1To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manager
2001
January 13, 2012 Agenda Item No.:L
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to execute an agreement
with the company Ocaquatics 2, Inc., a company wholly owned and
managed by Miren Oca, for advising and consulting services concerning
the design/build of the Murray Park Community Pool and for its
operation and management thereof, after completion of all construction,
inclusive of all operating and maintenance costs, and requiring no fee
from the City for the duration of the agreement's initial ten (10) year
term.
The City and Mrs. Oca concluded negotiation and you will find the
proposed contract attached.
The proposed agreement is presented with certain concerns that the
City Attorney along with management currently have and which should
considered before moving forward with a final decision.
Ocaquatics 2, Inc. rejected proposed contractual language that would
have required it to deliver a security bond or a security deposit within 10
days of the signing of the pool operator's franchise contract. Ocaquatics
2, Inc. insisted that it should not be required to provide the security until
ten (10) days after she was given notice that the master building permit
had been issued. Furthermore, the City proposed that Mrs. Oca
personally guarantee that the security, required by the terms of the
franchise contract, would in fact be timely provided by Ocaquatics 2, Inc.
Mrs. Oca refused to personally guarantee performance of this contractual
provision.
Previous the Commission indicated that it was concerned about having a
pool operator before it enters into a contract with the design/build firm,
if this continues to be a concern of the Commission, then the City has
reservations concerning the following contractual provisions, or lack
thereof:
(I) the provision that allows Mrs. Oca to wait until the City has committed
itself to a design/build firm and incurred the cost of designing the pool
before any security bond or deposit has been posted by the pool
operator; and •
(2) the failure of Mrs. Oca to agree to personally guarantee that lihe security
will timely be deposited or bond delivered.
In addition to the above concern, the City would like to mention a few
other items which we believe should be understood before the final
decision is made.
• Mrs. Oca has insisted on a provision that limited the use of the indoor
heated pool so that it would be used predominately for swim instruction.
• The contract does not provide for specific hours of operation. Mrs. Oca
insisted that she needed flexibility in the hours and would only guarantee
that the pool would be in operation for 40 hours per week, at a
minimum.
City Management presents the final negotiated DRAFT agreement for
your review. At this point it is up to the Commission to decide whether
to accept or reject the contract.
Mrs. Oca has requested that the following language be added to the Escrow Agreement. The
City Attorney has no objection to the addition of this language:
"City acknowledges and agrees that Escrow Agent is counsel to Ocaquatics in this
matter. In the event of any dispute hereunder, Escrow Agent may continue to represent
Ocaquatics in such dispute by resigning as Escrow Agent and by delivery of the Escrow
Deposit to a substitute escrow agent. Escrow Agent shall thereafter be relieved of any
further liability hereunder and Escrow Agent may continue to represent Ocaquatics in
this Franchise Agreement and in all matters related thereto."
ATTACHMENTS: Pool Operator's Franchise Contract, Including Exhibit A and the
Escrow Agreement.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE NO. ___ _
An Ordinance authorizing the City Manager to execute a lO-year
franchise agreement with Ocaquatics 2, Inc. for the operation and
management of the planned South Miami Murray Park Community
Pool.
WHEREAS, the City withheld selection of a design/build firm for the construction of
the Murray Park Community Pool until the City obtained a contract with a pool operator who
could offer the City with pool design expertise and who could provide the City with expert
advise necessary to proceed with the construction of the pool; and
WHEREAS, Ocaquatics 2, Inc., a company wholly owned and managed by Miren Oca,
hereinafter referred to as "Ocaquatics"; and
WHEREAS, the City desires to hire a pool operator who can assist the City with the
Design of the pool and to act as a consultant to the City in its interaction with the Design/Build
Pool Contractor; and
WHEREAS, the pool operator is a critical first step in the design and construction of the
proposed pool; and
WHEREAS, the City received four submittals in response to both an initial Request for
Proposal (ARFP@) and, later, a Request for Letters ofInterest (ARLOI@) in operating the planned
Murray Park Community Pool, and
WHEREAS, Ocaquatics 2, Inc. was the only responsive and responsible entity who
responded to the City=s RFP and RLOI,
NOW, THEREFORE, BE IT ENACTED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manger is hereby authorized to execute the attached 10-year
franchise agreement with Ocaquatics 2, Inc. for the operation and maintenance of the planned
City of South Miami Murray Park Commnnity Pool.
Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or nnconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date: This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this __ day of _____ , 2012.
1
2
3
4
5
6
7
8
9
10
11
ATTEST:
CITY CLERK
1ST Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
MURRAY PARK POOL OPERATING AND MANAGEMENT AGREEMENT
THIS AGREEMENT is made between Ocaquatics 2, Inc., a Florida corporation,
("Operator") and the City of South Miami, a Florida municipal corporation, ("City"), on this
__ day of ,2012.
WHEREAS, City desires to design and build a community swimming pool facility
("Facility") at Murray Park located at 5800 SW 66 th Street, City of South Miami, Florida;
WHEREAS, Operator desires to participate in the design of the Facility which shall
include at a minimum one outdoor pool, one indoor pool, supporting amenities, such as a
reception area, office, staff area, changing area, bathrooms, viewing area, pump room, chemical
room, pool room and outdoor area for the outdoor pool, all necessary to conduct swimming
programs and teaching at the Facility;
WHEREAS, Operator possesses the requisite skills, training, experience, knowledge and
ability to operate and conduct swimming programs and teaching at the Facility and City does not
possess such skills;
WHEREAS, City has agreed to design and build the Facility, at its sole expense, and
Operator has agreed to serve as a consultant, at no charge to the City, in the City'S selection of a
design and construction firm for the design and construction of the Facility and, subsequently, to
operate and maintain the Facility, at its sole expense, from receipt of all revenue from the
operation of the Facility as its compensation, with full and complete knowledge that if the pool is
not constructed the operation and management portions of this agreement are rendered null and
void with no obligation or amount due or owed by either party; and,
NOW, THEREFORE, in consideration of the mutual promises and agreements
hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
I. CONDITIONS PRECEDENT: This Operating Agreement ("Agreement") shall only take
effect upon the occurrence of all of the following events:
A. The Facility substantially complies with the design parameters set forth in Exhibit "A"
of this Agreement;
B. Operator participates in the design process of the Facility and is required to provide
the City Manager with written approval regarding the City's conformance with the
design parameters as set forth in Exhibit "A" at 25%, 50%,75% and 100% of the
design completion phase; and
C. The Facility is enclosed by a fence and excludes any and all parking areas for the
Facility. The remainder of Murray Park shall not be considered part of the Facility for
purposes of this Agreement; and
Page 1 of 14
D. The Facility is constructed and approved for occupancy and use by all applicable
government authorities, evidenced by the issuance of a certificate of occupancy or
temporary certificate of occupancy as to the entire Facility by City, by the date of
December 31 st, 2012 including, but not limited to, any and all extensions provided for
the project's multiple funding sources, whichever of the aforementioned is the latter.
