70 $17.70 $0.69 Not offered Not offered
Accident: Day 1 /Sick: Day 8/180 Days Acc: Day 0 /Sick: Day 7 /180 days Acc: Day 0/Sick: Day 7/180 days Sample Option 3 Acc: Day 1/Sick: Day 8/180 days Prepared by Siver Insurance Consultants
07/20/2009 Page 3 Page 142 of 214
SHORT TERM DISABILITY COSTS CITY OF MIAMI GARDENS Short Term Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax
Number Email AGENT Line # McKinley Financial Services
LB Bryan & Company and McKinley Financial Services LB Bryan & Company and McKinley Sapoznik Insurance and Associates Financial Services corporatebids@aflac.com tim.rappold@lfg.com dan.rood@mutualofom
aha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5221 ext. 65142 813-878-0273 954-916-6813 706-320-4659 954-689-6590 407-420-6759 954-771-5530 813-785-7822 954-916-6868
407-420-6755 No Agent/Broker McKinley Financial Services Senior Sales Consultant A+ XV (stable) A+ XV (negative outlook) A+ XIII (stable) A XV (negative outlook) A XII (stable) A-XIII
(stable) National Sales Director Account Executive Senior Employee Benefits Consultant Chris Dudley Jarod Hayer Logan Mulcrone Aflac Lincoln Financial Group Mutual of Omaha The Hartford
The Standard Unum Deborah Griffin Tim Rappold Daniel Rood 2nd VP, Sales Administration 706-317-6419 954-894-0077 ext. 109 104 105 106 Elimination Period: 107 108 109 Monthly Rate: 110
111 112 15-24 113 25-29 114 Less than 30 115 30-34 116 35-39 117 40-44 118 45-49 119 50-54 120 55-59 121 60-64 122 65-69 123 70-74 124 75-99 125 or 70 and over 126 127 128 $36,000/annual
salary 129 1 25 year old 130 2 35 year old 131 3 45 year old 132 4 55 year old 133 5 60 year old 1. 2. 3. Monthly Premium $29.91 $29.91 $29.91 $29.91 $29.91 Composite Rate $0.72 Step
Rates Not offered Acc: Day 7/Sick: Day 14/180 days Not offered Not offered Step Rates Not offered Composite Rate $68.12 $48.18 $34.89 $39.88 $57.32 n/a Monthly Premium $1.64 $1.79 $1.79
$1.79 $0.86 $0.96 $1.13 $1.38 $1.16 n/a $1.11 $0.84 Composite Rate Not offered Step Rates $1.36 Acc: Day 1/Sick: Day 15/180 days Step Rates $13.20 Composite Rate Not offered $33.23 $33.23
$33.23 $33.23 Monthly Premium $33.23 $0.80 Not offered Step Rates $24.92 $24.92 Monthly Premium $24.92 NOTES: Cigna and Sun Sun Life proposals were deemed Non-Responsive and not compared
on the spreadsheets *Aflac rates are based on $600 of monthly benefits. All other insurers are based on $700 of benefits Aflac rates are based on two age bands of 18-49 and 50-64 Not
offered Acc: Day 0/Sick: Day 14/180 days Composite Rate $24.92 $24.92 Composite Rate $0.60 $13.20 $13.20 $17.70 Step Rates Acc: Day 1/Sick: Day 15 /180 days Monthly Premium* $13.20 $17.70
$13.20 $13.20 $17.70 $17.70 Accident: Day 1 /Sick: Day 15/180 Days Acc: Day 0/Sick: Day 14 /180 days Sample Option 4 Option 4 -BASIC 60% BENEFIT Prepared by Siver Insurance Consultants
07/20/2009 Page 4 Page 143 of 214
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFP# 08-09-003 Supplemental Insurance Benefits LTD July 23, 2009 By signing this form as an Evaluator, I certify
that I have no conflict of interest Signed______________________________ Dated:_____________________ Company Cost of coverage (max. 40 pts) Coverage, deductibles, copay, restrictions/exclusions
(max. 40 pts) Service, administratio n capability experience (max. 40 pts) Stability – financial Ratings (max. 40 pts) Reference of Agent of Record Interviews Firm(s) located in CMG
(max. 20 pts.) Firm donate local schools (max. 20 pts) Total (max. 200 pts.) Aflac 40 5 27 40 n/a n/a 0 0 112 Lincoln Financial 10 10 13 40 n/a n/a 0 0 73 Mutual of Omaha 29 11 10 40
n/a n/a 0 0 90 Hartford 28 13 12 40 n/a n/a 0 0 93 Standard 25 39 40 40 n/a n/a 0 0 144 Unum 30 12 16 35 n/a n/a 0 0 93 Comments: The scoring method: 10-superior; 5-average, etc Agent
of Record references were not requested for LTD & STD as the highest scored company, The Standard, is representative by McKinley Financial Services, Inc. and LB Bryan & Company which
the City is familiar with. Interviews were not required. Page 144 of 214
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFP# 08-09-003 Supplemental Insurance Benefits STD July 23, 2009 By signing this form as an Evaluator, I certify
that I have no conflict of interest Signed______________________________ Dated:_____________________ Company Cost of coverage (max. 40 pts) Coverage, deductibles , copay, restrictions/exclusions
(max. 40 pts) Service, administration capability experience (max. 40 pts) Stability – financial Ratings (max. 40 pts) Reference of Agent of Record Interviews Firm(s) located in CMG (max.
20 pts.) Firm donate local schools (max. 20pts) Total (max. 200 pts.) Aflac 40 5 25 40 n/a n/a 00 110 Lincoln Financial 33 14 17 40 n/a n/a 0 0 104 Mutual of Omaha 28 10 18 40 n/a n/a
00 96 Hartford 8 8 20 40 n/a n/a 00 76 Standard 22 40 40 40 n/a n/a 00 142 Unum 18 11 12 40 n/a n/a 0 0 81 Comments: The scoring method: 10 – superior; 5 – average, etc. Agent of Record
references were not requested for LTD & STD as the highest scored company The Standard is representative by McKinley Financial Services, Inc. and LB Bryan & Company which the City is
familiar with. Interviews were not required. Page 145 of 214
INSURER REFERENCES CITY OF MIAMI GARDENS Disability Proposal Review Insurer Representative Title of Representative Insurer Rating (A.M. Best) Telephone Number Fax Number Email AGENT
1 Client Name 2 Contact Name 3 Contact Title 4 City 5 Phone 6 Length of Client Relationship 7 Insurance Services Provided 8 Number of Employees 9 10 Client Name 11 Contact Name 12 Contact
Title 13 City 14 Phone 15 Length of Client Relationship 16 Insurance Services Provided 17 Number of Employees 18 19 Client Name 20 Contact Name 21 Contact Title 22 City 23 Phone 24 Length
of Client Relationship 25 Insurance Services Provided 26 Number of Employees 27 28 Client Name 29 Contact Name 30 Contact Title 31 City 32 Phone 33 Length of Client Relationship 34 Insurance
Services Provided 35 Number of Employees 36 37 38 Line # Did not provide this information. "We will make references available should Unum be chosen as a finalist for the City of Miami
Gardens." 1 1/2 years Long Term Disability 1,989 Client # 4 FL 10 years Long Term Disability 2,615 FL Short Term and Long Term Disability 2,937 Client # 3 FL 5 1/2 years 3,065 Client
# 2 FL 5 years Long Term Disability Client # 1 3 years Short Term and Long Term Disability and Life insurance 1,000 Claudia McCaskill Port St. Lucie, FL 772-334-4081 Long Term Disability
and Life insurance 600 3. City of Port St. Lucie Human Resource Dept Coral Springs, FL 954-344-1145 16 1/2 years 350 2. City of Coral Springs Rosalie Sherman Venice, FL 941-486-2626
10 1/2 years Short Term and Long Term Disability and Life insurance Also provided: Utilities Commission of New Smyrna Beach 407-839-5050 1 year Life, Voluntary Life, Short Term and Long
Term Disability 1,600 4. Westminster Communities of Florida Connie Conboy n/a Orlando, FL 1 1/2 years Short Term Disability 1,000 Yannin Varsanyi n/a Kissimmee, FL 407-239-1051 Life,
Voluntary Life, Short Term and Long Term Disability 1,500 3. Orange Lake Country Club n/a Coral Gables, FL 305-669-6000 2 years 1,035 2. AFSCME City of Miami Mary Almeyda 1. Hernando
County Mary Spencer n/a Brooksville, FL 352-754-4013 1 1/2 years Short Term and Long Term Disability Did not provide this information. "Due to privacy agreements, we do not share client
names during the initial RFP process. If we are selected as a finalist, we will be happy to provide this information to you." LB Bryan & Company and McKinley Financial McKinley Financial
Services Services 1. City of Venice Rita Whitley n/a LB Bryan & Company and McKinley Financial Services Sapoznik Insurance and Associates *Did not provide actual names of clients McKinley
Financial Services tim.rappold@lfg.com dan.rood@mutualofomaha.com Not provided jhayer@standard.com lmulcrone@unum.com 954-771-5221 ext. 65142 813-878-0273 954-916-6813 954-689-6590 407-420-6759
