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TO: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager September 17, 2013 Agenda Item No.:-"01111"'--_ 2001 A Resolution authorizing the City Manager to expend an amount not to exceed $25,000 to Distreebutors, Inc. for the installation and one-year maintenance of Oak Trees, Silver Buttonwoods, and Queen Crepe Myrtles within City boundaries in accordance with the City's Tree Planting Initiative. The City has implemented a Tree Planting Initiative that provides for the planting of street trees at selected property owners public right-of-way areas. City residents have been solicited and those that have responded positively will have a tree planted and maintained for one-year in the right-of-way areas of their property. The City accepted sealed quotations, including a quotation from Distreebutors, Inc., for the installation and one-year maintenance of Oak Trees, Silver Buttonwoods, and Queen Crepe Myrtles at various locations within the City. Within in a one year period, the following are estimates to be planted: • Ten (10) Oaks • Twenty (20) Silver Buttonwoods • Forty (40) Queen Crepe Myrtles Quantities of trees listed are estimated and should be used for planning purposes only and are not a firm commitment. Distreebutors, Inc. was a responsive and responsible vendor who provided the lowest bid. Distreebutors, Inc. will perform the work requested for a fee not to exceed $25,000 based on a per Oak Tree price of $286.00, per Silver Buttonwood price of $246.00, and per Queen Crepe Myrtles price of $386.00. ACCOUNTS: ATTACHMENTS: Tree Trust Fund (I 18-1750-519-3450) in the amount not to exceed $15,000 General Fund (001-1730-541-4625) in the amount not to exceed $10,000 Tree Trust Fund Invitation to Quote Form Email ITQ Request to Bidders Bid Opening Report Tree Planting Bid Summary Sunbiz Registration Distreebutor, Inc. Quotation 1 RESOLUTION ___ _ 2 3 4 5 A Resolution authorizing the City Manager to expend an amount not to exceed $25,000 to Distreebutors, Inc. for the installation and one-year maintenance of Oak Trees, Silver Buttonwoods, and Queen Crepe Myrtles within City boundaries in accordance with the City's Tree Planting Initiative. 6 7 WHEREAS, the City accepted sealed quotations, including a quotation from Distreebutors, Inc., 8 for the installation and one-year maintenance of Oak Trees, Silver Buttonwoods, and Queen Crepe 9 Myrtles at various locations within the City; and, 10 WHEREAS, Distreebutors, Inc. was a responsive and responsible vendor who provided the 11 lowest bid; and 12 WHEREAS, Distreebutors, Inc. will perform the work requested for a fee not to exceed $25,000 13 based on a per Oak Tree price of $286.00, per Silver Buttonwood price of $246.00, and per Queen Crepe 14 Myrtles price of $386.00 ; and 15 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 17 SOUTH MIAMI, FLORIDA: 18 19 Section 1. The City Manager is authorized to expend an amount not to exceed $25,000 for the 20 installation and one-year maintenance of Oak Trees, Silver Buttonwoods, and Queen Crepe Myrtles 21 within the City boundaries in accordance with the City's Tree Planting Initiative by Distreebutors, Inc. 22 Section 2. Severability: If any section, clause, sentence, or phrase of this resolution is for any 23 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 24 the validity of the remaining portions of this resolution. 25 Section 3. Effective Date: This resolution shall take effect immediately upon approval by the 26 City Commission. 27 28 PASSED AND APPROVED this __ day of ,2013. 29 30 ATIEST: APPROVED: 31 32 CITY CLERK MAYOR 33 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 34 LANGUAGE, LEGALITY AND Mayor Stoddard: 36 EXECUTION THEREOF Vice Mayor Liebman: 37 Commissioner Harris: 38 Commissioner Newman: 39 Commissioner Welsh: 40 41 CITY ATIORNEY South Miami 2001 TREE TRUST FUND CITY OF SOUTH MIAMI FUND I 18 20-4.5 -Landscaping and Tree Protection Requirements for All Zoning Districts (M) City of South Miami Tree Trust Fund. ( I) Creation of the tree trust fund. There is hereby created a tree trust fund, under Account No. 01-02-19.335, the purpose of which is to acquire, protect, and to plant trees on public property. (2) Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund shall be disbursed for the acquisition, maintenance, management, protection, or planting of trees on public property. (3) Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in lieu of, or in conjunction with, required replacement plantings under Section 20-4.5. The Planning Division shall collect funds designated for the tree trust fund when the replacement planting requirements of § 20-4.50) (2) & (3) cannot be met. (4) Decisions to grant or deny tree removal permits shall be made without consideration of the existence of this fund or offers of donations of monies thereto. CITY OF SOUTH MIAMI BUDGET FY 2012-2013 203 CITY OF SOUTH MIAMI INVITATION TO QUOTE LUMP SUM PROPOSAL SUBMITTED TO: City Clerk PROJECT: Tree Planting Initiative Phase 2 NAME: Maria Menendez, CMC ADDRESS: Various City Addresses ADDRESS: 6130 Sunset Drive CITY/STATE: South Miami, FI 3143 CITY/STATE: Miami, Florida 33134 ISSUE DATE: Monday August 12, 2013 PHONE: 30S-663-6339 E-MAIL: jwebster@southmiamifl.gov MANDATORY PRE-QUOTE MEETING: N/A DUE DATE: Thursday, August 22 2013 10:00 AM QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10:00 AM on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the envelope needs to read as follows: City of South Miami Maria M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: TREE PLANTING INITIATIVE PHASE 2 Must input project name. If label does not have all information above your quote will not be accepted. AFFIDAVITS REQUIRED WITH SUBMITTAL: (Attachment A) Respondents must complete and submit with your quote affidavits provided in Attachment A. QUESTIONS: Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on August 20, 2013 to the attention of Mr. John Webster, Purchasing Specialist at jwebster@southmiamifl.gov. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): The City of South Miami is seeking quotations from experienced and capable parties to provide and install Oaks, Silver Buttonwoods, and Queen Crepe Myrtles and maintain such trees for a one-year period within the City of South Miami City limits. The estimated quantities to be planted within a one-year period is seventy (70). Quantities of trees are estimated and should be used for planning purposes only and are not a firm commitment. NOTE: SEE ATTACHED SCOPE OF SERVICES FOR FURTHER INFORMATION DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Qty Amount 1 Oak Trees EA 10 2 Silver Buttonwood Tree EA 20 3 Queen Crepe Myrtle Tree EA 40 (Per the Scope of Services Provided by the City of South Miami) LUMP SUM TOTAL Contractor shall furnish all materials and equipment necessary to secure completion ofthe work. Contractor shall be compensated according to the quote submitted. A Mandatory or Non·Mandatory Pre·bid meeting will not be scheduled. Contractor is responsible to secure all permits and should be reflected in the Lump Sum quote. Contractor may choose to submit a quote on company letterhead but must be attached with this form. Deadline to submit is Thursday, August 22, 2013 at 10:00 AM -Clerk's Office at 6130 Sunset Drive, South Miami, FI 33143 Print/Type Name: Phone: Signature: Date: E-mail: Fax: Firm Name: F.E.I.N. No.: _, __ ,_,_,_,_,_,_ Address: City: State: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHAll RENDER THE PROPOSAL NON·RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENTWHI UNEQUIVOCAllY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHTTO AWARD THE PR( THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. TREE PLANTING INITIATIVE; PHASE 2 SCOPE OF SERVICES INTRODUCTION The City of South Miami is seeking quotations from experienced and capable parties to provide and install Oaks, Silver Buttonwoods, and Queen Crepe Myrtles and maintain such trees planted for a one-year period within the City of South Miami City limits. Within in a one year period, the following are estimates to be planted: • Ten (10) Oaks • Twenty (20) Silver Buttonwoods • Forty (40) Queen Crepe Myrtles Quantities of trees listed are estimated and should be used for planning purposes only and are not a firm commitment. CITY The City is seeking proposals from qualified individuals or Companies (hereinafter referred to as the "Contractor") to provide the following services, but not limited to, specific trees, installation and maintenance of such trees planted by the Contractor for a one-year period at selected public right-of-way areas within the City limits. Refer to Exhibit #2, "City of South Miami Boundaries and City Limits." BACKGROUND The City has implemented a Tree Planting Initiative that provides for the planting of ten (10) Oaks, twenty (20) Silver Buttonwoods, forty (40) Queen Crepe Myrtles at selected property owners public right-of-way areas. City residents have been solicited and those that have responded positively will have an oak tree planted and maintained for one-year in the right-of- way areas of their property. The City of South Miami is requesting quotations for the purpose of issuing a Purchase Order with a Contractor to perform those services to support the City's Tree Planting Initiative for a one-year period. RESPONSIBILITIES OF THE PARTIES Contractor: Contractor shall provide an estimated quantity of ten (10) Oaks, twenty (20) Silver Buttonwoods, and forty (40) Queen Crepe Myrtles over a one-year period. These quantities are estimates only and should be used for planning purposes only and, are not a firm commitment. The Contractor shall plant Oaks, Silver Buttonwoods, and Queen Crepe Myrtles, as directed by the City, in specific right-of-way areas and maintain said trees for one year. Maintain is defined as survival for the first six weeks from planting, or more as needed, application of fertilizer and any all methods, including watering, that will maintain the health of the said trees for one year. All trees provided by the contractor shall be warranted for one year. Should the Oaks, Silver Buttonwoods and Queen Crepe Myrtles planted by the Contractor die or, is beyond reasonable health during the one-year period, Contract shall replace the tree at no charge to the City. In this case, Contractor will remove the unhealthy or dead tree, dispose of the tree as appropriate and, and plant a replacement tree, as directed by the City, in or near the same location. The City will make the sole determination should a tree or tree need to be replaced. Trees replaced in this case, shall be warranted for one year and, the Contractor shall maintain the tree during this time period and shall have the same responsibility. It is the responsibility of the Contractor to ensure there are no obstructions, power or gas lines, underground cable and or phone lines, etc., in the right-of-way locations designated for the planting of trees by the City. The City will indicate a general area where the tree should be planted, however, the Contractor will have sole responsibility for determining the exact location the tree or trees are to be planted. All trees planted by the Contractor must adhere to "Exhibit #3 South Miami Land Development Code 20-4.5, Section 3 and, "Exhibit #4 Miami-Dade County Right of Way Landscaping Code Chapter 18B Qn: The City shall develop and maintain listings of right-of-way areas designated for the planting of Oaks, Silver Buttonwoods, and Queen Crepe Myrtles in accordance with the City's tree planting initiative. The City will designate a Project Manager who will coordinate activities between the Contractor, Residents and City for the implementation and completion of the Tree Planting Initiative. Exhibit #5 Location Table of Tree Planting Areas," is a listing, maintained by the City, that identifies the specific addresses and right-of-way areas designated for tree planting. Note: The listing is subject to change. The City shall not have any responsibility for the exact location the Contractor decides to plant a tree. The City will assist the Contractor to coordinate with each respective entity that may have underground structures in the right-of-way areas. For tree replacement, the City will make the sole determination should a tree or tree need to be replaced. The City shall pay the Contractor the per Oak, Silver Buttonwood and Queen Crepe Myrtle tree unit price amount on the first day of each month in the amount of $',lPerContrad:ors Proposal} and calculated by the number of trees planted within a month, (as set forth in the Contractor's bid, or the amount negotiated with the City). ATTACHMENT A AFFIDAVITS REQUIRED WITH SUBMITTAL I. Respondents "Public Entity Crimes and Conflicts of Interest," shall be completed and provided with the proposal submittal. 