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1South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager/ r From: Christopher Brimo, AICP nrlf / Plarming Director v.y ITEM No .. __ 1 __ Date: February 10,2012 Subject: A Resolution concerning an application pursuant to Land Development Code Section 20- 4.3(N), requesting approval to permit the installation of a banner over the public right-of- way at 5800 Sunset Drive to promote an event titled "Fairchild's 10th International Orchid Festival," held by the Fairchild Tropical Botanic Gardens on March 9 through March 11,2012. APPLICANT'S REOUEST The applicant, Fairchild Tropical Botanic Gardens, a non-profit organization, submitted a Barmer Request Application requesting approval to hang a barmer over Sunset Drive to promote the event "Fairchild's 10th International Orchid Festival". This is a festival showcasing orchid plants from around the world, and benefiting the Fairchild Tropical Botanic Gardens on March 9-11, 2012. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended the Land Development Code to require approval of all barmers placed across a public street. The ordinance created Section 20-4.3(N) which sets forth regulations governing the placement of banners. Section20-4.3(N) of the Land Development Code states the following: 1. Organizations wishing to display a banner over rights-ofway in the City of South Miami must submit to the Planning Department a "Banner Request" application at least thirty (30) days in advance. 2. The city commission will review all requests and will determine whether the request conforms to the following guidelines: a. Only not for profit organizations may display banners; b. Banners for no more than three (3) special events shall be displayed at any given time; 2001 c. Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes place; banners must be removed within (5) days afier the end of the special event. d. Banner design, color, size, proposed location and wording must be approved by the city commission, and must be submitted along with request. 3. The organization displaying a banner must provide proof of public liability insurance naming the City of South Miami as additionally insured for the period of time banner is displayed. 4. The organization must pay a two hundred and fifty-dollar ($250.00) fee. in advance or the actual cost incurred by the city to hang and remove the banner. The city commission may adjust this fee from time to time in order to reflect the current costs of installation. The city or one (1) of the first approved by the city to hang and remove the banners will be the only entities performing this task. The applicant has requested that the proposed banner be placed over Sunset Drive at 5800 Sunset Drive between February 26, 2012 through March 11, 2012. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period February 27, 2012 through March 11,2012, which is in compliance with Section 20-4.3(N) of the City's Land Development Code. Backup Documentation: • Resolution • Banner Request Application, submitted on January 25, 2012 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate • Event Information Z:\Comm Items\2012\2~21~12\Fairchi1d Orchid Festival Banner Request\Fairchild 10th Annual Orchid Festival Request~ eM Report.docx I RESOLUTION NO. ____ _ 2 3 A Resolution concerning an application pursuant to Land Development Code 4 Section 20-4.3(N), requesting approval to permit the installation of a banner 5 over the public right-or-way at 5800 Sunset Drive to promote an event titled 6 "Fairchild's 10 th International Orchid Festival," held by the Fairchild 7 Tropical Botanic Gardens on March 9 through March 11, 2012. 8 9 WHEREAS, pursuant to Land Development Code Section 20-4.3 (N) "Banners over 10 rights-of way", all non-profit organizations proposing to display a special event banner over a II City street must submit a Banner Request Application; and 12 13 WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non-profit 14 organization, submitted a Banner Request Application asking for approval to hang a banner over 15 Sunset Drive to promote the event titled "Fairchild's 10tiI International Orchid Festival," an event 16 to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between 17 March 9 and March 11,2012. 