954-771-5530 813-785-7822 954-916-6868 954-894-0077 ext. 109 407-420-6755 Account Executive Senior Employee Benefits Consultant Senior Sales Consultant A+ XV (negative outlook) A+ XIII
(stable) A XV (negative outlook) A XII (stable) A-XIII (stable) National Sales Director The The Hartford The Standard Unum Tim Rappold Daniel Rood Chris Dudley Jarod Hayer Logan Mulcrone
Lincoln Financial Group Mutual of Omaha Prepared by Siver Insurance Consultants 07/20/2009 Page 1 Page 146 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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:
Various Departments Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP#0506015Renewal Medical InsuranceAvMed Health
Plans X Sponsor Name Dr. Danny Crew Department: Human Resources Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE A RENEWAL OF MEDICAL INSURANCE COVERAGE WITH AVMED HEALTH PLANS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City
Council authorized the City Manager to negotiate and execute agreements for medical, dental, dental, vision, flexible spending, and life coverage for employees and council members on
October 11, 2006. Medical insurance was awarded to Avmed Health Plans. Funding for medical, dental, vision, flexible spending, and life insurance is allocated in various departments
for a total of $3,442,662. The City’s agent of record McKinley Financial Services, Inc. and staff reviewed the proposed 8.6% renewal rate increase and was able to negotiate a reduced
rate increase of 6.34%, which is below the state average renewal increase of 10%. Renewal notice attached as Exhibit A. Proposed Action: That the City Council approve the attached resolution
authorizing the City Manager to renew medical insurance with AvMed Health Plans. ITEM J-9) CONSENT AGENDA RESOLUTION Renewal with AvMed Health Plans Page 147 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Exhibit A: Avmed Medical Financial Analysis ‐3 Year Period Page 148 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A RENEWAL OF MEDICAL INSURANCE COVERAGE WITH AVMED HEALTH PLANS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 11,
2006, the City Council authorized the City Manager to negotiate and execute an agreement with AvMed Health Plan for medical insurance, and WHEREAS, the City’s initial rate with AvMed
was 8.6 %, and WHEREAS, the City’s agent of record has negotiated a rate of 6.34%, which is below the state average renewal increase of 10%, and WHEREAS, the City Council would like
to authorize the City Manager to renew the City’s agreement with AvMed, 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 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 take any all steps necessary to renew medical coverage with AvMed Health
Plans at a rate increase of 6.34%. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 149 of 214
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 2009. 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 _________________________________ 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: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Oliver Gilbert, III (Yes) ___(No)
32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Aaron Campbell (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36
Councilman André Williams (Yes) ___(No) 37 38 39 Page 150 of 214
3410 HMO 3410 HMO 3410 HMO In-Network Out-of Network In-Network Out-of Network In-Network Out-of Network DEDUCTIBLE 0 $500/$1,500 $500/$1,500 0 0 $500/$1,500 0 0 $500/$1,500 COINSURANCE
100% 100% 30% 100% 100% 30% 100% 100% 30% OUT OF POCKET MAXIMUM $1,500/$3,000 $1,500/$3,00 0 $3,000/$6,000 $1,500/$3,000 $1,500/$3,000 $3,000/$6,000 $1,500/$3,000 $1,500/$3,000 $3,000/$6,000
PCP/SPC $10 $10 30% aft Ded $10 $10 30% aft Ded $10 $10 30% aft Ded IP HOSPITAL $0 $0 30% aft Ded $0 $0 30% aft Ded $0 $0 30% aft Ded OP SURGERY $0 $0 30% aft Ded $0 $0 30% aft Ded $0
$0 30% aft Ded MRI, CAT SCAN, PET SCAN $25 $25 30% aft Ded $25 $25 30% aft Ded $25 $25 30% aft Ded EMERGENCY /URGENT CARE $75 /$40 $75 /$40 $75 /$40 $75 /$40 $75 /$40 $75 /$40 $75 /$40
$75 /$40 $75 /$40 PRESCRIPTION $10/$20/$30 $10/$20/$30 Not Covered $10/$20/$30 $10/$20/$30 Not Covered $10/$20/$30 $10/$20/$30 Not Covered City of Miami Gardens Effective 1/1/2010 Medical
Financial Analysis -3 Year Period3410-40 POS 2009 3410-40 POS 2008 3410-40 POS 2010 (REVISED) Fully Insured Rates Employee Only $451.61 $424.32 $400.66 Employee & Spouse $858.06 $806.77
$761.26 Employee & Family $1,219.34 $1,146.46 $1,081.78 % Change Year over Year Todate there has not been any carrier or benefit changes.Renewals consistently under 10% 6.02% $447.98
$851.17 $1,209.56 $477.54 6.35% 9.32% $907.32 $1,289.35 $507.21 $963.69 $1,369.45 Medical Financial Analysis 9-5-07 Page 151 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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: Various Departments Advertising Requirement: (Enter X in box) Yes
No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP#0809003 Supplemental Insurance Benefits X Sponsor Name Dr. Danny Crew Department: Human Resources Department Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING SUPPLEMENTAL INSURANCE BENEFITS TO AMERICAN FAMILY LIFE INSURANCE COMPANY OF COLUMBUS (AFLAC)
THROUGH LOCAL AGENT OF RECORD KCI FINANCE SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The City recognizes the
importance of a comprehensive employee benefits portifolio. Employees have requested additional benefits to supplement the benefits currently being offered by the City. The employees
will be offered the option of selecting other supplemental benefits, i.e. accident, hospitalization, cancer, etc. The employee will be responsible for the entire cost of the additional
benefits. City staff prepared specificitations for other supplemental benefits, i.e. accident, hospitalization, cancer, etc. and advertised RFP#08‐09‐003 on May 12, 2009. A broadcast
notice was sent to 716 suppliers, tweny‐nine proposals were requested. Six proposals were received and publically opened and read on June 4, 2009. A copy of the proposal document and
submittals are available at the Assistant to the Mayor and Council’s office for review. ITEM J-10) CONSENT AGENDA RESOLUTION Awarding a bid to KCI Financial Services, Inc. Page 152 of
214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In order to evaluate each proposals submitted, City staff requested the outside professional services of Silver
Insurance Consultants to review the proposals and provide the evaluation committee with a detailed comparision of each proposer’s program(s). Silver Insurance Consultants is an independent
firm specializing in employee insurance benefits, located in St. Petersburg, Florida. A selection/evaluation committee consisting of Taren Kinglee, Human Resources Director, Traneka
Taylor, Benefits Coordinator, Ronald McKenzie, Information Technology Director, and Diane Hendricks, Police Officer were provided proposals, copies of the solicitation, and a detailed
comparision prepared by Silver Insurance. An evaluation meeting was held on July 23, 2009 to discuss the proposals. Representatives from Silver Insurance attended the meeting via telephone
conference. The committee had several questions for the representatives from Silver Insurance. A A second meeting was held on August 15, 2009 where the committee members reviewed the
detailed comparision. Two proposals offering benefits by American Family Life Insurance Company of Columbus (AFLAC) were submitted. The companies were: KCI Financial Service, Inc. agent
of record, Ulysses Harvard and Sapoznik Insurance & Associates, Inc. agent of record, Griselle Farbish. Clients of the representatives provided favorable references. KCI Financial Services
Inc. and Sapoznik Insurance and Associates, Inc. offered indentical benfit structure and price. In accordance with the City’s Purchasing Ordinance, five percent is given to any local
business; KCI Financial Services Inc. is an agency within the City of Miami Gardens. As such, KCI Financial Serivices is the recommended vendor. Proposed Action: That the City Council
