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2South Miami httd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM rfiiP To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AICP .; / Plannmg DIrector ~ Date: February 19,2013 Subject: ITEM No._d-=_\ __ 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 5880 Sunset Drive to promote an event titled "Heart of a Chef', held by the Florida Heart Research Institute at the Fairchild Tropical Botanic Gardens on April 28, 2013. APPLICANT'S REQUEST The applicant, Florida Heart Research Institute, a non-profit organization, submitted a Banner Request Application, asking for approval to hang a banner over 5880 Sunset Drive to promote the event "Heart of a Chef". This is a unique culinary experience benefiting the Florida Heart Research Institute that will be held at the Fairchild Tropical Botanic Gardens on April 28, 2013. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended the Land Development Code to require approval of all banners placed across a public street. The ordinance created Section 20-4.3(N) which sets forth regulations governing the placement of banners. Section 20-4.3(N) of the Land Development Code states the following: 1. Organizations wishing to display a banner over rights-aI-way 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 after 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 5880 Sunset Drive between the dates of April 16, 2013 through April 28, 2013. However, because the Public Works department only hangs banners on Wednesdays, the proposed banner will have a display period of April 17, 2013 through May 1, 2013 which is approximately eleven (11) days before the advertised event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period April 17, 2013 through May 1, 2013, which is in compliance with Section 20- 4.3(N) Backup Documentation: • Draft: Resolution • Banner Request Application, submitted on December 4,2012 • Fee Schedule, Part 2 of 4, dated December 5, 2012 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate Z:\Commission Items\20 13\2-19-13\Fla Heart Research Institute Banner\Fla Heart Research Inst Banner Request_ CM Report 2-19- J3.doc 1 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-of-way at 5880 Sunset Drive to promote an event titled 6 "Heart of a Chef', held by the Florida Heart Research Institute at the 7 Fairchild Tropical Botanic Gardens on April 28, 2013. 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 11 City street must submit a Banner Request Application; and 12 13 WHEREAS, the applicant, Florida Heart Research Institute, 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 "Heart of a Chef', an event to be held at Fairchild 16 Tropical Botanic Garden located at 10901 Old Cutler Road on April 28, 2013. 17 18 WHEREAS, the submitted application contains the required insurance statement, 19 non-profit certificate, banner design document, and fee; and 20 21 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 22 support the Florida Heart Research Institute event. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 26 27 Section 1. The request submitted by the Florida Heart Research Institute, a non-profit 28 organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5880 Sunset 29 Drive, to promote the event titled "Heart of a Chef', an event to be held at Fairchild Tropical 30 Botanic Garden located at 10901 Old Cutler Road on April 28, 2013, is hereby approved during 31 the following period: April 17, 2013 through May 1, 2013. 32 33 Section 2. This resolution shall be effective immediately upon being approved. 34 35 PASSED AND ADOPTED this __ , day of ___ , 2013. 