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6•.. South Miami botad CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ;1iif' To: The Honorable Mayor and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AICP .rJlIJ/ Planning Director PJ.'" Date: May 7, 2013 ITEM No._------==-__ 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 5880 Sunset Drive to promote an event titled "25 th Annual Twilight 5K WalklRun," held by TeamFootWorks in Downtown South Miami on June 2, 2013. APPLICANT'S REQUEST The applicant, Team Foot Works, a non-profit organization, submitted a Banner Request Application requesting approval to hang a banner over Sunset Drive to promote the event "25 th Annual Twilight 5K Walk/Run". This is an event that promotes both fitness in the South Miami community as well as healthy initiatives on June 2, 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-ol-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; 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. Z:\Commission ltems\2013\5-7-13\Twilight Run Banner\Twilight Run Banner Request_ CM Report.docx 20tH 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 andfifiy-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 beginning on May 20, 2013 through June 3, 2013, which is display time period of thirteen (13) days before the event is scheduled to take place. However, because the Public Works Department only hangs/removes banners on Wednesdays, the display time period has been modified to May 22,2013 through June 5, 2013, which is a display time period of eleven (11) days before the event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period of May 22, 2013 through June 5, 2013, 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 March 25,2013 • Fee Schedule, Part 2 of 4 • Letter of Intent, dated March 6, 2013 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate • Event Information Z:\Commission ltems\201 3\5-7-13\Twilight Run Banner\Twilight Run Banner Request_ CM Report.docx 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 "25 th Annual Twilight 5K Walk/Run," held by TeamFootWorks in 7 Downtown South Miami on June 2, 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, TeamFootWorks, a non-profit organization, submitted a 14 Banner Request Application asking for approval to hang a banner over Sunset Drive to promote 15 the event titled "25 th Annual Twilight 5K Walk/Run," an event to be held in Downtown South 16 Miami on June 2,2013. 17 18 WHEREAS, the submitted application contains the required insurance statement, non- 19 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 TeamFootWorks event. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The request submitted by TeamFootWorks, a non-profit organization, for 28 approval to hang a banner (Exhibit "A") over Sunset Drive at 5880 Sunset Drive, to promote the 29 event titled "25 th Annual Twilight 5K Walk/Run," an event to be held in Downtown South 30 Miami on June 2, 2013 is hereby approved during the following period: May 22, 2013 through 31 June 5, 2013. 32 33 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 34 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 35 not affect the validity of the remaining portions of this resolution. 36 37 Section 3. Effective Date. This resolution shall become effective immediately upon 38 adoption by vote of the City Commission. 39 40 PASSED AND ADOPTED this __ day of ,2013. 41 42 43 ATTEST: APPROVED: 44 45 46 47 CITY CLERK MA YOR 1 2 3 4 5 6 7 READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 (305) 663-6326 Fax (305) 668-7356 Hanging Banner Over Public Street Request Form for Special Event South Mf.ftml 1'" 1 0 ... I d .. ~OOI 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). Complete this permit application form and submit the application to the Planning & Zoning Department located in the Sylva Martin Building in front of City Hall. This application must be submitted at least 30 days prior to the event date. An application fee of $300 must be paid at time of submittal. If approved by the City Commission, this fee covers installation and removal of banner. If approved, take the permit and the banner to the City's Public Works Department located at 4795 SW 75 th Avenue Miami, FL 33155, at least one week prior to the installation date. The Public Works Department will install and remove the banner on the dates specified by the approved permit. Name of Non-for-_ Profit Organization ~~~4.J~-.As Organization ----.