approve the attached resolution awarding the other supplemental insurance benefits, i.e. accident, hospitalization, cancer, etc. to American Family Life Insurance Company of Columbus
(AFLAC), located in Columbus, Georgia with the agent of record, KCI Financial Services Inc, located in Miami Gardens, Florida in accordance with RFP#08‐09‐003. Attachment: Exhibit A:
Comparisions prepared by Silver Insurance Consultants Page 153 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING SUPPLEMENTAL
INSURANCE BENEFITS TO AMERICAN FAMILY LIFE INSURANCE COMPANY OF COLUMBUS (AFLAC) THROUGH LOCAL AGENT OF RECORD KCI FINANCE SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, City Staff prepared specifications for supplemental benefits including accident, hospitalization, cancer as well as other benefits and advertised
the same according of RFP #08-09-003 on May 12, 2009, and WHEREAS, the proposals were received and publicly read on June 4, 2009, and WHEREAS, City Staff requested the outside services
of Silver Insurance Consultants to review the proposals and provide the evaluation committee with a detailed comparison of each proposer’s program, and WHEREAS, City Staff received proposals
offering benefits from American Family Life Insurance Company of Columbus (AFLAC) submitted through KCI Financial Services, Inc., as agent of record, and Sapoznik Insurance & Associates,
Inc., as agent of record, and WHEREAS, City Staff re-evaluated both proposals and it is recommended that the City award supplemental insurance coverage benefits to American Family Life
Insurance Company of Columbus (AFLAC) through KCI Financial Services, Inc., as agent of record in light of the local preference ordinance, and NOW THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 154 of 214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to approve insurance coverage with American Family Life Insurance Company of Columbus (AFLAC), though its local agent of record KCI Financial Services, Inc., for supplemental
insurance benefits, including accident, hospitalization and cancer coverage. 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 OCTOBER 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 155 of 214
1 2 3 4 VOTE: _____ 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 7 Councilman Melvin L. Bratton (Yes) ___(No) 8 Councilman Aaron Campbell (Yes)
___(No) 9 Councilwoman Barbara Watson (Yes) ___(No) 10 Councilwoman Sharon Pritchett (Yes) ___(No) 11 Councilman André Williams (Yes) ___(No) 12 13 14 Page 156 of 214
City of Miami Gardens Supplementary Proposals for AFLAC Aflac Proposal KCI Financial Service, Inc. Aflac Proposal Sapoznik Insurance 1. Personal Accident Indemnity Plan Levels 1 & 2
– Different Rates Industry Class B Level 2 – Different Rates Industry Class A 2. Personal Cancer Indemnity Plan Levels 1, 2 & 3 – Same Rates Riders: Specified Disease, Building Benefit,
Return of Premium – did not provide rates for riders Levels 1 & 3 – Same Rates Riders: Specified Disease & Building Benefit – provided rates for riders 3. Hospital Protection Levels
1, 2 & 3 – Same Rates Rider: Initial Hospital Rider – did not provide rate for rider Levels 1 & 3 – Same Rates Rider: Initial Hospital Rider – provided rate for rider 4. Specified Health
Event Protection Plan 2 – Same Rates Riders: First Occurrence Building Benefit, Optional Primary Health Event Recovery – did not provide rates for riders Plan 2 – Same Rates Riders:
First Occurrence Building Benefit, Optional Primary Health Event Recovery – provided rates for riders 5. Personal Sickness Indemnity Plan Levels 1, 2 & 3 – Rates Provided Not offered
Page 157 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: USMS GRANT Funds Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING “NUNC PRO TUNC,” WITH THE UNITED STATES MARSHAL SERVICE (USMS) FUGITIVE TASK FORCE TO ACCEPT A DONATED
2010 FORD EXPLORER, RELATED EQUIPMENT AND FUEL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Miami Gardens Police Department has entered
into an operational agreement with the United States Marshal Service (USMS) Fugitive Task Force. Currently the USMS pays the overtime expenses for one officer assigned to the group and
provides invaluable technical assistance to the Department. In furtherance of our agreement, the USMS has purchased a 2010 Ford Explorer from Maroone Ford via their purchasing program
with the intent to transfer title of the vehicle to the City of Miami Gardens in exchange for continued participation in the Task Force. Should the Department cease its relationship
with the USMS; the vehicle will be remanded back to the USMS. After one year of participation by the Department, the City will permanently own the vehicle. In addition to donating the
vehicle, the USMS will furnish an equipment package for the vehicle and a fuel debit card for $6,000. The relationship established between the two agencies has been very beneficial for
both organizations. To date 27 apprehensions of violent criminals in the City of Miami Gardens have been affected by this group. This ITEM J-11) CONSENT AGENDA RESOLUTION MOU with U.S.
Marshall Service Page 158 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 donation only enhances the Department’s participation in this effort and strengthens this law enforcement partnership.
Page 159 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council authorizes the City Manager to execute a Memorandum of Understanding “nunc
pro tunc” with the United States Marshal Service (USMS) Fugitive Task Force to accept a donated 2010 Ford Explorer and related equipment and fuel. Attachment: Memorandum of Understanding
with the USMS Page 160 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING “NUNC PRO TUNC,” WITH THE UNITED STATES MARSHAL SERVICE (USMS) FUGITIVE TASK FORCE TO ACCEPT A DONATED 2010 FORD EXPLORER, RELATED EQUIPMENT
AND FUEL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Gardens Police Department previously entered into an Operational Agreement with
the United States Marshal Service (USMS) Fugitive Task Force, and WHEREAS, the USMS has purchased a 2010 Ford Explorer with the intent to transfer title of the vehicle to the City of
Miami Gardens, and WHEREAS, after one (1) year of participation by the Department, the City will permanently own the vehicle, and WHEREAS, in addition to donating the vehicle, the USMS
will furnish an equipment package for the vehicle and fuel debit card for $6,000.00, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to execute a Memorandum of Understanding “nunc Page 161 of 214
pro tunc” with the United States Marshal Service (USMS) Fugitive Task Force to accept a donated 2010 Ford Explorer and related equipment and fuel. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. NUNC PRO TUNC EFFECT: This Resolution shall be effective as of October 14, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 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: _____ 33 Mayor Shirley Gibson
(Yes) ___(No) 34 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 35 Councilman Melvin L. Bratton (Yes) ___(No) 36 Councilman Aaron Campbell (Yes) ___(No) 37 Councilwoman Barbara Watson
(Yes) ___(No) 38 Councilwoman Sharon Pritchett (Yes) ___(No) 39 Councilman André Williams (Yes) ___(No) 40 Page 162 of 214
1 2 Page 163 of 214
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CDBG‐R ‐Page 1 of 1 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other Y Fiscal Impact: (Enter X in
box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box)
Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: City Manager’s Office Short Title: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FORM EASEMENT AGREEMENT TO BE UTILIZED BY THE CITY’S AGENT, AMERICAN TRAFFIC SOLUTIONS (ATS) FOR THE INSTALLATION OF
RED LIGHT CAMERAS AND EQUIPMENT, IN SUBSTANCE FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff
Summary: Background Over the past several months, the City has made great strides in addressing what is considered to be a quality of life issue by implementing a red light camera program.