18 19 WHEREAS, the submitted application contains the required insurance statement, 20 non-profit certificate, banner design document, and fee; and 21 22 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 23 support the Fairchild Tropical Botanic Garden event. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The request submitted by the Fairchild Tropical Botanic Garden, a non- 29 profit organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5800 30 Sunset Drive, to promote the event titled "Fairchild's 10th International Orchid Festival," an 31 event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between 32 March 9 through March 11, 2012 is hereby approved during the following period: February 27, 33 2012 through March II, 2012. 34 35 Section 2. This resolution shall be effective immediately upon being approved. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this __ , day of ___ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 305-663-6326 Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10-07-1911; LDC Section 20-4.3(N) Attached Name?fN.0tforProfitj::::',,: l'\l/i'\ 'A.\ 2\ .. , (t~ ...in .. OrgamzatlOn '\ \.M,{()\N\(A _1/D~UlU\ ~c. ~W"(NV\/' Address of \".. k 1 flU. ,fI ~ Organization 0 "l 0, (!)\(A \...Vf\!l..1[ 1(JlJ~ (hm\ ~oJo'\QS,.fL 53\'5(0 Contact Person -No. \(\(}... :;by \~ Title ~O-.~~ -hss\S~ Phone 30s/IoCP1-I U?S) '1<3303 Briefly describe event for wbich you wish to display a banuer in South Miami. Event date(s) .3 \Od 12 -3]n )I;z"" Dates banner to be displayed ;z I Zip It 2. to 3/1 \ /Il.. Location(s) ~oJAr.. WOVw\\ iii 'too A fee of $250 per banner is required to cover cost incurred by the city to hang and remove the banner. Received by ____ -,... ________ Check # _______ _ ATTACHMENTS REQUIRED: Proof of Insurance Rec'd __ _ Banner Design (including wording) Rec'd __ _ City Commission Approval Resolution No. _______ Date ____ _ Date ____ _ City Manager (To be signed by City Manager following approval by City Commission) P:IFormsIPB-Banner Appllcatlon.doc i i l ! I I I l I -A .,..:-~~]....® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOfYYYV) I.. ::;: 01/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE..IOI n~" " If the • hol~er is an " ...... ".'':' .. ''" the policy(ies) must be If "VN IS WAIVED~ subject to the terms an~ ~ j of the pol~c~~ certain I may require an endorsement. A statement on this certificate does not confer rights to the ,lieu of such PRODUCER 1-: l80 ~ Arthur J. Gallagher R1Sk Management Services, Inc. . _Exfl, I iffc. Nol: 8200 N.W. 41st Street Sui:~ 200 . FL 33166 NAle, I INSURER A . INS CO 20397 INSURED I INSURER B Fairchild Tropical Botanic Garden I,NSURERe: 10901 Old Cutler Rd. IINSURERO: Coral Gables, FL 33156 I INSURER E: I INSURER F: . "'"MR~'" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i'~~.\' TYPE 0".<"0'."' POLICY NUMBER ~ LIMITS A GENERAL LIABILITY X 03/01/1J 03/01/121 EACH 1$1,000,000 X . LlABILI < 1$',000,000 J CLAIMS·MADE 0 OCCUR I MED EXP 1$ 2,000 • & AOV INJURY 1$1,000,000 ---- -,,-I GENERAL 1$2,000,000 I ~~2: AP~S ::: -eOMPIOP AGG 1$2,000,000 I POLICY I ~Il Y INJURY (P" ;'''0''1 1$ I LIABILITY I. - 1$ -ANY AuTO r----SCHEDULED ALL OWNED I BODILY INJURY (P" ,,,,,,,,II 1$ -AUTOS I--AUTOS NON-OWNED ".~AMAGE 1$ -HIRED AUTOS I--AUTOS 1$ UMBRELLA LlAB HOC~UR · EACH' 1$ - EXCESS LlAB 1$ IDEO I I <$ ~IIOJ,\" 1$ AND, • LIABILITY YIN 1$ /1~~~1 0 INIA • E.L EACH I • E.L DISEASE· , 1$ If",. E.L. DISEASE· POLICY LIMIT I • I DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Promotional Banner for the Orchid Festival to be displayed on Sunset Drive, South Miami. Florida from: .<>.... 26, 2012 -March 11. 2012. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami 6130 Sunset Drive South Miami, FL 33143 I ACORD 25 (2010/05) BETLAZ 25264233 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA \~ © 1988·2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~~ TR S D vPMhlh'lll "I' Ill .... rr¢I)~\lfY 1/11'li1/J lt . I..., llilfrnal Ht'\"('I1l!l' ,';('n'l("£' P.O. Bpx 2508 Cincinnati OH 45201 FAfRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTL~R RD CORAL GABLES FL 35156-4233 In reply refer to; 0248667147 July 22, 2010 LTR 4168G EO 59-0668480 000000 00 00016746 BODG, TiO n.)