2. Respondent's "Drug Free Workplace" form shall be completed and provided with the proposal submittal. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the response as determined by the City. 3. Respondent's "No Conflict of InterestlNon Collusion Affidavit," shall be completed and provided with the proposal submittal. 4. Respondent's "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 5. Respondents "Related Parties Transaction Verification Form," shall be completed and provided with the proposal submittal. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to _________________ _ [print name of the public entity] by ______________________________________________________ __ [print individual's name and title] for -------------------------------- [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: --------------.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I ) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (I)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of ,20 Personally known or Produced identification Notary Public -State of My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/11/92) DRUG FREE WORKPLACE Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION Submitted this __ day of ___________ " 20 ____ , The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CSM document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CSM, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CSM has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Title: Telephone: Company Name NOTARY PUBLIC: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ___ day of __________________ ,20 ___ by _________________________________ (nameof person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of Contractor), hereby acknowledge and agree that as Contractors for the Invitation to Quote for Tree Planting Initiative Phase 2, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR Witness BY: ____________________________ __ Name Title FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE RELATED PARTIES TRANSACTION VERIFICATION FORM -----.N7o-m-e-o'r R"""e-,-p-re-se-nt:-o"""tiv-e------' individually and on behalf of ----c7o-m--:-p-On-Y"Iv,'en-d.or..."IErn7'tity~-("Firm") have read the City of South Miami ("CSM")'s Code of Ethics, Section 8A-1 of the CSM's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the CSM, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the CSM or who is(are) an appointed or elected official of the CSM, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the CSM, and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CSM or has a financial interest, direct or indirect, in any business being transacted with the CSM, or with any person or agency acting for the CSM, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or your Firm and the CSM other than the following individuals whose interest is set forth following their names: _______ ~-----" _,--___ ...,-_--.",---_-,--__ .,-----,.._...,-__ ,---_(use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CSM employees and that of all elected and/or appointed CSM officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CSM, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CSM or any person or agency acting for the CSM, and that we have not appeared in representation of any third party before any board, commission or agency of the CSM within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the CSM other than as follows: _______________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the CSM in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: ________________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (8) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (9) A violation of the CSM's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the CSM, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: __________________ _ Print Name & Title: ______________ _ Date: ____________________ _ ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Section 8A-1 CODE OF ETHIC Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example. and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals. boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk. the city manager. department heads. the city attorney. and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money. gift. favor. thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership. directly or indirectly. of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. partnership. or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse. parents. children. brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid. a proposal in response to a RFP. a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (e) (I) Officer. director. partner. of counsel. consultant. employee. fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan. travel. entertainment. hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity. having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12. Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for serv~ces as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full- time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)( I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request Whenever any person included in the terms defined in paragraphs (b)(l) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. Exhibit # I Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement .. The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held liable or responSible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub-Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTOR/COMPANY its agents, representatives, Sub- Insurance and Indemnification May 21, 2012 Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies except for Section lOA shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. Insurance and Indemnification May 21, 2012 F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the City quarterly reports concerning any and all claims. Insurance and Indemnification May 21, 2012 EXHIBIT #2 \ City of South Miami Boundaries and City Limits EXHIBIT #3 City of South Miami Land Development Code 20-4.5 Section 3 20-4.5 -Landscaping and Tree Protection Requirements for All Zoning Districts. (A) Definition of Terms for Section 20-4.5 Only. In constructing the provisions of Section 20-4.5, where the context will permit and no definition is provided in Section 20-4.5 or in Section 20-2.3 of the Land Development Code of the City of South Miami, then the definitions provided in Chapter 24 and Chapter 33 of the Code of Metropolitan Dade County, Florida, and Chapter 403, Florida Statutes, as may be amended from time to time, and in rules and regulations promulgated thereunder, as may be amended from time to time, which relate to Section 20-4.5, shall apply to Section 20-4.5 only, except as otherwise changed by the definition included in this subsection (A) as follows: Accessways shall mean the maximum width of an accessway through the perimeter landscaped strip to an off-street parking or other vehicular use area shall be determined according to the Public Works Manual, Part I, Standard Details. No more than one (1) two-way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be applicable to any property under one (1) ownership. Where such ownership involves over one hundred (100) feet of street frontage, one (1) additional two-way or two (2) additional one-way drives may be permitted for each additional one hundred (100) feet of frontage or major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of Section 20-4.5. Affected tree shall mean any tree which shall be, or already has been, removed, relocated, or effectively destroyed, thereby requiring a tree permit pursuant to Section 20-4.5. Automatic irrigation system shall mean an irrigation system with a programmable controller or timing mechanism. Bona fide agricultural activities shall mean land used for the growing of food crops, nurseries for the growing of landscape material, the raising of livestock, horse farms, and other good faith agricultural uses, except any portion of the property not eligible for agricultural exemption. Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors set forth in Section 193.461, Florida Statutes (and as amended from time to time), though nonexclusive, shall be taken into consideration: (1 ) The length of time the land has been so utilized; (2) Whether the use has been continuous; (3) The purchase price paid; (4) Size, as it relates to specific agricultural use; (5) (6) (7) Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices; Whether such land is under lease and, if so, the effective date, length, terms, and conditions of the lease; and Such other factors as may from time to time become applicable. Bona fide fruit grove shall mean a grove of fruit trees specifically planted to produce edible fruit for commercial purposes or personal consumption by owner(s). Botanical garden shall mean any publicly owned real property used for the CUltivation of plants for display or scientific research. Buffer or perimeter landscape shall mean an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts. Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter measured at a height of six inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter measured at twelve (12) inches above natural grade. Canopy shall mean those trees which constitute the tallest layer of foliage. Canopy cover shall mean the aerial extent of the branches and foliage of a tree. Canopy coverage shall mean the extent of ground within the drip line of a tree. Clearance pruning shall mean pruning required to avoid damage or danger related to structures, power distribution and property, as defined in the current ANSI 300 Standards. Colonnade shall mean a roof or building structure, extending over the sidewalk, open to the street and sidewalk, except for supporting columns or piers. Common open space shall mean an area required as open space in this section or other sections of the Land Development Code of the City of South Miami. Controlled plant species shall mean those plant species listed in the Landscape Manual which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly, may be useful or functional as elements of landscape design. Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees, prices of trees, and stock of many major nurseries in Dade County which is prepared by the Florida Nurserymen and Grower Association. Developed land shall mean land upon which structures or facilities have been constructed. Development shall mean any proposed activity or material change in the use or character of land, including, but not limited to, the placement of any structure, utility, fill, or site improvement on land, and any act which requires a building permit. Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at a point four and one- half (4 Yo) feet above natural grade. In the case of multiple-trunked trees, the DHB shall mean the sum of each trunk's diameter measured at a height four and one-half (4 Yo) feet above natural grade. Differential operation schedule shall mean a method of scheduling an irrigation system to apply different quantities of water, and/or apply water at different frequencies as appropriate, for different hydrozones. Dissimilar land uses shall mean proximate or directly associated land uses which are contradictory, incongruous or discordant, such as high-density residential, intensive commercial or industrial uses located adjacent to low-intenSity uses. Dominance shall mean the species or group of species having the largest total number of individuals in the canopy and/or understory within a defined area. Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground. Dwelling, single-family shall mean a residential structure which is designed for, or occupied by, one (1) "family", as defined under Section 20-2.3, Definitions. Duplex dwelling shall mean a residential building designed for, or used as, the separate homes or residences of two (2) separate and distinct families, but having the appearance of a single-family dwelling house. Each individual unit in the duplex shall comply with the definition for a one "dwelling, single-family". Energy conversation zone shall mean a zone located no more than twenty-two (22) feet from a structure in a 180 degree band from due east of the northeast point of the structure, to due south, to due west of the northwest point of the structure. Environmentally-sensitive tree resources shall mean a specimen tree, natural forest community, or any other tree or trees that substantially contribute(s) to the aesthetics of an area, which are not exempted from these permit requirements. Existing development shall mean a site with structures that were legally approved through the issuance of a Certificate of Use and Occupancy or a Certificate of Completion as of February 13, 1996. Facultative shall mean plants with a similar likelihood of occurring in both wetlands and uplands, which are not recognized indicators or either wetland or upland conditions. Firebreak shall mean an area of bare ground no more than ten (10) feet in width in a forest which has been created to prevent the spreading of wild fires. Florida Number 1 Grade or equivalent shall mean the classification of the quality of a nursery plant as published in Grades and Standards for Nursery Plants, Part II, Fla. Dept. of Agriculture and Consumer Services, Division of Plant Industry. Forbs shall mean herbaceous plants other than grasses. Forest management plan shall mean a document which specifies techniques that will be implemented to maintain and preserve an individual natural forest community. Geologic feature shall mean a natural rock or mineral formation. Gray water shall mean that portion of domestic sewage emanating from residential showers, residential bathroom washbasins, or residential clothes washing machines. Ground cover shall mean a dense, extensive growth of low-growing plants, other than turf grass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity. Hat-racking or Topping shall mean flat-cutting the top of a tree, severing the leader or leaders, or the removal of any branch three (3) inches or greater in diameter at any point other than the branch collar. Hazard pruning shall mean the removal of dead, diseased, decayed or obviously weak branches two (2) inches in diameter or greater. Heat island shall mean an unnaturally high temperature micro-climate resulting from radiation from unshaded impervious surfaces. Hedge shall mean a landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same species. Herbaceous plant shall mean a plant having little or no woody tissue. Highway shall mean any public thoroughfare, including streets, designed for motor vehicles. Hydromulch shall mean a sprayed application of seed, mulch and water. Hydrozone shall mean a zone in which plant material with similar water needs are grouped together. Included bark shall mean bark that is pushed inside a developing crotch, causing a weakened structure. Irrigation detail shall mean a graphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system. Irrigation plan shall mean a plan drawn at the same scale as the landscape plan, indicating location and specification of irrigation system components and other relevant information as required by this ordinance. Irrigation system shall mean a system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition. Landscape feature trellis, arbor, fountain, pond, garden, sculpture, garden lighting, decking, patio, decorative paving, gazebo and other similar elements. Landscape material shall mean plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Landscape plan shall mean a plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, and details, and all other relevant information required in Section 20-4.5. Landscape replacement plan shall mean a drawing containing proposed tree removal, tree replacement planting, tree relocation, and preservation areas. Lawn area shall mean an area planted with lawn grasses. Manual irrigation system shall mean an irrigation system in which control valves and switches are manually operated rather than operated by automatic controls. Mixed use shall mean the approved use or occupancy of buildings or parcels for both residential and nonresidential purposes in the same development or project. Moisture and rain sensor switch shall mean a-devices with the ability to switch off an automatic irrigation controller after receiving a determined amount of rainfall or moisture content in the soil. Mulch shall mean non-living organic materials customarily used in landscape design to retard erosion, weed infestation, and retain moisture, and for use in planting areas. Multifamily residential development shall mean an approved residential dwelling, building or structure(s) designed to be occupied by three (3) or more families. Multiple single-family developments shall mean attached or detached single-family residential developments that are planned as a total project and not as one single-family unit on one parcel, such as in Planned Unit Development projects. Native habitat shall mean an area enhanced or landscaped with an appropriate mix of native trees, shrubs and ground cover species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring. Native plant species shall mean a plant species with a geographic distribution indigenous to all or part of Dade County. Plants which are described as being native to Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P. B. Tomlinson, are native plant species within the meaning of this definition. Plant species which have been introduced into Dade County by man are not native plant species. Native plant community shall mean a natural association of plants dominated by one or more prominent native plant species or characteristic physical attributes. Natural grade shall mean the ground elevation of a property prior to the placement of any fill on the site. Natural Forest Community shall mean all assemblages of vegetation designated as Natural Forest Communities on the Dade County Natural Forest Community Maps and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in Section 24-3 of the Dade County Code. Net lot area shall mean the area within lot boundaries of all lands comprising the site. Net lot area shall not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any other such dedications. Nonviable shall mean not capable of existing and continuing to provide biological or aesthetic qualities associated with a healthy, functioning tree resource. One family dwelling shall mean a private residential building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilation, heating or lighting are designed for the use of one family only. Owner-builder shall mean (an) owner(s) in fee who construct(s) no more than one (1) single-family or duplex residence per year for personal use and occupancy by said owner(s), and not intended for sale. Overhead irrigation system shall mean a high pressure, high volume irrigation system. Perimeter landscape or Buffer shall mean an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts. Planting detail shall mean a graphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials. Preservation area shall mean portions of a site that are to be protected from any tree or understory removal (except as required by the City of South Miami) and maintained without any development. Prohibited plant species shall mean those plant species listed in the Landscape Manual which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare. Protective barrier shall mean a temporary fence or structure built to restrict passage into an area surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots, trunk, or branches of the tree(s). Relocated tree shall mean a tree which has been transplanted pursuant to Section 20-4.5 and which continues to be viable at least one year after transplanting. Replacement tree shall mean a shade tree, small tree, or palm tree required to be planted pursuant to the provisions of Section 20-4.5. Root ball shall mean a group of roots extending from the base of a tree trunk that must be intact when relocating a tree in order to promote tree. Shrub shall mean a self-supporting woody perennial plant of low to medium height, normally growing to a height of twenty-four (24) inches or greater, characterized by mUltiple stems and branches continuous from the base. Site plan shall mean a scaled, comprehensive drawing or set of drawings, which indicates site elevations, roadways, rights-of-way, setbacks, easements and the location of all site improvements, including proposed and existing buildings, all structures, parking areas, driveways, access roads, other paved areas, ingress and egress drives, landscaped open space, signage and any other site development. Specimen tree shall mean a tree with any individual trunk which has a DBH of eighteen (18) inches or greater, provided, however, that the following trees are not specimen trees: (1 ) (2) (3) (4) All trees listed in Section 20-4.5(H)(5); Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangos, avocados, or species of citrus; Non-native species of the genus Ficus; All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata which have a minimum height of fifteen (15) feet. Spray head shall mean an irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles. Stabilized lawn area shall mean area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks, and garbage trucks. State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under Florida Statutes Chapter 375 (as amended from time to time) for the purposes of purchasing environmentally- sensitive land. State-Approved plant nursery shall mean a business actively engaged in propagating, growing, maintaining, and selling tree species that has been licensed to conduct such business by the State of Florida or by Dade County. Stormwater retention/detention area shall mean an area designed, built and used for temporary storage of stormwater. For purposes of this ordinance, these areas are intended to be permanently exempt from wetlands regulations. Temporary irrigation system shall mean a system including surface distribution elements (hose, pipe, etc.) which may be removed when landscape is established. Topping or Hat-racking shall mean the removal within a one (1) year period, of more than one-third of a tree's living canopy, or the removal of any branch three (3) inches or greater in diameter at any point other than the branch collar. Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum DBH of three (3) inches or with an overall height of twelve (12) or more feet. Tree shall not include any mangrove trees as defined in Section 24-3 (77) of the Code of Metropolitan Dade County, Florida. Tree abuse shall include: (1 ) (2) (3) (4) Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application or spillage, or change to the natural grade. Hatracking. Girdling or bark removal or more than one-third (1/3) of the tree diameter. Tears and splitting of limb ends or peeling and stripping or bark resulting from improper pruning techniques not in accordance with the current ANSI A300 Standards. Tree canopy cover (see canopy cover) Tree removal shall mean directly or indirectly cutting down, destroying, removing or relocating, or effectively destroying (through damaging, trimming, authorizing or allowing cutting down, destroying, removing, moving or damaging of) any tree. Tree Well shall mean a soil retaining structure designed to maintain the existing natural ground elevation beneath a tree to preserve the tree when the surrounding area is filled to raise the ground elevation. Tree wells shall have a minimum radius of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet from the trunk of the tree. Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are typically associated with a natural forest community, native plant community, or native habitat. Vegetation required to be preserved by law shall mean the portions of a site, including but not limited to, Specimen Trees, Natural Forest Communities, and native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some other legally binding manner, that are to be protected from any tree or understory removal or effective destruction and maintained without any development. Vegetation survey shall mean a drawing provided at the same scale as the landscape plan which includes relevant information as required by this ordinance. Vehicular use area shall mean a hard surface area designed or used for off-street parking and/or an area used for loading, Circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles. (B) Vine shall mean a plant with a flexible stem which normally requires support to reach mature form. Landscaping Requirements Applicability Section 20-4.5 shall apply to all public and private development when a permit is required, except for the following: (1 ) (2) (3) Existing attached and detached single-family and duplex dwellings, including any future additions or expansions shall be exempt from the provisions of Section 20-4.5 Bona fide agricultural activities: Any property receiving an agricultural classification and assessment pursuant to Section 193.461 of the Florida Statutes, substantiated by a plan submitted indicating the area with the agricultural classification. (4) Existing development as defined in § 20-4.5(A) shall only be required to comply with the street tree requirements of § 20-4.5(D)(3); however, the requirements of § 20-4.5(D)(3) shall not apply to existing attached and detached single-family and duplex dwellings, per § 20-4.5(A)(1) above. Parking lot buffer will not be required if inadequate area exists which will cause the elimination of any required parking pursuant to this code. The provisions of Section 20-4.5 shall only apply where a building permit is required for extemal alterations or where a paving permit is required for expansion of parking areas. Routine maintenance such as re- roofing and painting shall not be considered extemal alterations for Section 20-4.5 requirements; however, re- roofing and painting is considered an extemal alteration under other provisions of this Code and may require the approval of the ERPB and/or a permit. (C) Landscape Requirements Submittals. All submitted landscape plans, irrigation plans, tree surveys and other required submittals must meet with the approval of Planning Division, prior to issuance of permits for paving, new parking areas, or expansion of existing parking areas. (1 ) Landscape Plans. (a) (b) Owner-builder Single Family or Duplex Dwelling: Landscape plans submitted for new one family or duplex dwellings may be in the form of plot plans or drawings prepared by the owner or the owner's representative, provided however, developments requiring site plan review shall meet with the requirements of the section below and with Chapter 481, Florida Statutes. All Other Development: Landscape plans for development other than provided for under (a) above, shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized to prepare landscape plans or drawings under Chapter 481, Florida Statutes. Preliminary landscape plans shall be provided as part of the submission for site plan approval. Such plans shall: i. ii. iii. Be drawn to scale with dimensions and include property boundaries, north arrow, graphic scale, and date; Include a vegetation survey, including an aerial photograph which outlines the subject site, provided at the same scale as landscape plan(s); iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. Delineate existing and proposed structures, parking spaces, and other vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines on the property or adjacent properties; Indicate the common and scientific name and quantity of plants to be installed using "Landscape Legend" code format as prescribed by the Miami-Dade County Director of the Department of Planning, Development and Regulation, in accordance with the requirements of Section 20-4.5; Identify all landscape features and non-living landscape materials; Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen trees, native plant species, natural forest communities, native habitats and wetlands; Illustrate geologic, historic and archeological features to be preserved; Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area; Document zoning district, net lot area, required open space, and maximum permitted lawn area; Show building coverage and the location and dimension of greenbelt and water areas proposed for business and industrial zones, as required in the Land Development Code; Complete "Preparer's Certification of Landscape Compliance. "Final landscape plans submitted for permit shall include all of the above, as well as the following: A fully completed, permanently affixed "Landscape Legend" as prescribed by the Director of the Department of Planning, Development and Regulation; Critical layout dimensions for trees, plant beds and landscape features; Method(s) to protect and relocate trees and native plant communities during construction; (2) (3) xvi. xvii. xvi. Vegetation Survey. (a) Planting details and specifications; Irrigation plans, as may be required by the zoning district; Irrigation details and specifications, as required above; and, Notarized "Preparer's Certification of Landscape Compliance" at time of final inspection. A vegetation survey, as defined in § 20-4.5(A), shall be provided for all sites at the same scale as the landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without obscuring its features. The vegetation survey shall provide the following information: i. ii. iii. The accurate location and graphic representation, in relation to eXisting development of all existing trees of a minimum two (2) inch DBH or ten (10) foot height, or for native trees, of a minimum one and one-half (1 'h) DBH or eight (8) foot height, including those which are proposed to be removed, relocated or preserved on site in accordance with the requirements of this section; The boundaries of any native habitat, native plant community, native plant species, and/or Natural Forest Community and associated understory that exists on site, as determined by the Miami-Dade County Department of Environmental Resources Management [DERM]; and, A table showing the following information: a. b. c. The scientific and common name of each tree, each of which shall be numbered; The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all trunks; and, An estimate of the height, canopy cover, and physical condition of each tree, and whether specimen tree(s) exist on the site. (D) Irrigation Plans. Irrigation plans shall be submitted, whenever a landscape plan is required. (a) (b) For a new one family or duplex dwelling, the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of lines and heads, and pump specifications. All Other Development: Irrigation plans shall be submitted with the initial, master building plans. Such plans shall: i. ii. iii. iv. v. vi. Be drawn on a base plan to same scale as landscape plans(s); Delineate landscape areas, major landscape features and plant material zones (hydrozones), if applicable; Delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles, sidewalks, driveways, the location of utilities and easements, and similar features; Include water source, design operating pressure and flow rate per zone, total volume required for typical depths of application, and application rate; and, Include locations of pipes, controllers, valves, sprinklers, back flow prevention devices, and electrical supply. Irrigation details. Landscape Requirements County. The following standards shall be considered the minimum requirements unless otherwise indicated: (1 ) Lawn area (turf). (a) (b) For all residential and mixed uses, lawn area shall be limited to a maximum of sixty (60) percent of the required landscaped open space, as required in Section 20-3.5. In residential zoning districts where landscaped open space is not specified, lawn area shall be restricted to a maximum of fifty (50) percent of the net lot area. (2) (c) (d) Irrigation. (a) (b) (c) For all office, commercial, and industrial uses, lawn area shall be limited to a maximum of twenty (20) percent of the required landscaped open space, as required in Section 20-3.5. Where landscape open space is not specified, lawn area shall be restricted to a maximum of twenty (20) percent of the net lot area less the area covered by buildings. Very drought tolerant grasses and low growing native plant species, including grasses and forbs, as referenced in the Landscape Manual, may be used as groundcover beyond the maximum permitted grass area. Grass areas shall be planted in species well adopted to localized growing conditions in Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sold or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved. Exclusions from maximum permitted lawn areas: i. ii. iii. iv. Stabilized grass areas used for parking; Grassed areas designated on landscape plans and actively used for sports, playgrounds or picnic areas; Grassed areas in the right-of-way; and, Stormwater retention/detention areas planted in grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils. All newly-planted and relocated plant material shall be watered by temporary or permanent irrigation systems until such time as they are established. Irrigation shall be prohibited within native plant communities and natural forest communities, except for temporary systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected immediately after the establishment of plant communities. (d) (e) (f) (g) (h) (i) (3) Street trees. Irrigation systems shall be designed to conserve water by allowing differential operation schedules based on hydrozone. Irrigation systems shall be designed, operated, and maintained to not overthrow or overflow on-to impervious surfaces. Low trajectory spray heads, and/or low volume water distributing or application devices, shall be used. Overhead irrigation systems shall only be permitted in bonafide agricultural activity areas. Gray water shall be used where approved systems are available. During dry periods, irrigation application rates of between one (1) and one and one- half (1 %) inches per week are recommended for turf areas. A moisture or rain sensor device shall be required on all irrigation systems equipped with automatic controls. Irrigation systems shall be timed to operate only during hours and on days permitted in Chapter 32, Code of Miami-Dade County. If an irrigation system is not provided, a hose bib shall be provided within seventy-five (75) feet of any landscape area. (a) Size and spacing. Street trees shall be of a species typically grown in Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of two (2) inches at time of planting, and shall be provided along all roadways at a maximum average spacing of thirty-five (35) feet on center, except as otherwise provided in this Chapter. Street trees are not required when a colonnade open to the public is located within four (4) feet of the edge of the roadway. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department or the appropriate authority within the municipality. (b) The thirty-five (35) foot average spacing requirement for multiple single-family units shall be based on the total lineal footage of roadway for entire projects and not based on individual lot widths. (c) Power lines. Where the height and location of overhead power lines require the planting of low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (1 %) inches at time of planting, and shall meet the following requirements: i. ii. iii. iv. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four (4) feet. A maximum average spacing of twenty-five (25) feet on center. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. (d) Palms. Palms which meet all of the following requirements shall count as a required street tree on the basis of one (1) palm per tree. i. ii. iii. Minimum canopy of fifteen (15) feet at maturity. Provided at an average maximum spacing of twenty-five feet (25) feet on center. Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time of planting. It is provided however that queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. No more than thirty (30) percent of the minimum tree requirements may be met by palms. (e) Thirty (30) percent of the required trees and/or palms shall be native species. (f) In order to prevent adverse environmental impacts to existing native plant communities, only existing Saba I Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native plant requirements, except that Cabbage Palms which are rescued from government approved (4) (5) donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. (g) When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas, including the trees, plants and sod, using pruning methods specified in this section. A covenant executed by those owners is required, or a Special Taxing District must be created to maintain these areas. Where the State, County, or municipality determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, they may require that said trees and landscape material be placed on private property. (h) Where trees are planted on private property, they shall be placed within seven (7) feet of the edge of the dedicated right-of-way or within seven (7) feet of the edge of the roadway and/or inside edge of a sidewalk on private roads. (i) Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. U) Street trees are not required when a colonnade open to the public is located within four (4) feet of the edge of the roadway. (k) Street trees in the Hometown District overlay shall be located per the street tree requirements set forth under Section 20-7. Shading Requirements for Structures and AlC Units. Trees shall be planted to provide shade to residential structures that are thirty-five (35) feet in height or less. At least two required lot trees shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs, as referenced in the Landscape Manual. Site Trees. Tree removal permits or natural forest community vegetation removal permits are required prior to removal of trees, specimen trees, or any vegetation in a natural forest community, respectively, pursuant to § 20-4.5(H)-(L). (a) (b) Tree size: All trees, except street trees, and trees located beneath power lines shall be a minimum of ten (10) feet high and have a minimum caliper of two (2) inches at time of planting except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of eight (8) feet and a minimum caliper of one and one-half (1 %) inches at time of planting. Minimum number of trees: The minimum number of trees required under Section 20- 4.5 for landscape plan submittals shall be as follows: Zoning Districts (and proposed districts) No. of Trees Required per Net Acre or Lot RS-1, RS-2 9 trees per acre of net lot area RS-3, RS-4 3 per lot RT-6, RT-9, RM-18, RM-24, RO, LO, MO 28 trees per acre of net lot area NR, SR, GR, PI, H, Mixed Use, TODD, eRO 22 trees per acre of net lot area I (Intensive) (c) (d) (e) (f) (g) (h) (i) 15 trees per net acre of lot area Existing trees on site required to be preserved by law and that meet the size requirements in (a) above may be counted toward fulfilling the minimum tree requirements. In addition to the number of trees indicated in Table A, additional trees (street trees) may be required as provided in the previous sub-section, entitled Street Trees. Grassed areas to be used for organized sports as football, soccer or other similar sports or playgrounds, that are clearly identified on landscape plans shall not be counted toward calculating tree requirements. Palms of a ten (10) foot minimum overall height or minimum caliper of three (3) inches at time of planting shall count as a required tree on the basis of two (2) palms per tree, except as provided herein for palms used as street trees. No more than thirty (30) percent of the minimum tree requirements may be met by palms. Prohibited and controlled tree species shall not be counted toward fulfilling the minimum tree requirements. Prohibited trees shall be removed from the site. Thirty (30) percent of the required trees and/or palms shall be native species. In order to prevent adverse environmental impacts to existing native plant communities, only existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native plant requirements, except that Cabbage Palms which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. (6) (7) (8) (9) (10) Shrubs and Hedges minimum standards for size, number and variety. (a) (b) (c) (d) Shrubs shall be provided at a ratio of ten (10) per required tree. All shrubs shall be minimum of eighteen (18) inches in height when measured immediately after planting. When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required under §20-4.5(D) and §20-4.5(E), at a maximum spacing of thirty (30) inches on- center, or if planted at a minimum height of thirty-six (36) inches, shall have a maximum, average spacing of forty-eight (48) inches on-center and shall be maintained so as to form a continuous, unbroken, and solid visual screen within a maximum of one year after time of planting. Shrubs and hedges shall not be necessarily of the same species. Thirty (30) percent of shrubs and hedges shall be native species. Vines minimum standards for size and uses. Vines shall be a minimum of twelve (12) inches in length immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is recommended as a deterrent to painting of graffiti. Ground Covers minimum standards survival and hedge replacement. Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonable complete coverage within one (1) year after planting. Mulch minimum standards for depth and required use. (a) (b) (c) Weed-free mulch shall be applied and maintained in a minimum three (3) inch layer under and around all trees and shrubs, and in a minimum two (2) inch layer under and around all ground cover. The use of mulch shall be restricted to planting areas. Cypress mulch shall not be used because its harvest degrades cypress wetlands. Buffers Between Dissimilar Land Uses additional requirements. (a) (11 ) (12) (13) (b) (c) Additional Requirement for Six-Foot Screening: Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely visually screened by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a buffer conSisting of a six (6) foot wall or fence with a life expectancy of at least ten (10) years, or shrubs which normally grow to a minimum height of six (6) feet. Increased Standards for Hedge Size/Spacing: Where chain link fencing is permitted, shrubs shall also be required. Shrubs used as a buffer shall be a minimum of thirty (30) inches in height at time of planting, and shall be planted at a maximum spacing of thirty-six (36) inches on center, or a minimum of thirty-six (36) inches in height at time of planting and planted at a maximum average spacing of forty-eight (48) inches on center. Said buffer shall form a continuous screen between the dissimilar land uses within one (1) year after planting. Additional Trees Required in Buffers: Buffers screening dissimilar uses shall include trees planted at a maximum spacing of thirty-five (35) feet on center within a minimum five (5) foot landscaped strip. Parking Lot Buffers. All parking lots adjacent to rights-of-way or private streets shall be screened by a continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped strip incorporating said planting and/or wall on private property. Planting material at time of planting shall be either a minimum height of eighteen (18) inches, with a maximum average spacing of thirty (30) inches on center or a minimum height of thirty-six (36) inches with a maximum average spacing of forty-eight (48) inches on center. Landscaped Areas in Parking Lots to exceed open space requirements. (a) (b) Ten (10) square feet of landscaped area per parking space shall be provided within a parking lot. In order to maximize the distribution of shade, trees shall be planted throughout the interior of the parking lot at a minimum density of one tree per eighty (80) square feet of landscaped area, exclusive of parking lot buffers. Planting areas for each tree shall have a minimum width of five (5) feet, exclusive of the curb dimension, and shall be planted or covered with other landscape materials. This requirement is in addition to applicable required open space. Planting areas shall be a minimum of twenty-five (25) square feet. Plant Quality minimum standards. (a) (14) (15) (b) All plants installed shall conform to, or exceed, the minimum standards for Florida Number One as provided in the most current edition of "Grades and Standards for Nursery Plants, Part I and II," prepared by the State of Florida Department of Agriculture and Consumer Services. Trees installed pursuant to this section shall have one primary vertical trunk and secondary branches free of included bark up to a height of six (6) feet above natural grade. Prohibitions. (a) (b) (c) (d) Prohibited Plant Species shall not be planted and shall be removed from any site which is subject to the requirements of this ordinance. Controlled Plant Species shall not be planted within five hundred (500) feet of a Natural Forest Community or native habitats as defined herein. West Indian Mahogany (swietenia mahagom) shall not be planted within five hundred (500) feet of a rockland hammock or pine rockland. Tree Abuse is prohibited. Abused trees shall not be counted toward fulfilling the minimum tree requirements. Pruning Trees shall be pruned in the following manner: (a) (b) (c) (d) (e) All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. Removal of dead wood, crossing branches, weak or insignificant branches, and suckers shall be accomplished simultaneously with any reduction in crown. Cutting of lateral branches that results in the removal of more than one-third of all branches on one side of a tree shall only be allowed if required for hazard reduction or clearance pruning. Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds (2/3) of the tree. (E) (16) (f) No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1) year period. Trees shall be pruned according to current ANSI A300 Standards and the Landscape Manual. Stormwater Retention/Detention Areas. (a) (b) (c) (d) Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible. Stormwater retention/detention areas shall be planted throughout with native herbaceous facultative plants, with the following exceptions: i. ii. In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall be planted with grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils. In areas where the minimum required stormwater retention capacity would be adversely affected. The minimum required number of native herbaceous facultative plants shall be one plant per square foot of retention/detention area, including the slope. Minimum required herbaceous plant container size shall be one and one-half (1 Yo) inches, commonly referred to as a liner. Sprigging, seeding, plugging, hydro-mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. Landscape Requirements City Standards for Parking Lot Areas. All vehicular use areas, except those which are located within or beneath structures and those serving single-family or two-family residential uses, shall conform to the minimum landscaping requirements of this sub-section. To ensure that required landscaping in vehicular use areas is used to its greatest potential in relieving the monotony of and insuring circulation safety within such areas, the following standards are set forth: (1 ) (2) Interior Improvements. (a) (b) When the interior of any vehicular use area is designed for purposes other than off- street parking, such as a service station, drive-in banking or drive-through retailing, an area or combination of areas equal to not less than ten (10) per cent of the total vehicular use area, exclusive of perimeter landscape buffers, shall be devoted to interior landscaping. When the interior of any vehicular use area is designed for off-street parking purposes, the following landscaping elements shall be required in lieu of percentage requirements: i. ii. iii. Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such islands shall be not less than five (5) feet in width and extend the entire length of the spaces. Each terminal island shall have at least one (1) tree for every ninety (90) square feet of area, or portion thereof, and be covered with grass or ground cover as needed to meet requirements under § 20-4.5(D) (1). Curbed interior islands, which measure not less than five (5) feet in width and extend the entire length of the parking space, shall be located within rows of contiguous spaces. There shall be at least one (1) interior island for every eight (8) spaces within each row. Interior islands shall be placed at intervals of not less than six (6) nor more than ten (10) spaces, but shall not be required in rows containing six (6) contiguous spaces or less. Each interior island shall have at least one (1) tree for every ninety (90) square feet of area, or portion thereof, and be landscaped with grass or ground cover as needed to meet requirements under § 20-4.5(D) (1). Interior islands need not be placed directly opposite each other when in abutting parking rows. Any design arrangement which relieves monotony or increases tree coverage of the vehicular use area is permissible. Triangles of Visibility. (a) All landscaping within required Triangles of Visibility, as defined in § 20-3.6(G), shall provide unobstructed cross-visibility at a height of between three (3) and six (6) feet. (F) (3) (b) (c) Trees having over six (6) feet of clear trunk, with limbs and foliage trimmed in such a manner as not to extend into Triangles of Visibility, shall be permitted in said areas, provided that they in no way create a traffic hazard. No landscaping elements, except for grass or ground cover, shall be located within three (3) feet of any accessway. Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas. (a) (b) (c) Landscaped areas shall be protected from the overhang of parked vehicles. Where such protection is necessary, reinforced concrete wheel stops or an approved continuous curbing of not less than five (5) inches in height shall be installed to prevent such overhang. Concrete wheel stops shall be permanently anchored to the ground and located not less than thirty (30) inches from landscaped areas. If the overhang area is left unpaved, it shall be landscaped according to this section and the abutting required perimeter buffer or divider median may be four (4) feet in width. Landscape Plans Review Criteria. Landscape plans shall be reviewed by the Planning Division in accordance with the following goals and objectives, and the guidelines and illustrations provided in the Landscape Manual [published by Metropolitan Dade County, Florida]. (1 ) (2) (3) Landscape design shall enhance architectural features, relate structure design to the site, visually screen dissimilar uses and unsightly views, reduce noise impacts from major roadways and incompatible uses, strengthen important vistas and reinforce neighboring site design and architecture. Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and Natural Forest Communities shall be preserved to the maximum extent possible and all requirements of § 20-4.5(H) through (L). In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed based on their water needs, growth rate and size, and resource inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area, based on natural mature shape and size shall be provided for all plant materials. (G) (4) (5) (6) (7) (8) (9) The plan shall include the use of native plant species in order to reestablish an aesthetic regional quality and take advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida. Where feasible, the re-establishment of native habitats shall be incorporated into the landscape plan. Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to reduce energy consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces. Street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be sued to establish a road hierarchy by defining different road types. Special attention shall be given to the use of appropriate species located under or adjacent to overhead power lines, near native plant communities, and near underground utility lines. Adequate growth area shall be provided for all plant materials. Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of roadways, driveways, recreational paths, and sidewalks in accordance with § 20-3.6(G). Historic landscapes and landscape features designated by the local, State, or the Federal government shall be preserved. Certificate of Compliance Required Adjustment to Requirements Permitted. (1 ) (2) A Preparer's Certification of Landscape Compliance bearing the original letterhead of the designing firm and licensing number shall be submitted to and approved by the Planning Division, prior to issuance of any final Certificate of Occupancy, Certificate of Use and Occupancy or Certificate of Completion. The Preparer's Certification of Landscape Compliance shall contain a statement, signed and sealed by the landscape architect or by person(s) authorized to prepare plans by Chapter 481, Florida Statutes, who prepared the approved plans, that the landscape and irrigation plans have been implemented and that all requirements of Section 20-4.5 have been met. Any changes or substitutions to the approved plan shall be approved by the original designing firm prior to the implementation of said changes and substitutions. All changes or substitutions to the approved plan shall be noted on all copies. Changes and substitutions of plant material shall be of similar quality, quantity and size, as originally approved and shall be in compliance with the intent and requirements of Section 20- 4.5. (3) (4) (5) (6) (7) For a new single-family, duplex residence on its own lot or applicable existing development, the owner or owner's agent may certify in writing that landscape and irrigation have been installed according to approved plan(s). The Planning Division shall have the right to inspect all projects for compliance prior to issuance of a Certificate of Occupancy, a Certificate of Use and Occupancy, or a Certificate of Completion. Owners are responsible to ensure that landscaping required to be planted in Section 20-4.5, and all previous versions, now amended, is: (1) installed in compliance with the landscape requirements; (2) maintained as to present a healthy, vigorous, and neat appearance free from refuse and debris; and (3) sufficiently fertilized and watered to maintain the plant material in a healthy condition. If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute within 60 days of a complaint. The Planning Division shall withhold approval of a final landscape inspection prior to issuance of the final Certificate of Occupancy, Certificate of Use and Occupancy, or Certificate of Completion until a Preparer's Certification of Landscape Compliance has been approved by the Division. The Environmental Review & Preservation Board [E.R.P.B.] may adjust the requirements of Sections 20-4.5 (D) & (E) under the following procedures: (a) (b) (c) The E.R.P.B. on receipt of application for adjustment of landscaping requirements shall have the authority and duty to consider and act upon such application. The application shall be filed by the owner or tenant of the property concerned, or by authorized agents as evidenced by written power of attorney, on forms prescribed by the Planning Division and accompanied by the E.R.P.B. application fee. In the application, the applicant shall state clearly and in detail what adjustment of landscaping requirements are being requested and the reasons such adjustments are warranted, and shall accompany the application with supplementary data, such as sketches, surveys and statistical information to substantiate the adjustment. The E.R.P.B. may approve, modify or deny the requested adjustment, but shall approve or modify such request only if it determines that approval of any adjustment (H) (d) would not be contrary to the public interest and would be in keeping with and would preserve the intent of Section 20-4.5. Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. shall follow the regulations set forth in Section 20-6. Tree Removal Permit Applicability. (1 ) (2) (3) (4) (5) It shall be unlawful for any person, unless otherwise permitted by the terms of Section 20-4.5, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a Natural Forest Community, without first obtaining a permit from the City of South Miami. The effective destruction of trees designated to be planted, preserved, or relocated under Section 20-4.5 (D) & (E) shall not be permitted. No municipal or County official shall issue a tree removal permit that does not comply with Section 20-4.5. Any such permit shall be void. It shall be unlawful for any person to violate or not comply with any of the conditions of a City of South Miami tree removal permit. The following activities are EXEMPT from tree removal permits: (a) (b) Removal of trees within the yard area of an existing single-family residence, provided the trees are not within a Natural Forest Community, and are not specimen trees. This exemption does not apply to trees which are growing on public rights-of-way adjoining existing single-family residences; Removal of trees for the construction of a new single-family residence, provided that: i. ii. iii. The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half acre or less in size (21,780) square feet, for nay other zoned lot; and, The lot is being developed as the principal residence of the owner-builder; and, The lot is not within an area deSignated as a natural forest community; and, (c) (d) (e) (f) iv. The trees are not specimen trees. Removal of any dead tree; Removal of trees within State-approved plant nurseries and botanical gardens, provided said trees were planted and are growing for the display, breeding, propagation, sale or intended sale to the general public in the ordinary course of business; Removal of trees for the establishment, maintenance, and operation of a bona fide grove or bona fide tree nursery, except when the proposed tree removal is to occur in a Natural Forest Community designated under County Resolution No. 1764-84 or under subsequent revisions of the Natural Forest Community maps, or when the proposed tree removal will affect specimen trees as defined herein. Any person desiring to remove trees pursuant to this provision shall obtain written approval from the Planning Division prior to the commencement of any such activities under this exemption; Removal of any of the following tree species: i. ii. iii. iv. v. vi. vii. viii. Melaleuca quinquenervia (cajeput or paperbark tree); Casuarina spp. (Australian pine, beefwood); Schinus terebinthifolius (Brazilian pepper), provided it is not within a Natural Forest Community, in which case a permit must be obtained, prior to removal, from the Metro-Dade County Department of Environmental Resources Management; Bischofia javanica (bishopwood); Ricinus communis (castorbean); Psidium guajava (guava); Albezzia lebbek (woman's tongue); Acacia auriculaeformis (earleaf acacia); (g) (h) (i) (k) ix. x. xi. Schefflera actinophylla (Queensland Umbrella Tree); Araucaria heterophylla (Norfolk Island Pine); and, Metopium toxiferum (poison wood), provided it is not within a Natural Forest Community, in which case a permit must be obtained, prior to removal, from the Metro-Dade County Department of Environmental Resources Management. Removal of any tree which has been destroyed or effectively destroyed by an Act of God, or by acts outside of the control of any person, individually or otherwise, who had or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by any such person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by such person, this provision shall be construed to impose joint and several liability