In the event that these conditions precedent are not met and satisfactory proof has been
provided that the conditions precedent have not been satisfied, this Agreement shall
become null and void and thereupon all parties shall be released of any and all
obligations under this Agreement and this Agreement shall terminate subject to the
terms and conditions set forth in Section 31 of this Agreement infra. Upon termination,
the City shall not owe the Operator any money for any efforts undertaken by the
Operator in connection with this agreement subject to the limitations set forth in
Section 35 of this Agreement infra, and the Operator shall waive any and all claims for
damages, lost profits, anticipated future profits, bid preparation, expenses, and any and
all other claims it has or may have against the City.
2. TERM: The term of this Agreement for the operation and maintenance of the Facilities shall
be for a period of ten (10) years commencing on the date that the Facility receives its
certificate of occupancy or temporary certificate of occupancy as to the entire Facility by all
applicable government authorities. City shall deliver notice of the issuance of the certificate
of occupancy to the Operator within five (5) business days of its issuance.
3. DESIGN, CONSTRUCTION, AND EQUIPAGE: City shall bear all costs and be solely
responsible for the design, construction and equipage of the Facility required to issue the
certificate of occupancy from all applicable authorities.
4. OPENING: Operator agrees to make the pool "ready to swim" by completing the following
services, where applicable:
A. Provide a pre-season "Pool Data" report of pool facility. ("Pool Data" report available
upon request). Report will cover the following items:
• Type of equipment
• Condition of pool
• Gallons of water
• Filter type and status
• Pool pump type and status
• General condition of pool structure
Page 2 of 14
• Electrical equipment type and status
B. Clean pool (pool bottom must be visible)
C. Clean pool decking
D. Inspect chemical feed pumps
E. Inspect all filtration equipment
F. Inspect flow meters, pressure gauges, and valves
O. Mount diving boards, guard chairs, and ladders, if applicable
H. Clean bathhouse
I. Inspect water-testing supplies. (City should provide original test kit prior to opening
day. Operator will re-supply test kit at no additional charge.)
J. Inspect underwater lights
K. Clean, fold, and store pool cover( s)
1. Order, store, and inject all necessary chemicals to establish proper levels to meet all
State, County, City and other applicable requirements.
M. Set out and clean deck furniture.
N. Start up filtration system.
O. Perform requisite repair work as required herein this Agreement. Note: Operator will
automatically install and/or replace those items necessary to meet county code
requirements.
P. Inspect all skimmers
Q. Inspect vacuum system
R. Inspect return inlets
S. Inspect pump room valve system
T. Operator shall maintain all landscaping within the fenced area of the Facility
5. VANDALISM: For any and all cleanup required as the result of vandalism that may occur
inside the fence of the Facility, the Operator shall be responsible for cleanup. However, if
the vandalism is not caused by the Operator, its agents, servants or employees, then the
Page 30f14
Operator shall only be responsible and pay for damage incurred up to $1,000 and the City's
insurance shall pay for cleanup in excess of $1,000 of damage incurred. For any and all
cleanup required as the result of vandalism that may occur outside the fence of the Facility in
the remainder of Murray Park, the City shall be responsible, provided the vandalism is not
caused by the Operator, its agents, servants or employees.
6. PERMITS: Following the issuance of the certificate of occupancy for the Facility, the
Operator shall be completely responsible and pay for applying, obtaining, and maintaining all
applicable permits and licenses required to open and operate the Facility. In addition, should
the Operator make any improvements to the Facility beyond the original design of the
Facility as evidenced by the approved plans required to issue the original certificate of
occupancy, the Operator shall be responsible and pay for applying and obtaining such
permits as may be necessary to accommodate such improvements. The Operator shall not
make any improvements without the prior consent of the City, which consent shall not be
unreasonably withheld.
7. MINIMUM SAFETY STANDARDS: The Operator shall maintain the Facility in
compliance with all applicable minimum safety standards.
8. MANAGEMENT AND STAFFING OF THE FACILITY: Operator shall provide
sufficient staff to operate the pool as contemplated by the terms of this agreement and shall
have one aquatics manager (certified in Aquatics Facility Operation, International Swimming
Instructor Association Adaptive Aquatics Certification, American Red Cross Water Safety
Instructor, Lifeguarding, CPR and First Aid) on site. Staffing requirements will vary as
necessary including but will not be limited to supervisors, swimming instructors, lifeguards
and office personnel. All swimming instructors will be certified in American Red Cross
Lifeguarding, CPR, First Aid and as a Water Safety Instructor. If at any time a lifeguard is
not on duty, the Operator will ensure the pool is not open to the public.
9. DUTIES AND RESPONSIBILITIES OF THE OPERATOR: Operator agrees to provide
its services during the term of this Agreement in accordance with all applicable laws,
regulations, and health and safety standards and will ensure that its employees, agents and
other parties follow all applicable laws, codes and regulations.
10. PERSONNEL: All Operator personnel who will work at the City's pool in fulfilling the
terms of this Agreement, including all lifeguards, shall be employed solely by the Operator
and be employees of the Operator. NO LIFEGUARDS OR OTHER PERSONNEL SHALL
BE ENGAGED BY THE OPERATOR AS AN "INDEPENDENT CONTRACTOR" TO
FULFILL THE TERt\1S OF THIS AGREEMENT.