To date, cameras have been installed at various intersections deemed to be among the most dangerous in terms of speeding and red light running. Current Situation It has been determined
that installation of said equipment on private property is easier than dealing with other governmental
agencies that own the public right‐of‐way. However, as City staff continues to ITEM J-12) CONSENT AGENDA RESOLUTION Easement Agreement Page 169 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CDBG‐R ‐Page 2 of 2 work with American Traffic Solutions (ATS) on the installation of additional camera locations,
we have encountered some skepticism and resistance on the part of property owners on whose property the red light camera equipment would need to be installed. In reviewing the methodology
used by ATS, staff has determined that property owner’s concerns arise from the contractual agreement (easement) required between ATS and the property owner. Some owners have expressed
an uncertainty as to the viability of ATS as a company and thus are reluctant to authorize the use of a portion of their property to ATS or its successors. City staff has therefore determined
that to address property owner concerns, the City will seek to enter into an easement agreement with the desired property owners in order to install the red light camera equipment. In
this manner, the property owners are assured that the use of the easement will be in keeping with the City’s red light camera program, and will not compromise the property for a use
that is not deemed to be a public benefit. The attached resolution seeks Council approval to authorize the City Manager to execute a standard easement agreement with property owners
that the City deems necessary in order to further the installation of additional red light cameras. Proposed Action: Staff recommends approval of the proposed resolution authorizing
the City Manager to execute a standard easement agreement with the desired property owners. Attachment: • Easement agreement Page 170 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FORM
EASEMENT AGREEMENT TO BE UTILIZED BY THE CITY’S AGENT, AMERICAN TRAFFIC SOLUTIONS (ATS) FOR THE INSTALLATION OF RED LIGHT CAMERAS AND EQUIPMENT, IN SUBSTANCE FORM AS THAT AGREEMENT ATTACHED
HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Resolution No. 2007-177-683, the City entered into an agreement
with American Traffic Solutions (ATS) for the implementation of a Red Light Camera Program within the City, and WHEREAS, the City has encountered some difficulties with being able to
access easements from the Florida Department of Transportation, and WHEREAS, as such, the City is being required to install the necessary equipment on private properties, and WHEREAS,
in order for the City to install the equipment, the City is required to execute easement agreements with the property owners, and WHEREAS, it is necessary for City Council to approve
the form of the easement agreement to be utilized by the City through its contractor, ATS, 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 171 of 214
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to execute an easement agreement in substantial form as that attached hereto
as Exhibit A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 OCTOBER 14, 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: _____ 33 Mayor Shirley Gibson (Yes) ___(No) 34 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 35 Councilman Melvin L. Bratton (Yes) ___(No) 36 Councilman Aaron Campbell (Yes)
___(No) 37 Councilwoman Barbara Watson (Yes) ___(No) 38 Councilwoman Sharon Pritchett (Yes) ___(No) 39 Councilman André Williams (Yes) ___(No) Page 172 of 214
1 Red Light Camera Easement Form This instrument prepared by: Sonja Dickens, City Attorney City of Miami Gardens 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, FL 33169 ___________________
__ Parcel Identification No.: Folio# EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Easement Agreement") is made this ___ day of ________________, 2009, by ______________________("Grantor"),
having an address of __________________ Miami Gardens, Florida, to the City of Miami Gardens ("Grantee"), having and address of 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens,
Florida 33169. 1. Grant of Easement. Grantor is the fee simple owner of that certain property described in Exhibit “A” attached hereto (the “Easement Property”). For good and valuable
consideration paid by Grantee to Grantor, receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, its agents, heirs, successors and assigns forever, a
nonexclusive easement upon and under the Easement Property for purposes of constructing, operating, maintaining, adding or removing any and all cameras, sensors, equipment, components,
products, software and other tangible and intangible property relating to Grantee’s Photo Red Light System and other current or future lines of business, including, but not limited to,
all camera systems, housings, sensor arrays, transmission and communications equipment, severs and poles (hereinafter, the “Equipment”), together with appurtenant facilities to support
said Equipment, and related items as the Grantee may from time to time deem necessary in the conduct of its business. Grantor further agrees to support Grantee’s intended use upon, over,
along, and under a portion of the lands located in Miami-Dade, County, Florida, and, to the fullest extent the Grantor has the power to grant, upon, over, along, and under the roads,
streets, or highways adjoining or through said property. Said Easement shall include the right to allow any other person, firm, or corporation to attach supporting facilities or other
appurtenances “the Appurtenances” upon, over, and under said easement to support Grantee’s intended use; ingress and egress to and from said easement at all times; the right, but not
the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions that interfere or may interfere with Grantee’s intended use; the right, but
not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with Grantee’s intended use;
and the right to relocate Equipment and related Appurtenances. All Equipment and Appurtenances shall remain the sole property of Grantee. Grantor hereby covenants and agrees that it
has no right to and it shall not use, alter, remove, touch, modify or in any way tamper with any Equipment or Appurtenances or cause any other person to do any of the foregoing. In addition,
Grantor or any occupiers of the easement area or adjoining land shall not be permitted to erect or maintain any permanent or temporary barriers, fences, or obstructions of any kind or
nature to the free Page 173 of 214
2 Red Light Camera Easement Form and unhampered use of this easement by Grantee, nor shall any building or other structures be constructed or permitted upon or obstructing any part of
this easement. Said easement is more particularly described as follows: a 3 (three) foot easement along the boundary of the Easement Property. A sketch showing the easement is attached
hereto as Exhibit “B.” 2. Hold Harmless. Grantee shall hold the Grantor harmless against all liability for any such loss, damage, injury or death, caused by the negligence of the Grantee,
it agents or employees, during the construction and maintenance of the foregoing described Equipment or by the maintenance and repair thereof, or by its presence or use on the property
where the easement is located, subject to the protections of Section 768.28, Florida Statutes. 3. Maintenance, Repair and Replacement. It shall be the Grantee's sole obligation to install,
construct, maintain, repair and replace all Improvements on the Easement Property at no expense whatsoever to the Grantor. In the event that Grantee installs, constructs, maintains,
repairs or replaces any of the Improvements, Grantee shall be obligated to restore the surface condition of the Easement Property and Grantor's property and improvements thereon existing
prior to such construction, installation, maintenance, repair and/or replacement. If the Grantor constructs any improvements in violation of this agreement, Grantee will not be obligated
to repair same. 4. Attorneys Fees. In the event any action, suit or proceeding is commenced to enforce the terms of this easement, the prevailing party shall be entitled to recover all
costs, expenses and fees, including reasonable attorneys fees expended or incurred in connection therewith, up through and including any appeals. 5. Termination of Easement. In the event
that Grantee notifies Grantor that Grantee has ceased to use the Improvements on the Easement Property for the purposes as set forth herein, or in the event Grantee otherwise abandons
the use of the Easement Property, this Easement Agreement herein shall terminate automatically and shall have no further force and effect. This Easement Agreement shall further terminate
upon recordation in the public records of Miami-Dade County, Florida, of an agreement terminating the easement executed by Grantor and Grantee or their respective successors, assigns,
or transferees. 6. Notices. All notices, demands, statements, and requests required or permitted to be given under this easement must be in writing and shall be deemed to have been properly
given or served as of the date the same are (i) deposited in the United States mail, prepaid, by registered or certified mail, return receipt requested, addressed, (ii) delivered by