----- Address ~$ .sv~S6L~-,-\J~ ____ ._. __ Phone No. s:~M ~_'1-._k=l.,:......!>",--__ _ Authorized Re-• presentative Name ~() ~~ '~v~+-___ Rep. Title _a=~-=-I~...,.,-"tN,--",-,,-r ______ _ Event Name~7W't..t6IJT s::~ Event DateQ2-_~~~ Event Type$A ;Pv;.J 0AJ\' Approximate Installation Date Requested: ZO~~_~L~ __ . ,. thru ~ Jv"'4 J.D.L~ __ _ [--) r-::;J Banner Location Requested: L __ J 5800 Sunset Drive ~5880 Sunset Drive Briefly describe event for which you wish to display a banner in South Miami: ---------- ______ ~.A __ ~ JJ~~---~-.-&~ __ ~--bv:~~S .------------------- > Applicant understands that the Banner installation is 10-14 days before the advertised event day. ,. Installation and removal dates are based on workload. The City is not responsible for the condition of the banner during this period. ,. Applicant agrees to pickup banner within seven (7) days after the event. The city may discard the banner(s) after the specified period. ,. Banner Specifications-30ft X 3-4ft wide, 60ft of h (halD nylon rope with hooks and the banner must vents. ~ktkG, -. 2.. ( I1D~ate --.Utll-. SJ:: Applicant's Signa:~= " . ==~ PLANNING & ZONING OFFICE USE ONLY: SUBMITfED REC'D BY: INITL-\.L > Illustration of banner showing height, width of the banner, and lettering B' ___ ~~-:;:--___ _ > Copy of liability and/or property damage insurance required ~ '@t..G!l ,. Application fee $300.(per application) L:J ~ City Commission Approval Resolution No .. ___________ _______ . ________________ ._ Comm. Date: Comment: 14-16 Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: .~~ ·25 13 CHECK NO: PH' I if ______ ~~_L __________ __ NAME: 'TeaM FtJ-i) V;lW/L-5 ADDRESS: 5l-}~'t S~e f Dvlve. PHONE NO: 3/lt (..& ( fLcu:.e 001.0000.341.3000 NEWSRACK APPLICATION FEE ............ ($50 per newsrack) 001.0000.341.3000 OlJTDOOR 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) (5520 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) . 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 ....... ($12 each image) 001.0000.369.9201 LDC, COM}> PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) Z:\Fonns\Receipt forms\RECEII'T FORM I'mt II -1-IS-12.doc Ordinance No.04-11-2077 adopted 1-4-11 "~L-:: White copy to Planning; Pink copy to Customer; Yellow copy to Finandt~ GRAND TOTAL 5724 Sunset Dr. South Miami, FL 33143 To: Steve Alexander City Manager City of South Miami Mr. Alexander, 30S-666-RACE . www.teamfootworks.org 3/6/2013 This letter is to accompany our special event application for the Twilight 5k Run Walk. The Twilight 5k is a healthy and wholesome family event based on exercise, fun, and music. This will be the eighth year my grandchildren along with many of their friends and extended families have participated. The attached route map and venue layout should provide a fair overview of the event. Supported by the Baptist South Miami Hospital and Town Kitchen and Bar, the run/walk will take place on Sunday evening, June 2nd, 2013. As we have in the past, the Twilight 5k will designate the South Miami Police Explorers as the charitable beneficiary for the run. If you have any questions please do not hesitate to calL Sincerely, ~ JO~S" Huseby Race Director TeamFootworks is a 501(c)(3) not-for-profit corporation committed to fitness education through the production of events and educational material. Throughout the year, we offer training programs and events to promote fitness. FEIN: 65-0455073 ACORV® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD!YYYY) ~ 3/8/2013 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 CONTACT Judy Weaver NAME: STAR Insurance -Fort Wayne Office r~gNJo.Extl: (260)467-5697 I fffc. Nol: (260) 467-5651 2130 East DuPont Road E·MAIL judy.weaver@starfinancial.