A. Operator agrees to pay the following for Operator employees, including all lifeguards:
• Wages
• Income tax withholdings
• Social security withholdings
Page 4 of 14
• State unemployment insurance
• Federal unemployment insurance
• Workmen's compensation insurance
B. Operator shall include City residents in the application or selection process of its
personnel.
C. All of the Operator's personnel, without exception and at the cost of the operator, shall
submit to and pass a Level II Background Check and Drug Test in order to work at the
Facility and proof of the same shall be provided to the City.
D. Personnel employed by the Operator shall have Basic Life Guarding Certificates,
Lifeguard Training Certificates, or the equivalent, as well as Red Cross CPR and First
Aid.
E. Personnel employed by the Operator shall go through the Operator's orientation
training, onsite training, and an annual guard training review.
F. Personnel will be trained in the area of blood borne pathogen and provided a blood
borne pathogen exposure control kit.
G. Lifeguards shall have the authority to discipline swimmers and any and all other
persons within the pool facility, within their best judgment and sole discretion
consistent with the published and posted rules of the Operator and minimum safety
standards as established herein.
H. Certified Pool Operators (CPO) will train all management personnel on independent
mechanical operation of City's facility.
1. Operator's full time management staff will supervise personnel. Operator supervisors
will inspect the City'S facilities no less than two (2) times each week to check the
Facility. The Operator shall provide the City monthly maintenance reports.
II. PERSONNEL RESPONSIBILITIES: Operator personnel responsibilities shall include, but
not be limited to, the following duties:
A. Life guarding all pools
B. Checking water chemistry and record readings a minimum of three (3) times a day or
as per State and County requirements
C. Maintaining chemical balance of pool water
Page 50f14
D. Cleaning tiles around pool edge
E. Back washing filtration system as needed
F. Cleaning pump system strainer basket
G. Cleaning bathhouse daily, and inspect same each hour
H. Cleaning swimming pool area daily
1. Vacuuming pool a minimum of two (2) times per week or as needed
J. Emptying trash receptacles and placing receptacles within the fenced area at the curb
on trash days
K. Straightening deck fumiture
1. Replenishing janitorial supplies in bathhouse
M. Enforcing the Operator's rules for the safety and convenience of all patrons
N. Maintain mechanical equipment
O. Report all medical or disciplinary action to the Operator (copies of reports available to
City upon request).
P. Contacting the City Manager prior to opening for instruction on City'S rules and
regulations.
Q. Lock and secure facility upon closing.
R. Demonstration of safety rescue procedures.
S. Report and document all action that may jeopardize the spirit and content of this
agreement.
12. WATER QUALITY: If, in the discretion of the Operator, it is determined that the water
quality is insufficient to properly operate the pool, the Operator shall have the right to close
the pool for such period of time as shall be necessary to correct the water quality. Operator
shall use its best efforts to correct the water quality and any work performed by Operator
shall be subject to the terms and conditions herein of this Agreement
13. CHEMICALS AND SUPPLIES: Operator agrees to supply and maintain, at its expense:(a)
all chemicals and supplies required for safe and clean pool water, (b) changing area and
bathroom supplies, ( c) cleaning supplies, (d) light bulbs for the bathrooms, pump room, and
lifeguard room, (e) all equipment necessary to efficiently clean the pools, and (f) all first aid
supplies and equipment. Said chemicals and supplies shall be of good quality.
Page 6 of14
14. INSURANCE/LIABILITY: Required insurance for the Facility shall include the following:
1. Operator will provide liability insurance reasonably satisfactory to
City to insure against any claims for negligence arising out of or
related to the Operations and will provide City with evidence of such
insurance at the time this Agreement is executed. Operator will
provide City with a Certificate of Insurance listing the City of South
Miami as an additional named insured; and
2. City will supply Operator with a Certificate of Property and Casualty
Insurance as to the Facility, confirming the existence of coverage.
At a minimum, Operator shall maintain and keep in full force the following coverage:
1. Worker's Compensation insurance covering all persons engaged on
behalf of the Operator in the performance of the terms of this
agreement in accordance with Chapter 440, Florida Statutes.
2. General liability insurance in the amount of $1,000,000.00 for each
accident and $2,000,000.00 for each person.
3. Umbrella Commercial General Liability msurance on a Florida
approved form with the same coverage as the primary insurance
policy but in the amount of $5,000,000.00 per claim.
Operator agrees to supply copies of certificates of insurance to the City verifYing the
above-mentioned insurance coverage. Operator agrees to list City as an Additional
Named Insured of the Operator's General liability and Umbrella Commercial General
Liability insurance and shall provide the City quarterly reports concerning any and all
claims.
15. PATRON COMMENTS: City agrees to communicate any comments, suggestions, or
complaints concerning the pool, pool staff, or management service directly to the Operator
management as well as the pool manager.
16. QUARTERLY WALK THROUGH: The Operator and the City shall coordinate and will
complete a quarterly walk through of the City's facility to inspect the condition of the
Facility. Upon inspection, the Operator will provide a written report sent to the City. At the
City request, Operator will perform any repairs listed in the report that may be required as a
result of said inspection, in accordance with this Agreement.
Page 7 of 14
17. OPERATIONS OF THE FACILITY: Operator shall bear all costs and be solely
responsible for the operations of the Facility ("Operations"). Operations shall include the
following
A. FACILITY: Operator shall operate and be responsible for the Facility and shall
not operate nor be responsible for any and all areas outside of the Facility.
B. SCHEDULING AND PROGRAMMING OF THE FACILITY: Operator shall
have exclusive control over and be responsible for the scheduling and
programming of the Facility.
1. Swimming programs shall include, at a minimum, recreational/open
swim, swimming lessons by the Operator, lap swimming, and
community rentals.
11. Operator shall determine the scheduling of all programs offered at the
Facility. No less than 25% of weekday normal operating hours and
50% of weekend normal operating hours will be provided as open
swim sessions. The Facility shall be open for business for a minimum
of 40 hours each week.
iii. Operator shall provide reasonable public access and community use of
the Facility so as not to interfere with Operator's programs.
iv. Program fees will be reasonable and comparable to rates and fees
charged by similar public facilities in the surrounding area.
v. Open swim sessions on a not to interfere basis shall be provided to
children who reside within the City at a rate or fee that is reasonable
and comparable to rates and fees charged by similar public facilities in
the surrounding area and reduced rate swimming lessons will be
available for City residents.
v!. The City shall not limit the ages of the children who use the facility.
vii. Operator will have the right, with mutual agreement with the City, to
allow other operators the ability to operate programs at the Facility
under the Operator's supervision.
viii. The Facility shall be open at a minimum of 40 hours per week but the
City shall not restrict the hours or days of operation of the Facility.
ix. The City shall not interfere with Operator's programming or
scheduling of the Facility.