a recognized overnight courier (i.e Federal Express or United Parcel Service) or (iii) hand delivered to the address set forth below: As to Grantor: With copy to: As to Grantee: City
of Miami Gardens Page 174 of 214
3 Red Light Camera Easement Form Attn: Danny Crew, City Manager 1515 N.W. 167th Street, Suite 200, Bldg. 5 Miami Gardens, Florida 33169 With copies to: Sonja K. Dickens, City Attorney
City of Miami Gardens 1515 N.W. 167th Street, Suite 200, Bldg. 5 Miami Gardens, Florida 33169 And American Traffic Solutions, Inc. Attn: George Hittner, General Counsel 7681 E. Gray
Road Scottsdale, Arizona 85260 The refusal to accept delivery service shall be deemed delivery on the date of such refusal. 7. Binding Effect. The obligations, responsibilities and duties
as set forth in this Easement Agreement shall be binding on Grantee and its successors and assigns and subsequent owners of the Grantee's Property and shall also be binding on Grantor
and its successors and assigns and subsequent owners of the Easement Property. This easement shall run with the Easement Property and shall be binding on the owner of the Easement Property
and its successors and assigns. All references to Grantor herein shall be deemed to apply to Grantor and its successors and assigns. All references to Grantor herein shall be deemed
to apply to Grantor and its successors and assigns and subsequent owners of the Easement Property. All references to Grantee herein shall be deemed to refer to Grantee and its successors
and assigns and subsequent owners of the Grantee's Property. Each person signing this easement on behalf of either party individually warrants that he or she has full legal power to
execute this easement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this easement. 8. General
Provisions. Failure of either party to insist upon strict performance of any covenant or condition of this easement, or to execute any right herein contained, shall not be construed
as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. It is acknowledged that the preparation of
this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the
parties than the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. If any provision of this easement or application thereof
to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this easement, and the application of such provisions to persons or situations other
than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law, except that this provision shall not be deemed to deprive any party of any legal remedy, including termination. This easement shall be governed by the laws of the State
of Florida. This easement represents the entire and integrated easement between Grantor and Page 175 of 214
4 Red Light Camera Easement Form Grantee and supersedes all prior negotiations, representations or easements, either written or oral. IN WITNESS WHEREOF, the parties have caused this
Easement Agreement to be duly signed in the manner set forth below. GRANTOR: ______________________________ Name: By Its President ____________________________ Name: _______________________Print
Name STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _______ day of ___________, 2009 by __________________. He or she is personally
known to me or has produced ______________________ as identification. _________________________________ Notary Public, State of Florida At Large My Commission Expires: Page 176 of 214
5 Red Light Camera Easement Form GRANTEE: CITY OF MIAMI GARDENS, FLORIDA Attest: ____ By ________________________ Ronetta Taylor, City Clerk Shirley Gibson, Mayor Reviewed for Legal
Sufficiency _________________________ Sonja K. Dickens, City Attorney Page 177 of 214
6 Red Light Camera Easement Form EXHIBIT A Page 178 of 214
7 Red Light Camera Easement Form EXHIBIT B Page 179 of 214
8 Red Light Camera Easement Form EXHIBIT C Page 180 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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 X Funding Source: (Enter Fund & Dept) N/A Advertising Requirement: (Enter X in box) Yes
No 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, IN CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND/OR RELEASE CITY CODE ENFORCEMENT LIENS ON HOMES
PURCHASED BY THE CITY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 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 (NSP). The City submitted its plan of activities to be carried out to the U.S. Department
of Housing and Urban Development (HUD). The City’s plan was approved and the contract was executed on March 4, 2009. The City has 18 months to expend or encumber the program funds from
the date of contract execution. One of the activities proposed in the City’s approved plan is to purchase abandoned and foreclosed homes, rehabilitate them and resell them to eligible
buyers. The City’s proposes to purchase approximately 25 homes meeting the plan criteria, which includes purchasing them at a discount of 1% less than the appraised market value. ITEM
J-13) CONSENT AGENDA RESOLUTION Code Enforcement Liens Page 181 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 To ensure compliance with the NSP time constraints (18 months from contract execution), Council approved amending
Ordinance Number 2005‐10‐48 on January 14, 2009, which authorized the City Manager to execute any and all purchase and sale agreements for homes being purchased for the NSP. On June
24, 2009, the same Ordinance was further amended authorizing the City Manager to execute all agreements with contractors who will be awarded to provide rehabilitation services for the
homes being purchased for the NSP. Current Situation Since the execution of our contract with HUD on March 4, 2009, the City has acquired seventeen (17) houses, of which six (6) are
currently undergoing rehabilitation. In order to achieve this level, however, Staff has had to submit purchase contracts on more than properties, competing against investors and other
buyers. Once a purchase contract is submitted, staff has a very limited time frame to make a purchase decision. In many instances, the properties under consideration have amassed significant
Code Enforcement liens. The City’s efforts to address outstanding liens, and consequently purchase of the property, would be more effective if administrative authority were granted to
the City Manager to negotiate and/or waive said liens. Currently, the authority to either release or reduce liens rests with the Special Master. However, because of their defined hearing
schedules, staff is unable to meet purchase commitment deadlines imposed by the holders of title. Despite knowledge of the NSP, lenders are required to accept immediate cash offers in
order to mitigate the declining value of their portfolios. The existence of liens on a property affect the City’s ability to negotiate the purchase of the home, limiting the City Manager
to either purchase the property with the existing liens or rescind the City’s offer. The City’s NSP plan allows for the purchase of homes with existing liens, the remedy of the violations
and any other repairs deemed necessary to make the homes marketable. Staff has made an effort to purchase homes that are less desirable to other buyers, mainly due to the conditions
and the existing violations and/or liens. However, it should be noted that private investors or buyers are not required to adhere to such requirements. Moreover, during the foreclosure
process, many of the City’s liens are extinguished and therefore not recovered by the City. Authorizing the City Manager, in consultation with the City Attorney, the authority to negotiate
and/or release the liens, would allow for more effective and timely negotiation of the purchase , and possibly allow the City to recover a reasonable portion of the lien amount. Proposed
Action: Staff recommends that City Council approve the proposed resolution authorizing the City Manager, in consultation with the City Attorney, to negotiate and/or release Code Enforcement
Liens on homes purchased for the Neighborhood Stabilization Program. Attachment: None Page 182 of 2
141 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND/OR RELEASE CITY CODE ENFORCEMENT LIENS ON HOMES PURCHASED BY THE CITY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens received an allocation of Six Million, Eight Hundred Sixty Six Thousand,
One Hundred Nineteen Dollars and 02/Cents ($6,866,119.02) in accordance with the Neighborhood Stabilization Program (NSP), and WHEREAS, the City has been purchasing abandoned and foreclosed
homes, and intends to rehabilitate them and resell them to eligible buyers, and WHEREAS, the City Manager already has the authority to execute purchase and sale agreements for homes
being purchased for NSP, and to execute agreements with contractors who will be providing rehabilitation services, and WHEREAS, many of the properties that the City intends to purchase
for the NSP have City liens on them, and WHEREAS, these liens need to be released prior to turning over the NSP properties to new property owners, and WHEREAS, in order to expedite this
process, City Staff is requesting that the City Manager, in consultation with the City Attorney, have the authority to release any City liens on these properties, NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 183 of 214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager, in consultation with the City Attorney, to release City liens on homes purchased by the City in accordance with the Neighborhood Stabilization Program. 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 OCTOBER