36 37 ATTEST: APPROVED: 38 39 40 41 CITY CLERK MAYOR 42 1 Commission Vote: 2 READ AND APPROVED AS TO FORM Mayor Stoddard: 3 LANGUAGE, LEGALITY AND Vice Mayor Liebman: 4 EXECUTION THEREOF: Commissioner Newman: 5 Commissioner Harris: 6 Commissioner Welsh: 7 CITY ATTORNEY CITY OF SOUTH MIAIvll PLANNING find ZONING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 305·663·6326 Banner Request ApplicMion Applicntioll for tue purpose of requesting approval to display bunncr~ over public streets promoting events as set forlh ill Ordinuncc No. 10-07· 1911; LDC Section 20-4.3(N) Attached Nnme orNot fOl' Profit Organizlltion ____ :.....Pi....,.7CV=..:.l:'g,=4.t......J..H:=4 .... ft---:....&s::0==" ..u..rct1=-<.-,..lnsfdy!c,=',,-,'~' """'-"-'-'-'e-::''---__ _ Addl'css of Ol'gnul:mtion ___ ~_rn-'-"'D--'-B=i::x.=f&("'¥-'re>C-..:.8--cJ1'-"'\£=21'--_:lk'-'-, ..".!];Q=--______ _ (vI iC{mil fi, .33e[J j Contnet Pel'son -->o.3a...c.:;;':tO-Ci..;..·_fi,--"_re...;.5f)....cK.--"(a....;.l'Tt2....:..;.;;z'---____________ _ ~ " n I /., _\ {p"'1t J 2i<Jf Title _'-N\Uau:.,f'/>'Y=.;..:...:~"'f-.:..r.I/~IYf'l...I....!::q:u--; (.I/-)y ___ Phone 02» 'f{ #"JAYJ Briefly describe event fol' which you wish to display n bnmIC!' ill South Minmi. +0 eol qf'tl/fAy ihb'Yjb 4 -/Un iherrc<!. r/.qy,!J:R 0vca (?uSeit IANtiteta.e,<,;,\ or Event dnte(s)· auld h)')t:/ 20/3 Dates bnIlucl'to be displayed Awil, I ((J/~ to ~/. 21) :t.Qt;1. lipn I Locntiou(s) 563D I,ld@+ l)~Ve A fee of$300 per bnnner is r quil'ed to cover cost incurred by the City to lIang and remove the blumes'. Received by ~# " I\S~ qLt 2- tz ATTACHl'VIENTS REQUIRED: P.'oofofInsul'nllce Rec'd~ Banner Design (including wording) Rec'o Proof of em'rent Non-Profit Corp. Status Rec'd Banners wiU be displayed 10-14 days before the advertised event takes place; nanuet's will be removed by the City nftel' the end of the specht! event. Bnune,' Specifications: 30 feet long x 3w4 feet wide, 60 feet of Yl inch nylon rope with hooks and the banner must have venfs. City Commission Appl'ovnl Resolution No. _______ Dnte ____ _ Dllte ____ _ City Manngel' (Tv hI! signed by City Mal/tiger lollmvilll] approvlIl by City Commission) Rev. 11120110/011JJ11i P:lFrIf/IISIP[J-BIlIlIIe/' AppllCllllolI.dvc 13 Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: _ , i \ , 1'2/1-; IlL .J , CHECK NO: \J\ SeA, qq 9:\ NAME: nY)h(,j?t Vlto,A ('k)\'i;.rr/tr)]h)-hltAi(~ ADDRESS: !.jT)t) JS!)(4~re Pd Vd, iKhJ PHONE NO:(bn 1u'7'I~?i;'Z() 001.0000.341.3000 NEWSRACK APPLICATION FEE ... " .. ".,,($50 per newsrack) 001.0000.341.3000 OUTDOOR DINING / 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 001.0000.341.3000 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) 01 51 Issuance; Renewals: 0 2nd 0 3rd 001.0000.341.3000 BANNER OVER PUBLIC STREET ........................................ ($300) $ 3c...::oc..." ..:::...0 __ 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) 001.0000.341.3000 TREE REMOVAL PERMIT ($75 for first tree, $35 for each additional tree) ." .... " ......... " ................ .. 001.0000.341.3000 WAIVER OF RIGHT-OF-WAY IMPROVEMENTS................ ($1,500) 001.0000.341.3000 PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING 001.0000.341.4000 REQUEST FOR MICROFILM / IMAGING RESEARCH ....... ($100) 001.0000.341.4000 MICROFILM / IMAGING Reader/Printer copies ....... ($12 each image) 001.0000.369.9201 LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) Z:\Forms\Receipt fonns\RECEIPT FORM Pmt 11-1-18-12.doc Ordinance No.04-11-2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance GRAND TOTAL ---.