Page 8 of14
x. The indoor pool shall be predominately used for sWlmmmg
instruction.
C. SIGNS: The Operator shall maintain and provide all necessary and required
signage for the Facility.
1. City shall require Operator to display signs, at least 8 Yz" x 11", at all
entrances to the pool premises, in plain view, designating the
responsibility of the Operator for the pool staff; and, shall seek approval
for the same from the City Manager and the City's Environmental Review
and Preservation Board (ERPB).
D. OPERATING COSTS AND EXPENSES: Operator shall bear any and all costs
required to carry out the Operations of the Facility, including but not limited to
payment for any and all metered utilities required to operate the Facility such
electricity, gas, and water.
E. MAINTENANCE OF THE FACILITY: Responsibility for the maintenance of
the Facility shall be allocated as follows:
1. Operator shall be responsible for and pay for all costs to maintain
the Facility, and shall not be responsible for the area outside of the fence
of the Facility.
2. Should some aspect of the Facility require repair or special
maintenance the Operator agrees to promptly pay for and address the
same. The Operator will pay for all repairs outside of warranty period.
3. The Operator shall keep records related to the maintenance and
submit quarterly reports concerning the same.
F. PROPRIETARY TEACHING METHODS: Operator shall have complete
ownership of the Operator's unique proprietary teaching methods including the
swimming programs and teaching of the Facility. The Operator's unique
proprietary teaching methods, management and operating procedures will be used
only when Operator is the operator of the facility.
18. REVENUE: Operator shall charge reasonable rates and fees for use of the Facility by
patrons and is entitled to all revenue generated by such rates and fees.
19. TAXES: Operator shall be responsible for all payments of federal, state, and/or local taxes
related to the Operations, inclusive of sales tax if applicable.
20. SECURITY: Operator shall maintain any and all installed security and alarm systems that
may be necessary for the proper safeguarding of the Facility and City'S residents including,
Page 9 of14
but not limited to, contracting with a monitoring company and assuring said applicable
systems are directly connected with the City's Police Department.
21. IMPROVEMENTS: Should Operator install or improve the Facility beyond the original
design of the Facility as evidenced by the approved plans required to issue the certificate of
occupancy, Operator shall have the right to remove and retain those improvements after
termination of this Agreement provided that such removal does not cause structural damage
to the Facility and provided the premises are returned to their original condition before the
improvements in question were made. Any and all improvements shall first require City
Manager written approval.
22. INDEPENDENT CONTRACTOR: Operator is an independent corporate entity under this
Agreement and nothing herein shall be construed to create a partnership, joint venture, or
agency relationship between the parties.
23. DUTIES AND RESPONSIBILITIES: Operator agrees to provide its services during the
term of this Agreement in accordance with the terms and conditions of this Agreement, all
applicable laws, regulations, and health and safety standards.
24. LICENSES AND CERTIFICATIONS: Operator shall secure all necessary business and
professional licenses at its sole expense prior to undertaking the Operations.
25. CITY'S DUTY: City has a duty throughout the Term of this Agreement to cooperate with
Operator and use its best efforts to construct and deliver the Facility in good working
condition free of any and all defects, provide access to the Facility including maintaining the
parking area for the Facility and not to interfere with any of Operator's duties or obligations,
including but not limited to the operations and maintenance of the Facility, under this
Agreement.
26. ENTIRE AGREEMENT, MODIFICATION, and BINDING EFFECT: This Agreement
constitutes the entire agreement of the parties and supersedes any prior agreements,
understandings, representation or negotiation, written or oral. This Agreement may not be
modified or amended except in writing, signed by both parties hereto. This Agreement shall
be binding upon and inure to the benefit of the City and Operator and to their respective
heirs, successors and assigns.
27. SEVERABILITY: If any term or provision of this Agreement or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term or provision to persons or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
Page 10 of 14
28. NON-WAIVER: City and Operator agree that no failure to exercise and no delay in
exercising any right, power or privilege under this Agreement on the part of either party shall
operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this
Agreement, in whole or part, including the provisions of this paragraph, may be implied by
any act or omission and will only be valid and enforceable if in writing and duly executed by
each of the parties to this agreement. Any waiver of any term, condition or provision of this
Agreement will not constitute a waiver of any other term, condition or provision hereof, nor
will a waiver of any breach of any term, condition or provision constitute a waiver of any
subsequent or succeeding breach.
29. NO DISCRIMINATION: No action shall be taken which would discriminate against any
person on the basis of race, creed, color, national origin, religion, sex, familial status or
disability.
30. INDEMNIFICATION: Operator hereby covenants and agrees to indemnifY and hold
harmless the City from and against any and all losses, damages, costs and expenses,
including, without limitation, attorneys' fees and court costs, that may be incurred or suffered
by City as a result of any claim, including, without limitation, a claim for negligence, being
asserted against City by any party which arises from, results from, relates directly or
indirectly to, or is in any way whatsoever connected with Operator's obligation and duties
under this Agreement.
31. TERMINATION: Operator has the right to terminate the Agreement with or without cause
and provide notice of such termination on 90 days notice of termination specifying with or
without cause. City has the right to terminate this Agreement with cause only and provide
notice of such termination on 90 days notice of termination specifying with cause. "With
cause" shall be defined solely as a material breach of any term of this Agreement and
"without cause" shall be defined as any other reason. In the event either party terminates
"with cause", both parties shall have first a duty to attempt to resolve the breach in good
faith. If a party fails to comply with the terms of this Agreement, then, after receiving
written notice of the failure of a party to comply with the terms of this agreement (a
"default"), the defaulting party shall cure the default as soon as practicable. The failure of a
party to timely cure a default after receiving written notice shall be considered a material
breach of this Agreement.