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Fort Wayne IN 46825 INSURER A : National Casualty Company 11991 INSURED INSURER B: Nationwide Life Insurance Co. 66869 Road Runners Club of America 2013 & Its INSURERC: Member Clubs INSURER 0: 1501 Lee Highway, Suite 140 INSURER E: Arlington VA 22209 INSURER F: COVERAGES CERTIFICATE NUMBER'2013 -$2M A. I. 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 TYPE OF INSURANCE ADDL SUBR '1&~Mg~) IrOLlCYEXP LIMITS LTR INSR 'WVD POLICY NUMBER MM/DD!YYYY GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -~~~b~~JYE~~~Ju~~ncel X COMMERCIAL GENERAL LIABILITY $ 500,000 A I CLAIMS-MADE [i] OCCUR X ~O 000000 3086700 ~2/31/2012 2/31/2013 MED EXP (Anyone person) $ 5,000 ~ Legal Liabilitx to 12:01 A.M_ 12:01 A.M. PERSONAL & ADV INJURY $ 2,000,000 Participant $2,000,000 GENERAL AGGREGATE $ NONE - GEN'L AGGREGATE LIMIT APPLIES PER: ~use & Molestation PRODUCTS -COMPIOP AGG $ 2,000,000 Xl POLICY n ~~WT n LOC ~ggregate $5,000,000 ABUSE & MOLESTATION $ 500,000 AUTOMOBILE LIABILITY -fE~~~b~~~t~'NGLE LIMIT $ 2 000 000 A ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED ~O 000000 3086700 ~2/31/2012 2/31/2013 AUTOS AUTOS X BODILY INJURY (Per aCcident) $ X X NON-OWNED 2:01 A.M. 2:01 A.M. ~~~~;"~~~tpAMAGE $ HIRED AUTOS AUTOS r--- $ UMBRELLA LlAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ! l/,~$T~J,¥~! !OJ~-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B EXCESS MEDICAL & ACCIDENT X ~PX 00000 25699000 P.2/31/2012 ~2/31/2013 EXCESS MEDICAL $10,000 ($250 DEDUCTIBLE/CLAIM) tI.2:01 A.M. 112: 01 A.M. AD & SPECIFIC LOSS $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE OF EVENT: 06/02/13 Twilight 5K INSURED CLUB/EVENT MEMBER: TeamFootWorks, attn: J.ohn Huseby, 5424 Sunset Drive, South Miami FL 33143 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 06/02/13 City of South Miami ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive South Miami, FL 33143 AUTHORIZED REPRESENTATIVE ~-./~ ~~.....-: John Lefever/LORENZ ~ -,,?/ ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (?n100~\ 01 Th", A(":nRn n"m", "nrl Innn "r", r",nic::tt>r",rI rn"rlc", nf A(":nRn 000]8 1'1 ~y \~ DEPARTMENT OF ({[VENUE Iii Consumer's Certifi~~te -~f E~emptio~ __ _ ___ ~ ___ ~ ______________ .. ________ ._ _ __ . ~.~_.~ . .J Issued Pursuant to Chapter 212, Florida Statutes DR-14 R. 04/05 02/17/11 85-8012600365C-4 01/31/2011 01/31/2016 501 (C)(3) ORGANIZATION Certificate Number EHective Date This certifies that TEAM FOOTWORKS EDUCATIONAL AND FITNESS CORPORATION 5724 SUNSET DR SOUTH MIAMI FL 33143-5316 Expiration Date Exemption 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. " DEPARTMENT OF REVENUE Important Information for Exempt Organizations 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 Certificate 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 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 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. Internal Revenue Service Department of the Treasury Washington, DC 20224 Person to Contact: I> Team Footworks Educational Telephone Number: and Fitness Corporation c/o John K. Huseby 5724 Sunset Dr. South Miami, FL 33143 (202) 622-8140 Refer Reply to: CP:E:EO:T:2 Date: NOV 9 1994 Employer Identification Number: 65-0455073 Key District: Atlanta Accounting Period Ending: May 31 Foundation status Classification: 509(a) (2) Advance Ruling Period Begins: January 1, 1994 Advance Ruling Period Ends: May 31, 1998 Form 990 Required: Yes Dear Applicant: Based on-information supplied, and assuming your operations will be as stated in ,¥our'application for recognition of exemption, we have determined you are exempt-from-federal income tax under section 501(a) of the InterrialRevenue Code as an organization described-in section 501(c) (3). Because you are a newly created organization, weare not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported organization described in the section(s) shown above. Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must submit to your key District Director information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940.