upon the person(s) destroying or effectively destroying such tree, and to exempt from liability for such destruction or effective destruction the person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located; Removing, trimming, cutting, or altering of any mangrove tree or removal of any tree located upon land which is wetlands as defined in Section 24-3, Code of Metropolitan Dade County, Florida; Removal of tree within a bona fide fruit grove for the express purpose of converting said bona fide fruit grove to another bona fide agricultural purpose; Any mortgagee with respect to property upon which any violation of these provisions has occurred shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon said property or participated in the management or control of said property, or unless said mortgagee has effected or caused violations of Section 20-4.5 occurring on said property. Any action which occurred prior to February 21, 1989, shall not constitute a violation of Section 20-4.5 (H) through (L). (I) Tree Removal Permits-Submittals. (1 ) (2) (3) (4) Tree removal permits are required for the removal or relocation of any tree not specifically exempted under § 20-4.5(H)(5). The Planning Division shall provide permit application forms which shall be used by applicants. An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the applicant is a lessee or agent of the owner, a statement from the owner indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. The permit applicant shall submit to the Planning Division: (a) (b) (c) (d) A completed tree removal permit application form; and, Two (2) sets of site plans which shall include the locations of all existing tree resources and all proposed structures or utilities which may require removal or relocation of trees; OR, Two copies of a tree survey as defined in § 20-4.5(A); OR, Two copies of a tree survey prepared by a landscape architect, architect or an engineer registered in the State of Florida, if the submitted site plan (above) does not provide sufficient information to determine which trees will be affected by proposed development. The Planning Division may deny an application, or approve an application and issue a permit (subject to conditions, limitations or restrictions), for the activity proposed under the permit application, provided that: (a) (b) (c) (d) A completed application is submitted and the permit fee is paid; All required plans or covenants are submitted and are in compliance with the standards in Section 20-4.5; All plans clearly specify conditions, limitations and restrictions required, and that the permit applicant acknowledges, understands and fully agrees to comply with all said conditions, limitations or restrictions by Signing the permit prior to its issuance; and, (J) (5) (6) A performance bond, if required by the Planning Director, is posted: ii. iii. iv. The Planning Director may require the posting of a performance bond to guarantee compliance with all conditions, limitations, and restrictions of the tree removal permit, including, but not limited to, planting of all required replacement trees. The bond shall be equivalent to one hundred fifteen percent (115%) of the estimated cost of the permitted activity and may be in the form of a letter of credit, surety, cash, or certificate of deposit. All performance bonds shall remain in force for a minimum of either one (1) year after the actual completion date of the permitted activity (to ensure that any replanted trees which perish are replaced), or until viability of all replanted trees has been achieved, which ever occurs last. At the discretion of the Planning Director, performance bonds may be partially released in phases based upon partial completion of planting or other permit requirements. All tree removal permit applications which remain incomplete for a period of one hundred twenty (120) days shall be denied. A new tree removal permit application shall be required for all work previously proposed under a permit application which has been denied. Approved permits shall expire if work, as specified, is not commenced within six (6) months of issuance. Any permits related to a Natural Forest Community shall be approved by the Metro-Dade County Department of Environmental Resource Management [DERM]. Tree Removal Permit Replacement Standards. (1 ) Permit review and applicable sub-sections. (a) (b) Reviews of completed tree removal applications shall be conducted by the Planning Division under a standard of reasonableness, using the best available practices from biology, botany, forestry, landscape architecture and other relevant fields, as appropriate for review; (2) (c) (d) (e) On receipt of completed permit applications, the Planning Division shall determine whether the site contains any portion of a Natural Forest Community, trees subject to protection, or specimen tree (s); If a site contains any portion of a Natural Forest Community, then the permit must be submitted for review by the Metro-Dade County Department of Environmental Resource Management [DERM]; If there are trees present on a site [other than any portion of a Natural Forest Community or specimen tree(s)], then the replacement provisions contained under § 20-4.5(J) (2) shall apply; and, If a site contains any specimen tree(s), then the replacement provisions contained under § 20-4.5(J) (3) shall apply for the specimen tree(s), while the replacement provisions contained under § 20-4.5(J) (2) shall apply for non-specimen trees on the site. Non-specimen trees. Procedures for determining tree replacement. The Planning Division shall determine the total number of replacement trees required for the issuance of a tree removal permit according to the following procedural steps: Step 1: Determining existing tree canopy coverage on-site. The area of existing tree canopy coverage of a site shall be determined by review of aerial photography, on-site inspection, or review of a tree survey. Step 2: Determining impact area of proposed project. The area of existing canopy coverage which will be affected (impact area) by the applicant's proposed development shall be determined by the Planning Division based on review of the submitted site plan and tree removal permit application form. Step 3: Determining number of replacement trees required. The total number of trees required for replacement shall be based on the area of impact and category of replacement tree selected by the applicant. Each replacement tree shall compensate for a portion of the tree canopy lost in the impact area, and the following table shall be used as a standard for determining the require num er 0 replacemen rees: . d b t t Category of Replacement Tree (See Step 6 below Portion of Impact Area for which Each Replacement for explanation) Tree Compensates Shade Tree 1 500 square feet replacement area Shade Tree 2 300 square feet replacement area Palm Tree 1 300 square feet replacement area Palm Tree 2 100 square feet replacement area Small Tree 200 square feet replacement area (a) (b) (c) (d) (e) Any combination of shade trees, palm trees, or small trees is acceptable as replacement, provided the total number of trees from all replacement categories compensate for the lost canopy. In the event that a replacement tree actually has more canopy coverage at the time of planting than the amount of credit allowed under the tree replacement formula above, then the applicant shall receive full credit for the actual canopy coverage provided by the replacement tree at the time of planting. The applicant shall submit a list of proposed replacement trees. When replacement canopy area exceeds ten thousand (10,000) square feet, replacement shall be described in a landscape replacement plan which shall meet the minimum requirements of § 20-4.5(J) (4), and no tree removal permit shall be issued until said plan has been approved by the Planning Division. When the total number of replacement trees exceeds twenty (20), then the applicant shall required to submit a landscape replacement plan consistent with the provisions of § 20-4.5(J) (4), and no tree removal permit shall be issued until said plan has been approved by the Planning Division. Step 4: Location of replacement trees. Specific placement of replacement trees on-site shall be determined by the applicant. If the site cannot accommodate the required replacement trees because of insufficient planting area as determined by the Planning Division, then the applicant shall be required to plant replacement trees at an off-site location subject to Planning Division approval, or, as a last alternative, shall provide a contribution to Account No. 219.355, Tree Trust Fund, to compensate for those replacement trees which cannot be accommodated on site. Step 5: Minimum species diversity standards. When more than ten (10) trees are required to be planted, in accordance with provisions of § 20-4.5 (J), a diversity of species shall be required. The number of species to be planted shall be based on the overall number of trees required. Th e appllcan t h II b s a . d t e require omee t th f II e 0 oWing minimum IverSIlY s an ar s: d' 't t d d Required Number of Trees Minimum Number of Species 11-20 21-50 51 or more (a) (b) 2 4 6 When native trees are removed, then all replacement trees shall be native species; otherwise, a minimum of fifty (50) percent of all replacement trees planted shall be native to Dade County. (3) (c) Permittees shall not be required to plant in excess of six (6) species. The number of trees of each species planted shall be proportional to the number of species required. As an alternative to the minimum species diversity required herein, an applicant may propose an alternative species diversity in an alternative landscape enhancement plan described in § 20-4.5(J) (5). Step 6: Minimum standards for replacement trees. The Planning Division maintains a list of species for each category of replacement tree; and, this list may be amended from time to time. All replacement trees shall have a minimum quality as required for a Florida No.1 grade or better. Replacement tree heights shall be determined by the overall height measured from where the tree meets the ground to the top-most branch, frond or leaf. (a) (b) (c) (d) (e) All category 1 replacement shade trees shall be a minimum of twelve (12) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions. All category 2 replacement shade trees shall be a minimum of eight (8) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions. All category 1 replacement palm trees shall be a minimum of ten (10) feet in height at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions. All category 2 replacement palm trees shall be a minimum of three (3) feet in height at the time of planting and at maturity should have a canopy coverage of one hundred (100) square feet under normal growing conditions. All small trees shall be a minimum of six (6) feet in height at the time of planting and at maturity should have a canopy coverage of two hundred (200) square feet under normal growing conditions. Specimen Trees. The standards to be applied in reviewing tree removal permit applications involving specimen trees are as follows: (a) Specimen Tree Preservation. Specimen trees shall be preserved whenever reasonably possible, and, upon receipt of an application to remove (a) specimen tree(s), the Planning Division shall consider the following factors in evaluating said application: (b) (c) d) e) ii. iii. iv. v. vi. Size and configuration of the property; Size and configuration of any proposed development; Location of the tree relative to any proposed development; Whether or not the tree can be preserved under the proposed plan or any alternative plan; Health, condition and aesthetic qualities of the tree; and, Whether the tree poses a threat to persons or property. Alternate plans. If, after review of above, the Planning Division determines that (a) specimen tree(s) cannot reasonably be preserved under a proposed plan, then the applicant shall provide an alternate plan, which shall include preservation of the specimen tree(s) and design alternations consistent with the scope and intent of