32. GOVERNING LAWS: This Agreement and the performance of services hereunder will be
governed by the laws of the State of Florida, with exclusive venue for the resolution of any
dispute being a court of competent jurisdiction in Miami-Dade County, Florida.
33. ATTORNEYS' FEES: In the event there is any litigation between the parties arising out of
or relating in any way to this Agreement or a breach thereof, the prevailing party shall be
entitled to recover its reasonable attorney's fees and costs.
34. AUDIT: Upon request and during regular business hours, the Operator shall allow the City
or its consultant to audit, inspect, and examine the facility for safety and contractual
compliance. In an effort to confirm such information, the City may communicate directly
Page 11 of 14
with service providers and providers of pool maintenance goods. Additionally, the Operator
shall keep complete and accurate books and records of accounts and business operations in
accordance with generally accepted accounting principles for a period of three (3) years
following termination of this Agreement.
35. LIQUIDATED DAMAGES: Upon approval of the master building permit for the Facility,
the City shall deliver notice of such approval to the Operator and within ten (10) days of
receipt of notice the Operator shall either (1) provide the City with a performance bond in the
amount of $100,000 or (2) a deposit of $60,000 equal which shall be held in a separate
interest bearing account just for this purpose set up and maintained by Operator's attorney.
The Operator's attorney must be licensed to practice in the State of Florida and be in good
standing with the Florida Bar Association. If Operator elects to provide a deposit, Operator
shall provide proof and confirmation to City that the deposit has been made within five (5)
days of making the deposit. City may request, at any time, an accounting of this account.
The Operator and the escrow agent shall sign an escrow agreement, a copy of which is
attached hereto and made a part hereof by reference.
A. In the event that Operator terminates with cause as defined by this Agreement, the
deposit with interest shall be retained by or the performance bond returned to, as
applicable, the Operator within ten (10) days of termination of services as provided in
paragraph 31.
B. In the event that the Operator terminates the Agreement without cause, the deposit
without interest shall be provided to the City in a check made payable to the City or
the performance bond shall be drawn upon, as applicable, within ten (10) days of said
termination. In the event that the deposit is provided to City or the bond forfeited, the
deposit or bond, as applicable, shall be considered liquidated damages under this
Agreement and Operator's sole liability under this Agreement.
C. If the Agreement has not been terminated and at the end of the ten (10) year term, the
deposit with interest shall be retained by or performance bond shall be returned to, as
applicable the Operator within ten (10) days notice of said termination.
D. In the event that the conditions precedent set forth in Section 1 of this Agreement are
not satisfied and Operator has provided the deposit or performance bond, as
applicable, the deposit with interest shall be retained by or the performance bond
returned to, as applicable, the Operator within ten (10) days of such occurrence.
E. The terms of this paragraph shall survive the termination of this Agreement.
36. ASSIGNMENT: Operator shall not assign or transfer its rights under this Agreement
without the express written consent of the City. In turn and upon its approval, the City will
not unreasonably withhold and/or delay said consent.
37. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has
been executed by both parties hereto and the effective date shall be the date of its execution
by the last party so executing it.
38. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other
entity shall be a third party beneficiary hereunder, and that none of provisions of this
Agreement shall be for the benefit of or be enforceable by any other than the parties hereto,
and that only the parties hereto shall have any rights hereunder.
Page 12 of 14
39. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the intent and purposes of the Agreement.
40. TIME OF ESSENCE: Time is of the essence of this Agreement.
41. CONSTRUCTION: This Agreement shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
42. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its
obligations nnder this Agreement if caused by acts of God, civil commotion, strikes, labor
disputes, or governmental demands or requirements that could not be reasonably anticipated
and the effects avoided or mitigated. Each party shall notify the other of any such occurrence
and both party's obligations nnder this Agreement shall be stayed nntil the performance may
be resumed. In the event that performance is impossible to resume then this Agreement shall
automatically terminate and all parties shall be released from any and all liability nnder this
Agreement and the deposit or performance bond, as applicable, shall be retained or returned
to the Operator, as applicable.
43. PARAGRAPH HEADINGS: The paragraph headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning, content, or
interpretation thereof.
44. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by
hand delivery, e-mail, facsimile transmission or certified mail with return receipt requested
and shall be deemed delivered on the date shown on the delivery date on the return receipt or
the date shown as the date same was refused, as follows:
If to the City of South Miami:
With copies by U.S. mail to:
If to the Ocaquatics 2, Inc:
City Manager,
Hector Mirabile, PhD
613 0 S nnset Dr.
South Miami, FL 33143
Fax:
E-ma~il-:-------------------
City Attorney,
Thomas Pepe, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Ocaquatics 2, Inc.
clo Miren Oca, President
13408 SW 131 Street
Miami, FL 33186
Fax: (786)430-10 15
E-mail: miren@ocaquatics.com
Page 13 of 14
With copies by U.S. mail to: Alexandra L. Deas, Esquire
550 lIth Street, Ste 110
Miami Beach, FL 33139
IN WITNESS WHEREOF, the parties have signed this Agreement this __ day
of of2012.
OCAQUATICS 2, INC., a Florida corporation
Signature of Witness
Print Name
AUTHENTICATION:
Signature: ______________ __
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
Signature: ______________ _
City Attorney
By: __________________ __
Miren Oca, as its President
CITY OF SOUTH MIAMI
Signature: -=--=c:-----:--::--::-:-:------
Dr. Hector Mirabile
City Manager
Page 14 of 14
Design Description:
Pool Specs:
EXHIBIT "A"
Total Feet: approximately 8000 sq ft
One front desk/reception area
One individual offiee
One staff area
Six public individual changing areas
Four family style, unisex, ADA bathrooms
One viewing area
One pump room, 2 separate pump systems for each pool
One chemical room
One pool room with indoor pool (pool specs below)
One area for outdoor pool (pool specs below)
One lightning early warning system
Screened in fence to enclose pool facility
Security system
Pool #1
50' x 25' indoor pool
Depth: 3'6" to 4'3"
Approximately 35,000 gallons
Turnover Rate: 90 minutes
Pool #2
21' X 75' outdoor pool
Depth: 3'6" t05'
Approximately 70,000 gallons
Additional specs for each pools
Diamond Brite Interior
Recessed Gutter system (not skimmer)
Bull nose coping, 6" waterline tile
Underwater lighting
3 ladders with recessed steps
Lane Rope Grommets every 7 to 10 feet
Brushed concrete or exposed aggregate decking
Commercial deck drain system 100% around the pool
Dehumidification System with heat exchange system to heat the indoor pool
Semi Automatic High Rate Sand Filters
Remote access controllers
UV system for each pool
Heaters: Indoor Pool temp 90 degrees year round
Pool cover for each pool
Escrow Agreement
This Escrow Agreement between City of South Miami ("City"); Ocaquatics 2, Inc.