14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 184 of 214
1 VOTE: _____ 2 3 Mayor Shirley Gibson (Yes) ___(No) 4 Vice Mayor Oliver Gilbert III (Yes) ___(No) 5 Councilman Melvin L. Bratton (Yes) ___(No) 6 Councilman Aaron Campbell (Yes) ___(No)
7 Councilwoman Barbara Watson (Yes) ___(No) 8 Councilwoman Sharon Pritchett (Yes) ___(No) 9 Councilman André Williams (Yes) ___(No) 10 11 12 Page 185 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Law Enforcement Trust Fund Advertising Requirement: (Enter X in box)
Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (LETF) TO BE USED BY THE MIAMI
GARDENS POLICE DEPARTMENT COMMUNITY ENRICHMENT TEAM (CET); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary:
The Miami Gardens Police Department ‐Law Enforcement Trust Fund (LETF) was established via City Council Resolution as a depository for monies seized as contraband and from the resulting
sale of articles seized as a result of qualified criminal activity. Pursuant to Ordinance 2008‐18‐154 and the Florida Contraband Act, such funds shall be used for crime prevention, safe
neighborhood, drug abuse education and prevention programs, or for other specific law enforcement purposes not covered by the General Fund. The Miami Gardens Police Department is seeking
authorization from the City Council to expend $15,000 from the LETF to purchase laptop computers for the newly formed Community Enrichment Team being funded from the Community Oriented
Policing Program Grant. The Community Enrichment Team (CET) will be responsible for proactively addressing the immediate conditions that give rise to public safety issues such as crime,
public nuisance, social disorder and fear of crime within the City of Miami Gardens. CET Officers will coordinate their efforts with the Code Enforcement, Criminal Investigations and
Operations Divisions to address violations of city ordinances, local, state and federal laws within the City of Miami Gardens Jurisdiction. The use of laptop computers will be an invaluable
resource to the officers of CET. ITEM J-14) CONSENT AGENDA RESOLUTION Expenditure from the LETF Page 186 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In an effort to further reduce crime, improve community relations and enhance quality of life conditions, CET Officers
will place an emphasis on community policing techniques as well as Problem Oriented Policing (POP) Projects. These projects are designed to impact unique or repetitive issues by implementing
specific strategies to target the problem. This form of community policing will allow the Department to actively work with others to understand and address the issues that lead to crime
within our city and take preventive measures. Without access to computers, the officers assigned to this specialized crime prevention unit will not have the technical tools that are
necessary to carry out the mission of the unit. Funding from the General Fund has been utilized for other capital purchases related to this implementation. This resolution will assist
the Department in fully equipping these officers and offsetting the initial startup costs. costs. Proposed Action: That the City Council accept the resolution to allot $15,000.00 from
the Law Enforcement Trust Fund to be used by Miami Gardens Police Department – Community Enforcement Team pursuant to Ordinance 2008‐18‐154 and the Florida Contraband Act. Attachment:
Police Chief Recommendation Memo Page 187 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AN EXPENDITURE
IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (LETF) TO BE USED BY THE MIAMI GARDENS POLICE DEPARTMENT COMMUNITY ENRICHMENT TEAM (CET); PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Ordinance #2008-18-154 and the Florida Contraband Act, the City of Miami Gardens established
a Law Enforcement Trust Fund (LETF), and WHEREAS, the City is able to expend funds from the LETF for crime prevention, safe neighborhood, drug abuse education, and preventive programs,
or for other specific law enforcement purposes, not covered by the General Fund, and WHEREAS, the City, through its Police Department, is seeking authorization from the City council
to expend the sum of Fifteen Thousand Dollars ($15,000.00) from the LETF to purchase laptop computers for the newly formed Community Enrichment Team being funded through the Community
Oriented Policing Program Grant, and WHEREAS, the Community Enrichment Team (CET) will be responsible for proactively addressing public safety issues including crime, public nuisance,
social disorder and fear of crime within the City of Miami Gardens, and WHEREAS, the Community Enrichment Team will be able to use laptops in order to fulfill its responsibilities, and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 188 of 214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the expenditure of Fifteen Thousand Dollars ($15,000.00) from the Law Enforcement Trust Fund to be used by the Miami Gardens Police Department Community Enrichment Team. 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 OCTOBER
14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 189 of 214
1 VOTE: _____ 2 3 Mayor Shirley Gibson (Yes) ___(No) 4 Vice Mayor Oliver Gilbert III (Yes) ___(No) 5 Councilman Melvin L. Bratton (Yes) ___(No) 6 Councilman Aaron Campbell (Yes) ___(No)
7 Councilwoman Barbara Watson (Yes) ___(No) 8 Councilwoman Sharon Pritchett (Yes) ___(No) 9 Councilman André Williams (Yes) ___(No) 10 11 12 Page 190 of 214
CITY OF MIAMI GARDENS INTEROFFICE MEMORANDUM TO: Honorable Mayor and City Council City of Miami Gardens VIA: Dr. Danny O. Crew, City Manager FROM: Matthew Boyd, Chief Miami Gardens Police
Department DATE: October 14, 2009 SUBJECT: Law Enforcement Trust Fund Expenditure Recommendation: That the City Council approve the expenditure of $15,000 from the Law Enforcement Trust
Fund (LETF) for the purchase of laptop computers in furtherance of the Department’s implementation of a community policing component. Background: The LETF was established via City Council
Resolution as a depository for monies seized as contraband and from the resulting sale of articles seized as a result of qualified criminal activity. Pursuant to Ordinance 2008-18-154
and the Florida Contraband Act, such funds shall be used for crime prevention, safe neighborhood, drug abuse education and prevention programs or for other specific law enforcement purposes
not covered by the General Fund. The Police Department is seeking authorization from the City Council to expend $15,000 from the LETF to purchase laptop computers for the newly formed
Community Enrichment Team being partially funded from the Community Oriented Policing Program Grant. The Community Enrichment Team (CET) will be responsible for proactively addressing
the immediate conditions that give rise to public safety issues such as crime, public nuisance, social disorder and fear of crime within the City of Miami Gardens. CET Officers will
coordinate their efforts with the Code Enforcement, Criminal Investigations and Operations Divisions to address violations of city ordinances, local, state and federal laws within the
City of Miami Gardens Jurisdiction. The use of laptop computers will be an invaluable resource to the officers of CET. Funding from the General Fund has been utilized for other capital
purchases related to this implementation. This resolution will assist the Department in fully equipping these officers and offsetting the initial startup costs. MB/plm Page 191 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: CIP; Parks & Recreation Advertising Requirement: (Enter X in box)
Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager Department: CIP; Parks & Recreation Short Title: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM
FUNDS AS THE DOLLAR-PER-DOLLAR MATCH FOR A GRANT RECEIVED THROUGH THE SAFE NEIGHBORHOOD PARK PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff
Summary: On July 15, 2009 Miami‐Dade County announced the availability of approximately $6 million in Safe Neighborhood Parks Bond Program grant funds for land acquisition and capital
improvements of open public spaces. All funds must be expended within one year after funds are awarded by the Miami Dade Board of County Commission. According to the Miami‐Dade County’s
Request for Proposal the review committee is looking for wellplanned capital projects that meet a pressing need, display broad support, will be completed promptly and, once completed,
are managed successfully. With the Council’s approval staff submitted applications in support of capital improvements at AJ King Park, Miami Gardens Community Center, ITEM J-15) CONSENT
AGENDA RESOLUTION Safe Neighborhood Parks Program Page 192 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Myrtle Grove Park, Norwood Park, and Rolling Oaks Park to further developments outlined in the Parks Master Plan
as well as land acquisition of the property located at 18330 NW 12 Avenue. On August 18, 2009, the Safe Neighborhood Parks Citizens’ Oversight Committee met to review applications and
make recommendations for award. This Committee has put forth the recommendation that the Miami Dade Board of County Commissioners award the City of Miami Gardens $500,000 to develop
the amphitheater at the Miami Gardens Community Center. This award requires a dollar‐for‐dollar cash match from the City and an accompanying authorizing resolution as “proof of match”.