};CEl V.lSD JUL 2 3 2010 Emplbyer Identification Number: PerSon to Con~act: Toll Free Telephone Number: 59-066848Q Ms. Wittwer 1"877-829-5500 This is in response to your July 13, 2010, request for in'ormation regarding your tax-a~em~t status. Our records indicate that your organization was recognized as eXempt undBr section 501Ic)(3) of the Internal Revenue Code in a dbtarmination letter issued in June 1937. Our records also indicate that YOU are not • private foundation within the meaning of section 509(a) of the Code because yoU are described lh section(s) 509(a) (1) and 170(b) (ll (A) (vi). Donors may deduct contributions to yOU as provided in section 170 of the Coda. Bequests, legacies, devises, transfers, Dr gifts to y6u or for your USB are deductible for Federal estate and gift tax pur~osBs if they ~eet the applicable provisions of sections 2055, 21061 an~ 25~2 bf the Code. Begi~ning with the organization's sixth-taxable year and .11 sUcceeding years, it must meet one of tha public SUpport tests under section 170(bl(1)(A)(vi) or section 509(at(2) as reported pn Schedule A af the Form 990, If your organization does npt meet the public suppurt test for two consecutive years, it ia required to file Form 990-pr. Return of Private Foundation. for the second tax year that the orgRnization failed to meet the sUpport t~st and will ba reclassified a~ a PI-ivate foundatione If you have anY questions, please call Us at the taleghQne number shown in the heading of this letter. When: Friday, March 9,2012 -Sunday, March 11, 2012 from 9:30 AM to 4:30 PM Fairchild's 10th Annual International Orchid Festival! Choose from over 10,000 orchid plants from vendors from around the world. Explore the wonder of orchids during one of our many garden workshops and walking tours. Marvel at rare orchid species in the American Orchid Society juried show, presented by the Orchid Society of Coral Gables. Visit the elegant Orchid Tea Room for an energizing spot of tea and dessert. Enjoy wonderful food and entertainment. Part 2 of4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) OUTDOOR DINING I SEATING PERMIT ($45 per seat on public sidewalks, in Fiscal Year 2010-2011) ($55 per seat on public sidewalks, in Fiscal Year 2011-2012) ($65 per seat on public sidewalks, in Fiscal Year 2012-2013 and thereafter) ($520 per each stand-alone table top without seating for consumption of beverages or food, on public sidewalks) ($250 per year flat fee on private property) Resolution No. 150-08-12747 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) _____ _ 01" Issuance; Renewals: 02" 0 3" ~ 2 D i) BANNER OVER PUBLIC STREET ........................................ ($300) _---=? ___ _ Maximum of 14 days POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) MIAMI-DADE COUNTY SIGN APPLICATION ............. ($100 per sign) _____ _ TREE REMOVAL PERMIT ($75 for fITst tree, $35 for each additional tree) ..................................... . WAIVER OF RIGHT-OF-WAY IMPROVEMENTS................ ($1,500) _____ _ PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM I IMAGING REQUEST FOR MICROFILM I IMAGING RESEARCH ....... ($100) MICROFILM I IMAGING ReaderlPrinter copies ....... ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) GRAND TOTAL X:lFonnslReceipt formslRECEIPT FORM Part 1l1-4-11.doc Ordinance No.04~ 11-2077 adopted 1-4-11 . -,' J .. White copy to Planning; Pink copy to Customer; Yellow copy to Finance ')(101 :;. DEPARTMENT OF REVENUE ~ Consumer's Certificate of Exemption II Issued Pursuant to Chapter 212, Florida Statutes DR-14 R.04/05 08125/09 85-8012646655C-2 11/30/2009 11/30/2014 501(C)(3),ORGANIZATION Certificate Number Effective Date This certifies thai FAIRCHILD TROPICAL BOTANIC GARDEN INC 10901 OLD, CUTLER HD MIAMI FL 33156-4233 Expiration Dale Exem'ptr6n Category is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. Important Information for Exempt OrganizatiofiS II DR-14 R.04/05 1. You must provide all vendors and suppliers wllh an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAG). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activnies. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collecl and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule l2A-1.070. FAG). 5, It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penally of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate, 6, If you hilVequestionsregarding your exemptioo certificate, pleasec6htact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480,