("Ocaquatics"); and ("Escrow Agent") is entered into at the same time that
the City and Ocaquatics have entered into a Franchise Agreement for the operation of the City
pool. This agreement is to be construed together with the Franchise Agreement.
As per the Franchise Agreement, Ocaquatics shall deposit with the Escrow Agent a security
payment of $60,000.00 ("Escrow Funds").
The Escrow Agent shall hold the Escrow Funds, together with any interest accrued, in
accordance with terms of the Franchise Agreement, a copy of which is attached hereto and made
a part hereof by reference.
If the City, or Ocaquatics, makes a demand for the disbursement of the Escrow Funds, the
Escrow Agent shall withhold all monies received until he or she receives a copy of the notice
terminating the Franchise Agreement to determine if said termination was with or without cause
as defined by the Franchise Agreement and shall disperse the Escrow Funds together with any
interest, as applicable, pursuant to the terms of the Franchise Agreement. The escrow agent shall
not disburse the escrow fund until giving both parties ten (l0) days written notice, sent to the e-
mail addresses of the individuals named in the notice provision of the Franchise Agreement. The
notice shall advise the parties of the intended disbursement and the name of the party to whom
the Escrow Agent intends to pay the Escrow Funds.
If any of the parties to this Escrow Agreement shall be in disagreement about the interpretation
of this Escrow Agreement, or about the rights and obligations of the parties, or the propriety, of
any action contemplated by Agent hereunder, or the disposition of the Escrow Funds, Agent
may, at its sole discretion, file an action in interpleader as to the Escrow Funds for the account of
the disputing party, to resolve said disagreement, said action to be filed in the Circuit Court of
Miami-Dade County, Florida, and thereupon any and all liability hereunder on the part of Agent
shall cease and terminate. Agent shall be indemnified for all costs, including reasonable
attorneys' fees, in connection with the aforesaid interpleader action, and shall be fully protected
in suspending all or part of its activities under this Escrow Agreement until a Final Judgment in
the interpleader action is received.
Escrow Agent assumes only the liability of a party to this Escrow Agreement. The Escrow Agent
shall incur no liability to anyone except for acts in bad faith, willful misconduct, intentional acts,
or gross negligence. All parties excuse and release the Escrow Agent for acts done or omitted in
good faith.
Signed this _ day of ____ " 2012
Miren Oca, as president of Ocaquatics 2, Inc.
Signed this _ day of ____ ,2012
Escrow Agent
(Print Name of Agent)
Signed this _ day of ____ ,2012.
City Clerk
APPROVED AS TO FORM, LEGLITY,
LANGUAGE AND EXECUTION THEREOF:
City Attorney
City Manager
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, FlorIda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami~Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JANUARY 19, 2012
in the XXXX Court,
was published in said newspaper in the issues of
12/28/201101/04/2012
Affiant further says that the said MiamrD:~.liiy Bus'lness
Review is a newspaper published at Miami in said· MiamiwOade
County, Florida and that the said newspaper has
heretofore been continuously published in said MiamiwDade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said MiamiwOade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertise for publication in the said
news~
Sworn to and subscribed before me this
,A.D. 2012
(SEAL)
V. PEREZ personally known to me
B.THOMA$
Commi$slon # DO ~3753~
Expires Novsmoer I., 201.;
flIlMetI nuu ill .. ), fll<ll !n~~~1W UOO·3s5·7U19
!HE~M,~!:Ill:I~AL~l~~iHerald.CO"'-....._~.~.~._~._~~~~_~___ SE SUNDAYclANYARY 12012 I 2~9SEl
RELIGION NOTES
EVENTS
Community Healin!l Service: Some-
times a little help from a neighbor is
all it takes to learn how to connect
or reconnect with God. Join the
community healing service and pray.
bless and anoint with oil those who
seek God's healir,g help.lndud~
contemporary Christian music,
refreshments and friendly conversa-
tion. Everyone is welcome; 5:30 p.m.
Sunday; St. Andrew's Episcopal
Church, 14260 Old CUtler Rd., Miami.
Free. 305-238-2161 or 'A'Ww.stan-
drewsmiamLorg.
Parent Seminar-How to ExplaIn God
to Your ChUdren: Where is God?
What does God look like? Children
often ask these typ~ of Questions.,
which can sometimes be difficult to
answer. Rabbi Epelbaum of Beth
David Congregation explores these
questions and offers ways to have
meaningful and thought-provoking
discussions with children. Ught
refreshments wi!! be served. Pre-
registration required; 8:45-9:45 a.m.
Jan 12; Beth DaVid CongrEgation,
Spector Ballroom, 2625 SW Third
Ave., Miami. Free. 305-854-3911, ext.
200 or www.hcthdavidmiami.or9.
Haiti Earthquake Memorial Prayer
Service: A Mass and prayer service is
held in the chapel; 10 a.m. Jan 12;
Archbishop Curley Notre Dame Prep
and Middle School Academy, 4949
NE Second Ave., Miami. Free.
305-751-8367 or www.acnd.net.
A Century Shabbat-The Impad of
Jewish Women-CelebratIng 100
Years of Hadassah and Beth David
Congregation: The congregation and
Hadassah, the Women's Zionist
Organization of America, celebrate
their centennials and the Jewish
women who forged that history.