Of the $16.6 million the City has for the Miami Gardens Community Center, staff recommends the $500,000 match comes from the Building Better Communities General Obligation Bond and Quality
Neighborhood Improvement Program funds that are already committed to this project. Proposed Action: Action: That the City Council allows the City Manager to utilize Building Better Communities
General Obligation Bond and Quality Neighborhood Improvement Program funds as the dollar‐for‐dollar match towards the Safe Neighborhood Parks $500,000 grant award to develop the amphitheater
at the Miami Gardens Community Center. Attachment: None. Page 193 of 214
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM FUNDS AS THE DOLLAR-PER-DOLLAR MATCH FOR A GRANT RECEIVED THROUGH
THE SAFE NEIGHBORHOOD PARK PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Miami-Dade County has announced the availability of approximately
Six Million Dollars ($6,000,000.00) in Safe Neighborhood Parks Bond money for land acquisition and capital improvements of open public spaces, and WHEREAS, the City of Miami Gardens
has been recommended to receive an award by the Safe Neighborhood Parks Citizens’ Oversight Committee, and WHEREAS, in order to qualify for the award, the City will be required to provide
a dollar-for-dollar match ($500,000.00), and WHEREAS, the City intends to utilize the funds for construction of the amphitheater to be located at the Miami Gardens Community Center,
and WHEREAS, in order to receive the funds, the City is required to provide a 50/50 match of funds, and WHEREAS, it is being recommended that the City utilize funds received from the
Building Better Communities General Obligation Bond for this purpose, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 194 of
214
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to utilize the Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program Funds to provide the dollar-per-dollar match for the
grant received from the Safe Neighborhood Parks Program. 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 OCTOBER 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ Page 195 of 214
1 VOTE: _____ 2 3 4 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 7 Councilman Melvin L. Bratton (Yes) ___(No) 8 Councilman Aaron Campbell (Yes)
___(No) 9 Councilwoman Barbara Watson (Yes) ___(No) 10 Councilwoman Sharon Pritchett (Yes) ___(No) 11 Councilman André Williams (Yes) ___(No) 12 13 14 Page 196 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Sharon Pritchett Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF JOSEPH L. COOK TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. . Staff Summary: The attached resolution confirms Councilman Councilwoman Sharon Pritchett’s appointment of Joseph L. Cook, to the Nuisance Abatement Board
for a two year term ending, October 14, 2011. Proposed Action: The City Council confirms the appointment of Joseph L. Cook to the Nuisance Abatement Board by Councilwoman Sharon Pritchett
for a two (2) year term. Attachment: Committee Application ITEM J-16) CONSENT AGENDA RESOLUTION Councilwoman Pritchett's Appointment to the Nusiance Abatement Board Page 197 of 214
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING
COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF JOSEPH L. COOK TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. WHEREAS, the City Council has created a Nuisance Abatement Board, and WHEREAS, the Mayor and each member of the City Council have the right to appoint a member to the Board for
a two and three year term, respectively, and WHEREAS, Councilwoman Sharon Pritchett, has appointed Joseph L. Cook to the Nuisance Abatement Board for a two (2) year term, and WHEREAS,
it is appropriate for the City Council to confirm Councilwoman Pritchett’s appointment of Joseph L. Cook, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Resolution. Section 2. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms Councilwoman Sharon Pritchett’s, appointment of Joseph
L. Cook to the Nuisance Abatement Board for a two (2) year term. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 2009. 1 Page 198 of 214
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR,
MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY: SECOND BY: VOTE: 24 25 Mayor Shirley Gibson (Yes) ___(No)
Vice Mayor Oliver Gilbert, III ___(Yes) ___(No) 26 Councilwoman Barbara Watson (Yes) ___(No) 27 Councilman Melvin L. Bratton (Yes) ___(No) 28 Councilman Aaron Campbell Jr. __(Yes) ___(No)
29 Councilwoman Sharon Pritchett (Yes) ___(No) 30 31 Councilman André Williams __ (Yes) ___(No) 2 Page 199 of 214
Page 200 of 214
Page 201 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 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 & D eral Fund ept) Gen 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 Ronetta Taylor, MMC Department: OFFICE OF THE CITY CLERK Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A MERIT INCREASE IN THE AMOUNT OF THREE (3%) PERCENT TO RONETTA TAYLOR, THE CITY CLERK; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; INSTRUCTIONS TO THE CITY MANAGER; PROVIDING AN EFFECTIVE DATE Summary: This is my annual anniversary and a request for a merit increase. I have been employed as the
City Clerk since September 29, 2003 (a few months after the inception of the City). As a Charter Charter employee, I work for the City Council and serve by virtue of a written contract.
The City Council has had an opportunity to meet with me and discuss my performance over this past year. Proposed Action: That the City Council approves a three (3) percent merit increase
effective September 29, 2009. Attachment: Memorandum outlining accomplishments for 2008/09, and goals for 2009/2010. ITEM K-1) RESOLUTION Merit Increase for the City Clerk Page 202 of
214
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A MERIT INCREASE IN THE AMOUNT OF THREE (3%) PERCENT TO RONETTA TAYLOR, THE CITY CLERK;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; INSTRUCTIONS TO THE CITY MANAGER; PROVIDING AN EFFECTIVE DATE 1 2 3 4 5 6 7 8 9 WHEREAS, Ronetta Taylor has been employed as the City Clerk
since the inception of the City in 2003, and WHEREAS, Ronetta Taylor is a charter employee who works for the City Council, serves by virtue of a written contract, and WHEREAS, the City
Council has had an opportunity to review Ms. Taylor’s performance over the past year and has determined that Ms. Taylor is entitled to a merit increase in light of her performance over
the past year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs
are hereby ratified and confirmed as being true, and the same are hereby made a specific part part of this Resolution. 10 11 12 Section 2: AUTHORIZATION: The City Council hereby authorizes
a merit increase in the amount of three percent (3%) to the City Clerk. 13 14 Section 3: INSTRUCTIONS TO THE CITY MANAGER: The City Manager is hereby instructed to direct that future
salary benefits be paid to the Ronetta Taylor in accordance with the merit increase. 15 16 17 Section 4: EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption.
18 19 8203884.1 Page 203 of 214
RESOLUTION NO. 2 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT A SPECIAL MEETING HELD ON OCTOBER
14, 2009. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________ RONETTA TAYLOR, MMC, CITY CLERK Reviewed by City Attorney, Sonja K. Dickens
SPONSORED BY: RONETTA TAYLOR, MMC CITY CLERK SKD Moved by: Seconded by: VOTE: 41 Mayor Shirley Gibson ____ (Yes) ____(No) 42 Vice Mayor Oliver G. Gilbert III ____ (Yes) ____(No) 43 Councilman
Melvin L. Bratton ____(Yes) ____(No) 44 45 Councilman Aaron Campbell Jr. ____ (Yes) ____(No) Councilman André Williams ____(Yes) ____(No) 46 Councilwoman Sharon Pritchett ____ (Yes)
____(No) 47 48 49 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 204 of 214
City of Miami Gardens 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oliver G. Gilbert III Councilman Aaron Campbell Jr. Councilwoman
Barbara Watson Councilman Andre Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett MEMORANDUM To The Honorable Mayor and Members of the City Council From Ronetta Taylor,
MMC City Clerk Date September 2, 2009 Subject Annual Evaluation of City Clerk This evaluation marks my sixth year as City Clerk for the City of Miami Gardens. The Office of the City
Clerk continues to evolve into a major component of the City of Miami Gardens’ government; interacting on a daily basis with a majority of the City’s departments, other governmental
entities and the general public. I am pleased to report that the goals that I had outlined in my last evaluation memorandum, as well as others not mentioned were accomplished: MAJOR
ACCOMPLISHMENTS DURING FY 08/09 Assisted with the Code Enforcement Amnesty Program, and the recording of Release of Liens Continued to assist the Code Enforcement Department with
Special Master Hearings – approximately 500 cases were processed Completed the third phase of the Codification Process for the City of Miami Gardens Code Book of Ordinances, anticipated
delivery within six to eight months Promoted Administrative Assistant to Deputy City Clerk Created a Committee Handbook Provided educational opportunities for staff (two staff
members in Clerks Academy) Provided assistance with the Red Light Camera Program as it relates to Appeals before the Special Master – processed over 300 cases since March 2009
Continued with Records Management Program for the various City Departments Launched aggressive campaign to get the word out to the community about the City of Miami Gardens being
accepted as a Passport Facility for the United Department of State; processed over 400 applications for a revenue of approximately $10,000.00 Continued with the document imaging process
by scanning the City Council agenda packets, adopted ordinances, resolutions, minutes and contracts. 1 Page 205 of 214
2 Ninety-Eight (98%) percent of all minutes were completed within two weeks One hundred (100%) percent of all minutes were completed within 30 days, as prescribe by adopted legislation
Ninety-Five (95%) percent of all public records requests were complied with within 5 working days. GOALS ANTICIPATED FOR FY 09/10 Complete SOP (Standard Operating Procedures) for
Office of the City Clerk Complete Education Certification for Deputy City Clerk Complete Codification Process for City of Miami Gardens Code Book of Ordinances Implement Paperless
Agenda Management System Increase passport application outreach through various medias Enhance Records Management/Records Retention Process with various City Departments Enhance
request for Public Records utilizing an Eden Module Increase Red-Light Camera Appeal Hearings from once per month to three times per month (1st Wednesday, 3rd Tuesday, and 3rd Wednesday)
My anniversary is September 29, 2009, therefore legislation must be included on the September 21, October 14,2009 City Council Agenda to address any merit increase. I am respectfully
asking this Council to grant me a 5% three (3%) percent merit increase. I have had a discussion with the City Manager as it relates to whether the FY 2009/10 Budget would be able to
accommodate such an increase. He has assured me this amount would not affect his proposed budget. I am available at your convenience to meet with you one-on-one to discuss my job performance,
as well as any concerns you might have. Page 206 of 214
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: NA Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: NA Sponsor Name Councilman Aaron Campbell Jr. Department: Mayor and City Council/Parks & Recreation Short Title: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING LAKE LUCERNE PARK, LOCATED AT 20701 NORTHWEST 22ND AVENUE TO “BENNETT M. LIFTER” PARK; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Mr. Bennett M. Lifter had a vision of this community long before it became the City of Miami
Gardens. As a realtor and developer, Mr. Lifter owned approximately 200 acres of land in the Lake Lucerne neighborhood where he built over 1000 apartments during the 1970s and 1980s.