----- From: Sent: To: Cc: Subject: Hi Marcus: Staci Ehrenkrantz [staci@floridaheart.orgj Monday, December 03,20123:54 PM Lightfoot, Marcus Sallie Byrd Heart of a CHef banner art Here is the art we submitted last year-but updated for this year. Almost there with what is required. THANKs, Staci Page 1 of 1 EXHIBIT "A" file:11 IZ:ICommission%20Items/20 1312-19-13/Fla%20Heart%20Research%20Institute%20... 2/12/2013 MIAMI16 OPID'C3 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 02/12/2013 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 HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 305-364-7800 CONTACT NAME: BROWN & BROWN OF FLORIDA INC PHONE . __ .-I FAX 14900 NW 79th Court Suite#200 Fax: 305-714-4401 UlLCJ'IJ1.J;l!lJ; ________ iA/C Nol: Miami Lakes, FL 33016-5869 E·MAIL ADDRESS: David A. French, AAI _ .. _- INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: *FCCI Commercial Insurance Co 33472 INSURED Miami Heart Research Institute INSURERB :*FCCllnsuran~~ CQI!!~any* 10178 Attn: Nancy Cava lie INSURER C :*Hartford Underwriters Ins Co 30104 4770 Biscayne Blvd, #500 Miami, FL 33137 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. INSR ADDL SUBR 1~~l5giJ~l ~~l5gjJ~l LTR TYPE OF INSURANCE I'N<;R 'wvn POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I-- A ~ ~MERCIAL GENERAL LIABILITY GLOO0217710 10/01/2012 10/0112013 '=''''I\IIi\''-,=-~ U_Kt:N I t:u $ 100,000 ~ill~Mt§ES (Ea occurrence) I--CLAIMS-MADE W OCCUR MED EXP (Anyone person) $ 5,000 I--PERSONAL & ADV INJURY $ 1,000,000 I--~I\L AGGREC!ATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,00C n POLICY n ~~<,9;: n LOC $ AUTOMOBILE LIABILITY fE~~~b~d~~trINGLE LIMIT $ 1,000,00C r---- B X ANY AUTO CAOO060748 10/01/2012 10/01/2013 BODILY INJURY (Per person) $ r----ALL OWNED --SCHEDULED AUTOS AUTOS BODILY INJURY (Per aCCident) $ r--I--NON-OWNED TROPERTY,gAMAGE X HIRED AUTOS ~ AUTOS Per accident $ r---- $ ~ UMBRELLA LlAB ~ OCCUR EACH OCCURRENCE $ 10,000,00C B EXCESSLIAB CLAIMS-MADE UMBOO0106511 10/01/2012 10/01/2013 AGGREGATE $ 10,000,00( DED I X I RETENTION $ 10000 $ WORKERS COMPENSATION I WCSTATU-I IOTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER_ C YIN 21WECGC2406 06/30/2012 06/30/2013 500,00C ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 500,00C (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes. describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below $ 500,00C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SOUTHMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of South Miami THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive S. Miami, FL 33143 AUTHORIZED REPRESENTATIVE I ~-.fc':;;;;;?B~!f;:~~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 00011 ... OEPAR'IMlNl OF REVENUE onsumer's Certificate of Exe Issued Pursuant to Chapter 212, florida statutes DR·i4 R. 04/05 03/12109 C 85-8013127588C-U [--'-'"'-'~"~/30!200n 't 06/:30/2014 [ 50'\ (C)(3) ORGANIZATION "~I --CGrtificaT(;'Ntm~---'--"'",--Effectivo Oalo---'---"""!:""":xp"""", ir-a"""Uo-n"""O'-a';-te-----'-------Exe-iTiPiiOri-Category ,_I This certifies that FLORIDA HLAlrJ RESEARCH r:OUNDATION INC 4770 BISCAYNE BLVD STE 500 MIAMI FL 33137 -3228 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. ... DEPAHTMENT OF RIVINUE DR-14 R.04/05 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer's Cet1ificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organiz~tion 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 collect 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 12A-1.070, FAC). 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 penalty 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 have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480.