Includes a wine and cheese recep-
tion featuring National Hadassah
President, Marcie Natan, followed by
a special Kabbalat Shabbat service
led by Cantor Julie Jacobs, Susan
Shane Under, Daphna Rose and
other guests. Oneg Shabbat follows
the servkes. Preregistration required;
6:1S p.m, Jan 20; Beth David Congre-
gation, Spector Ballroom, 2625 9N
Third Ave., Miami. Wine and cheese
reception $18, Kabbala! shabbat and
oneg free. 305-854-3911, ext. 200 or
wl'lw.bethdavidmiami.org.
SERVICES
Ahavat Olom: 7:45 p.m. Friday:
Musical Shabbat service; 10 il.m.
Saturday: Bible and Brunch Satur-
days; 10755 SW 112th St, Kendall.
305-412-4240 or e-mail
members@ahavatolam.org.
All Souls Miami: 10 a.m. Sunday:
Worship service held every first and
third Sundays; Dave and Mary Alper
Jewish Community Center, 11155 SW
1121h Ave., Kendall. 305-898-2489 or
http;f/aJlsQulsmiaml.org.
Bet Brelm Samu-E! Or OIom; Con-
servative and Reform worship,
Simultaneous Friday night services
at 7;30 p.m., Shabbat morning
Conservative services at 9:30 a.m.,
Bagels and Bible at 9:30 a.m"
preschool, day $chool and rel!gious
school available; 9400 SW 87th Ave~
Kendall. 305-595-1500 or
W\vw.bethreira.org.
Bet Shira Congregation: 6:30 p.m,
Friday and 9:30 a.m. Saturday:
Shabbat service: 7500 SW 120th St.,
Pinecrest. 305-238-2601 or
http://betshi;a.org.
Beth David Congregation: Minyan:
7:30 a.m. and 5;30 p.m. Monday-
Friday; 9 a.m.. and 5:30 p,m. Sunday
and on holidays: 9:30 a.m. Saturday:
Shabbat service; 2625 SoN Third Ave.,
Miami. 305·854-3911.
Central Presbyterian Church: Sun-
day: 9 a.m. Praise; 10 a,m. Christian
Education; 1! a.m, Traditional service
and 4-6 p.m. Youth Group; 12455 9N
104th St., West Kendall.
305-274-4007.
Christ Congregational Church: 10
a.m. Sunday service; 14920 SW 67th
Ave., Miami, 305-235-9381 or
W'.vw,christcongregatlona!.org.
Christ Fellowship; 305-238-1818 or
\,i'-Nw.cfmiami.org:
'Homestead: 10 a.m. and 11:30
a.m, Sunday; Worship service;
Waterstone Charter School, 855
Waterstone, Hom(>stead.
"Palmetto Bay: 6;30 p.m, Satur-
day, 9 and 10:30 a.m. and 12:30 a.m.
Sunday: Worship servke; 8900 SW
168th St., Palmetto Say.
"Red land Campus: 10:30 a.m.
Sunday: WorShip servke; 16390 SW
248th. St, Redland.
'Wl")st Kendal! Campus: 8:30 and
10 a.m. Sunday: Worship servrce: 10
a.m. Sunday: Servicio en Espana!;
Hi-Tech
Regal Kendal! Village Theater, 8595
SoN 124th. Ave., Miami.
Christ The King Lutheran Church:
8:30 a.m. Sunday: Contemporary
service; 10 a.m. Sunday: Traditional
se/"'lice; 11295 SW 57th Ave .• Pi-
necrest. 305---665-5063.
Chrisl The King Catholic Church:
16000 SIN 112th Ave., South Miami·
Dade. 305-238-2485.
Christian Science Sunday Radio
Program: Weekly radio program on
WINZ-AM (940); 8:30 a.m. Sunday.
www.christianscienceflorida.org.
Church of the Little Flower: 6:15 and
8 a.m, Thursday and Friday, 5 p.m.
Saturday, 7:30 a.m. (Children's Mass
9 a.m.), 10:30 a.m. and 5:30 p.m.
Sunday, 6:15 and 8 a.m. Monday-
Wl")dnesday: Mass in English; 5:30
p.m. TllUrsday and Friday, 12:30 and
7 p.rn. Sunday, 5:30 p.m. Monday-
Wednesday: t'-lass in Spanish; 2711
Indian Mound Trail, Coral Gables.
305-446-9950 or
www.cotlt.otg/Churdl/Pastor.asp.
Concordia lutheran Church: 8:30
and 11 a.m, Sunday se/"'lice; 8701 SW
124th St., Miami. 305~235-6!23.
Coral Gables Bapt!~ Church: SUIl-
day: 10 a.m. Bible Study, il a.m.
Worship; 7 p.m. Wednesday: Bible
Study;5501 Granada BlVd. at U. S. 1
across the street from University of
Niemi, Cora! Gables, 305-66S-4072.
Coral Gables Con9regational
• TURN TO RELIGION, 31SE
Air Service
Have Cool
Holidays!
13339 SW 88 Ave.
Miami FL 33176
I i
~ ~
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HERESY gNen that the City Commission of the City of South Miami, Florida wi!! conduct a PubliC
Hearing at its special City Commission meeting wheduled for Thursday .January 19 2Q12 beginning at 7:30 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the follol'ilng item for first reading:
(
An Ordinance authorizing the City Manager to execute a 10-year franchiSe agreement )
w. ilh Ocaquatics 2, Inc. for the operation and management of the planned South Miami
Murray Park Community Pool.
Provided that this item passes on first reading on the date stated above, it will be placed
for second reading and public hearing on the February 7, 2012. City Commission meeting
agenda.
ALL interested parties are invited to attend and will be heard.
Forfurther information, please contact the City Clerk'S Omce at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to A",)da Sts.tutes 286.0105, the City hom<by advises the public that ~ a person decides to appeal any deciskm made by
this EloaKl, Ageocy or Commission with respect to any matl& considered at its meeting or heating, he or she will need a re<:ord
of the p<oceedings, and that for SUCh purpose, aflecled person may need \0 emwre 11m! a vtNbatim rIle",d of tile proceedings Is
made which ,ecoro ir.cludes tile testimOflY and a>i1dence upon which 1M appeal is to be based.
TOWN OF CUTLER BAY
NOTICE OF ZONING WORKSHOP
The Town of Cutler Bay will be holding a zoning workshop on Wednesday, January 11, 2012
at 7:00 p,rn. at the Town of Cutler Bay Town Chambers, 10720 Caribbean Boulevard, Cutler
Bay, FL 33189.