Mr. Lifter was a very influential person that believed in this community, even as other developers headed south, east, west and north. So much so, that he changed many of the rental
properties into the single family homes to provide stability to the Lake Lucerne neighborhood. Mr. Lifter also helped bring businesses to the area and was known for describing the Miami
Gardens as “heart of the hub of Miami‐Dade County”. For more than 15 years Mr. Lifter invested his own funds to beautify and maintain the landscaping and sidewalks along NW 177th Street.
He was most noted for donating a parcel of land on the corner of NW 207th Street and 22nd Avenue to Miami Dade County to be designated as a park, currently known as Lake Lucerne Park.
Over the years Mr. Lifter made countless donations in support of summer camp programs ITEMK K-2) RESOLUTION Renaming Lake Lucerne Park Page 207 of 214
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 at the park, provided need resources to the neighborhood schools, and supported the Miami Gardens Youth Council,
to name a few. On Sunday, September 27, 2009, Mr. Bennett M. Lifter passed away leaving behind a great legacy. As such, a resolution has been drafted to propose renaming Lake Lucerne
Park, located at 20701 NW 22nd Avenue, to Bennett M. Lifter Park. Proposed Action: It is recommended that City Council support this resolution to rename Lake Lucerne Park located 20701
NW 22nd Avenue in Miami Gardens to Bennett M. Lifter Park. Attachment: None. Page 208 of 214
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 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING LAKE LUCERNE
PARK, LOCATED AT 20701 NORTHWEST 22ND AVENUE TO “BENNETT M. LIFTER” PARK; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. WHEREAS, Bennett M. Lifter was a visionary in this community long before it became the City of Miami Gardens, and WHEREAS, as a realtor and developer, Mr. Lifter owned
approximately 200 acres of land in the Lake Lucerne neighborhood where he built over 1,000 apartments during the 1970s and 1980s, and WHEREAS, Mr. Lifter spent time and money in this
community even though other developers decided to develop elsewhere, and WHEREAS, Mr. Lifter changed many of the rental properties he owned into single family homes in order to provide
stability to the Lake Lucerne neighborhood, and WHEREAS, Mr. Lifter often referred to the City of Miami Gardens as the “heart of the hub of Miami-Dade County,” and WHEREAS, for more
than 15 years Mr. Lifter invested his own funds to beautify and maintain the landscaping and sidewalks along Northwest 177th Street, and was noted for donating a parcel of land located
on the Northwest corner of 207th Street and 22nd Avenue to Miami-Dade County to be designated as Lake Lucerne Park, and WHEREAS, over the years Mr. Lifter made countless donations in
support of summer camp programs at the park and provided necessary resources to neighborhood schools in the City of Miami Gardens area, and 1 Page 209 of 214
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 WHEREAS, on Sunday, September 27, 2009, Mr. Lifter passed away leaving a great legacy, and WHEREAS, Councilman
Campbell is proposing that in order to cement Mr. Lifter’s legacy in the City of Miami Gardens, that the City of Miami Gardens rename Lake Lucerne Park to “Bennett M. Lifter Park,” 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. RENAMING: The City Council of the City of Miami Gardens hereby approves renaming
Lake Lucerne Park, located at 20701 Northwest 22 Avenue to “Bennett M. Lifter Park.” Section 3. INSTRUCTION TO THE CITY MANAGER: The City Manager is hereby instructed to take any and
all steps necessary to rename Lake Lucerne Park to “Bennett M. Lifter Park.” 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 OCTOBER 14, 2009. ATTEST: _________________________________ SHIRLEY GIBSON, MAYOR _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK 2 Page 210 of 214
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: AARON CAMPBELL, JR., COUNCILMAN MOVED BY:_____________________ SECONDED BY: _________________
VOTE: _____ 15 Mayor Shirley Gibson (Yes) ___(No) 16 Vice Mayor Oliver Gilbert III (Yes) ___(No) 17 Councilman Melvin L. Bratton (Yes) ___(No) 18 Councilman Aaron Campbell Jr. (Yes)
___(No) 19 Councilwoman Barbara Watson (Yes) ___(No) 20 Councilwoman Sharon Pritchett (Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) 22 23 24 Page 211 of 214
ITEM L-1) REPORTS Proposed Charter Amendments 1RECOMMENDED CHARTER AMENDMENTS Section 2.2 There shall be a City Council (the “Council”) vested with all legislative powers of the City,
including the right to hire staff persons to assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members (“Council members”).
References in this Charter to the Council and/or Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for
the appointing, hiring, promoting, supervising and removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and
all employees of the Office of the City Clerk, and employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days
after an initiative Petition is filed or within five business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”).
If insufficient the Certificate shall specify the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency
are only those specified in subsection (C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee
files a notice of intention to amend it with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”)
with the City Clerk with additional valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements
of subsection (C) of this section. Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition
as amended (“Amended Petition”) and promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition
or Amended Perdition is certified insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time 1 The Charter
Revision Commission considered all sections of the Charter. This list merely contains items where motions were actually made. Page 212 of 214
ITEM L-1) REPORTS Proposed Charter Amendments required, the City Clerk shall promptly present his/her certificate to the Council and such Certificate shall then be a final determination
as to the sufficiency of the Petition. The Clerk shall be required to verify all signatures
required by this section with the Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential
Areas. One appointment shall be made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council
member who is serving a second consecutive term, who shall serve as a non-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor
may appoint a sitting Vice Mayor or Council member. The Mayor, City staff, and Council members, other than the nonvoting member referenced above, shall not be eligible for appointment
to the Commission. The Commission shall commence its proceedings within 45 calendar days after appointment by the Council. Page 213 of 214
ITEM L-1) REPORTS Proposed Charter Amendments PROVISIONS THE COMMISSION VOTED NOT TO AMEND ● 1.2 Form of Government – The Commission determined that the form of government is sufficiently
clear in the Charter ● 2.1(a)(3) – Amendments to Council Committees – The Commission determined that no amendments were necessary because the City Council has discretion to determine
whether to appoint laypersons to Committees of the Council. ● 2.6 Compensation/Reimbursement of Expense (Mayor and Council) – The Commission determined that no changes need to be made
at this time to this provision. ● 3.2 City Manager Residency Requirement – The Commission determined that no changes need to be made at this time to this provision. ● 2.3(e)-Clarification
on definition of term – The Commission determined that no amendments need to be made to clarify that “term” for purposes of term limits, means a complete term, and does not refer to
instances when a person fills an incomplete term. ● 2.3(e) – Amendments to Term Limits-The Commission determined that no amendments needed to be made to this provision. ● 5.1 Election
Dates -The Commission determined that since this provision was already amended by Ordinance that no changes are required. Page 214 of 214