Appllcation: Pride Homes of lakes by the Bay Parce! F, llC & The Parks by Garco,
LLC (c/o Lennar Homes, lLC)
Application No.: SP·2011~014
Location: South of SW 227 StreetiWest of SW 87 AvelNorth of SW 232 Street!
East ot SW 97 Ave
Folio: 36-6016~020-0010 & 36·6016-020-0011
legal: Tract ~A" of lakes by the Bay Faye, according to the plat thereof.
As recorded in Plat Book 165 at Page 69 of the public records of
Miami Dade County, Florida.
Description: Site Plan Approval to construct 154 "zero lot line' single family homes,
PLEASE NOTE that the zoning workshop will consist of two sessions:
A. First Session.
The first session, which shall last for thirty (30) minutes, shall provide a torum for
members of the public to learn about the above referenced proposed development
within the Town. During this session, the public is encouraged to ask questions and to
provide feedback to the applicants about the proposed development.
8. Second Session.
The second session, immediately following the first session, shall provide a forum
for the Town Council to learn about the proposed development discussed at the first
session. During this session, the applicant will be available to answer any questions
that the Town Council may have about the proposed development.
The proposed site plan may be inspected by the public at the town clerk's office at 10720 Caribbean
Boulevard, Suite 210, Cutler Bay, FL 33189. Interested parties are invited to attend the zoning workshop or
provide written comments to the town council.
In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special
accommodations to participate in these proceedings should contact the town clerk's office for assistance
at (30S) 2.34~2.62 no later than four bUSiness days prior to such proceeding.
!f a person decides to appeal any decision made by the town council, with respect to any matter considered
at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim recoro of the proceedings is made; such record includes the testimony and evidence
upon which the appeal is to be based (F.S. 286.0105).
Esther Coulson, Town Clerk
Robin Parker
YOUR REAlTOR fOR EVERY MOVE
robin@robinparkerse!lsmiami,com
www.robinparkerseUsmiami.com
305-546-0447
RE/MAX Advance Realty
OADELAND
8137 SW 87 Terrace
2 Bedrooms, 2 Baths, Plus loft
2,044 Sq. Ft $315,000
AOClSsa w, II €I =
Grade
Evaluations~ Sunday! February 12th
Season Runs from March· May
OnHrte Registrarlon only at w\\-w.tbam.org/basketbaH
or call B."ketb,1l Hotline at 305.661.6667 ext. 141
TEMPLE BETH AM
p,,,,>m;>M' i"'W. /Jr,
A Proud Corporate Sponsor
II Doctors Hospital
Cmkf 1wOrtlrof.(4k.&S~ M:/illine
9)II\lU,.~~.c....cmu
Attention Business Owners
Mom and Pop Small Business
Grant Program
For Miami~Dade County
District 8
Grant Money Available!
Up to $4,000 for Commercial Businesses
Or
Up to $2,000 for Home-Based Businesses
Applications available
January 10, 2012 through February 1, 2012
pICK up APPLICATIONS AT:
Commissioner lynda Bell's Districl Office
14707 South Dix;e Highway, Suite 101
Mlaml,Fl33176
Phon'" 305-378-6677
Attn, lQurdes Alard
0,
Neighbofs And Neighbors Associati"" (NANA)
lao NW 62 Straet
Miami, Fl33150
Applications online at www.rnlamidade.ijov!disbict08
There wHl be a mandatory in!ormatlon/wo,Uhop meeting expla;nlng th~
application and requirements held on Wednesday February 1, 2012, 0:00 p.m.
attha South Dade Government Canter at 103710 SW211 SbouIl, Suite 2M, .
Please be on time1
Complete<l applications will be accepted Irom Feb. 1 _ Feb. 7, 2012 by 5:00pm
Hand delNe, application to Ofstr,'ct Office or NANA
No laie applicat;o"s wi~ be acceptedl
I'w add~ional information contac!; Lawanza Rnn..,. 305-7(;6.0605
Nelghborn And Neighbors AssociatiQn {NANAj
Please subml! 1 original Completed application marl/ed
ORIGINAL and 1 copy comp/eled application marked COPY.
We suggest you lieep a copy al$9, for your recordsl
daily
in your
inbox!
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICe IS HEREBY given that the City Commission of the City of South Miami, Florida wil!
condUct Public Hearing(s) at its regular City Commission meeting scheduled for ~
January 17. 2012;, beginning at 7:30 p.m" in the City Commission Chambers, 6130
Sunset Drive, to consider the following item(s):
An Ordinance amending the City of South Miami's existing Fee Schedule,
Ordinance No. 04~11-207; amending Section A of the Building Department
Schedule of Permit Fees.
ALL interested parties are invited to attend and wUl be heard.
For further information, please contact the City Clerk's Office at: 305~663~6340,
Maria M. Menendez, CMC
City Clerk
the ""blic that if a person decides tQ app.eal any decision
matter considered at its meeting or hearing, he or she will
may nee~ to ensure that a verbatim recoro
(tJ) ....
~2·'·-, .. ""
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Publio
Hearing at its special City Commission meeting scheduled forTbursday January 19 2012 beginning at7:30 p.m"
in the City Commission Chambers, 6130 Sunset Orive, to consider the following item 1m first reading: )_
l An Ordinance authorizing the City Manager to execute a 10-year franchise agreement
with OcaquatiC$ 2. Inc. for the Op€ration and management of the planned South Miami
Murray Park Community Pool.
Provided that this ilem passes on first reading on the date stated above, it win be placed
for second reading and public healing en the February 7, 201 2 City Commission meeting
agenda.
AlL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Ronda Statutes 286.0105. !he Coty hereby advlses \he pvbltc that!f a p<lrs"" decides to appeal any decision made ~
this Board, Agency or Commissi<;n w~h respect to any matter considered at its meeting orhearing. he or she will need a record
of the proceedings, and that for such purpose. affected pe!\l<ln may need to ensure that a Wfba~m record of tha proceedings is
made whfch ,ecom includes the testimony and e;v,donce upon which tha appeal ;s to be based.