the initially-proposed plan. These alterations may include, but shall not be limited to: i. ii. An adjustment of building orientation on a site; and, An adjustment of lot lines within a site proposal for more than one lot when the adjustment will not cause unreasonable loss of usable space. An applicant shall have the burden of proof in the determination of what constitutes an unreasonable loss of usable space. Specimen tree relocation. If preservation of the specimen tree(s) and any altemate design consistent with the scope and intent of the initial plan are mutually exclusive, then the Planning Division may issue a pe~mit to relocate the specimen tree(s). If a tree removal permit requires relocation, then the applicant shall be required to relocate the tree in accordance with the standards in § 20-4.5 (K). Removal of specimen trees. If relocation of the specimen tree(s) is not feasible due to the size, health, location, species or any other factor, then a permit may be issued for the removal of the specimen tree(s), and tree replacement shall be required. Replacement requirements for specimen trees. As a condition of the issuance of a tree removal permit for the removal of specimen trees, tree replacement requirements (4) (f) (g) shall be twice those specified for the replacement of non-specimen trees under § 20- 4.5(J) (2). Fee. In the event that replacement is not feasible on site, then alternative off-site replacement shall be required, or, as a last alternative, there shall be a contribution to Account No. 219.355, Tree Trust Fund, for the full value of replacement trees. Exemptions from specimen tree replacement requirements. Applicants may be exempt form the replacement requirements above, but subject to the tree replacement requirements contained in § 20-4.5(J) (2), under the following circumstances: ii. iii. Upon submittal of a statement from a landscape architect registered in the State of Florida which indicates that a specimen tree, due to disease, condition, growth habit or any other reasonable botanical factor, does not provide the aesthetic or environmental contribution associated with a specimen tree. Said statement shall include the specific reasons(s) for the claimed exemption from these provisions; When preservation of the specimen tree would cause a foreseeable risk to property; or, When a site contains more than one (1) specimen tree, and fifty (50) percent or more of the existing specimen trees and at least fifty (50) percent of the existing specimen tree canopy area is preserved. Landscape Replacement Plan. Landscape replacement plans may be required under the provisions contained in § 20-4.5(J) (1). All landscape replacement plans shall be submitted by the applicant and must meet the following minimum standards: (a) (b) (c) The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with § 20-4.5(J) (2) & (3); The site plan shall include proposed replacement locations for all tree replacements and relocations, and all property lines, proposed and existing structures, driveways and utility easements; and, The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree or trees shall be removed without removal of the tree(s), a notation shall be made on the plan indicating the situation and canopy area. (5) Alternative Landscape Enhancement Plan. Instead of replacing all affected trees pursuant to provisions contained in § 20-4.5(J) (2) & (3), an applicant may propose to relocate existing trees or propose a unique project design which provides reasonable assurance that the project complies with the intent to maintain tree canopy. Replacement credit may be granted for planting shrubs or ground covers, based upon the following table, provided, however, that a minimum of fifty (50) percent of the required canopy replacement is achieved by using shade trees and palm trees as required under § 20-4.5(J) (2) & (3). Category of Tree Alternative Shrub or Portion of Impact Area for which Each Shrub/Ground Cover Ground Cover Shrub 1 (including small palms) Shrub 21 Ground Cover (a) (b) (c) (d) Compensates 60 square feet replacement area 30 square feet replacement area All category 1 shrubs shall be a minimum of two (2) feet in height at the time of planting and at maturity should have a canopy coverage of sixty (60) square feet under normal growing conditions. All category 2 shrubs and ground covers shall have a root system sufficient to sustain growth at the time of planting and at maturity should have a canopy coverage of ten (10) to twenty (20) square feet under normal growing conditions. The applicant shall have the burden of demonstrating that a design meets the intent of § 20-4.5(J) (2) & (3). At a minimum, an alternative landscaping enhancement plan shall include, without limitation: i. ii. iii. A sealed statement, prepared by a landscape architect, registered in the State of Florida, which indicates that the intent of § 20-4.5(J) (2) & (3) can be effectively met through the submission of the alternative design; and, A site plan, prepared by said landscape architect, registered in the State of Florida, that includes the proposed location, scientific name or description of vegetation to be preserved or planted, property lines, proposed and existing structures, driveways and utility easements; and, A tabulation that identifies any deviations from the requirements of § 20- 4.5(J) (2) & (3) and explicitly provides tree replacement alternatives. The Planning Division may approve an alternative landscape enhancement plan when: (K) i. ii. The design preserves and incorporates existing vegetation; and, The design exceeds the minimum requirements or equivalent of § 20-4.5(J) (2) & (3). Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to the provisions of Section 20-4.5 shall be consistent with the following minimum standards: (1 ) (2) (3) Trees other than palms: (a) (b) (c) (d) Palms: (a) (b) (c) Tree roots shall be severed in such a manner as to provide a root ball which is sufficient to ensure survival of the tree when relocated. A sufficiently-sized planting hole shall be provided at the relocation site to ensure successful re-growth; After root severing, adequate time shall be allowed prior to replanting to ensure survival of the tree(s). After root severing and prior to relocation, tree(s) shall be watered a minimum of twice weekly; and, after relocation, said tree(s) shall be watered a minimum of twice weekly until the tree(s) are established; During removal and transportation of the tree, the root ball and vegetative portions of the tree shall be protected from damage from wind or injury; and, Any tree that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the standards set forth in § 20-4.5(J) (2) & (3). A ball of earth at least one (1) foot from the base of the trees shall be moved with the tree; Fronds shall be securely tied around the bud prior to relocation and shall remain securely tied around the bud during the entire relocation process and for a minimum of one (1) week after relocation; and, Any palm that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the standards set forth in § 20-4.5(J) (2) & (3). (L) Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive full credit for the relocated trees and the tree replacement requirements herein shall not apply to such relocated trees. All relocated trees shall meet the standards set forth above. Tree Protection Required Barriers. During site development, protection requirements for trees designated for preservation under an approved tree removal permit shall include, but not be limited to, the following: (1 ) (2) (3) (4) (5) (6) (7) (8) (9) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the preservation area no less than six (6) feet (in radius) from the trunk of any protected tree cluster or preservation area unless a lesser distance is specified by the Planning Division. Protective barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood, plastic or metal, and shall remain in place until development is completed. Protective barriers shall be in place prior to the start of any construction. Understory plants within protective barriers shall be protected. No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waster material such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or understory plants within the areas surrounded by protective barriers. Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict damage to the tree. Natural grade shall be maintained within protective barriers. In the event that natural grade of the site is changed as a result of site development, such that the safety of the tree may be endangered, tree wells or retaining walls are required. Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by techniques such as tunneling or overhead utility lines. Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots. Trees that are effectively destroyed, shall be replaced according to the standards of § 20-4.5(J) (2) & (3). (M) (N) City of South Miami Tree Trust Fund. (1 ) (2) (3) (4) Creation of the tree trust fund. There is hereby created a tree trust fund, under Account No. 01- 02-19.335, the purpose of which is to acquire, protect, and to plant trees on public property. Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund shall be disbursed for the acquisition, maintenance, management, protection, or planting of trees on public property. Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in lieu of, or in conjunction with, required replacement plantings under Section 20-4.5. The Planning Division shall collect funds deSignated for the tree trust fund when the replacement planting requirements of § 20-4.5(J) (2) & (3) cannot be met. Decisions to grant or deny tree removal permits shall be made without consideration of the existence of this fund or offers of donations of monies thereto. Violations of Section 20-4.5. (1 ) (2) (3) (4) (5) (6) The Planning Division shall charge and collect permit fees and trust fund contributions. Applications from government agencies for tree removals in areas dedicated to public use may be exempted from permit fees. The Planning Division and Building Division shall have the right to inspect any lands affected by Section 20-4.5 and to issue cease and desist orders and citations for violations. Failure to install or maintain landscaping according to the terms of Section 20-4.5 shall constitute a violation of this Code. Failure to plant, preserve, or maintain each individual tree shall be considered a separate violation of this Code. Each day in which either landscaping or individual trees are not installed or maintained, according to the terms of Section 20-4.5, shall constitute a continuing and separate violation of this Code. Any person, firm or entity violating any provision under Section 20-4.5 shall be subject to a fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to provisions of this Code and State. (Ord. No. 3-96-1603, § 2, 4-2-96; Ord. No. 7-98-1655, § 1, 4-21-98) EXHIBIT #4 Miami-Dade County Right-of-Way Landscaping and Tree Protection Requirements MIAMI-DADE COUNTY -RIGHT-OF-WAY LANDSCAPE CODE Chapter 188 Sec. 18B-1. -Short title and applicability. (A) Short title. This chapter shall be known and may be cited as the "Miami-Dade County Right-of-Way Landscape Ordinance". (B) Applicability. This chapter shall be a minimum standard and shall apply to all public rights-of-way both in the incorporated and unincorporated areas except for zoned or dedicated rights-of-way adjacent to lands being used for bona fide agricultural activities as defined in Chapter 18A of this Code. Enforcement in the unincorporated area shall be by the County and in the incorporated areas by the municipalities; provided, any municipality may establish and enforce more stringent regulations as such municipality may deem necessary. In the event the provisions hereof are not enforced within any municipality, the County shall enforce same. (Ord. No. 09-36, § 1, 5-5-09) Sec. 18B-2. -Purpose and intent. It is the intent of this chapter to establish minimum landscape standards for public rights-of-way in incorporated and unincorporated Miami-Dade County that enhance, improve and maintain the quality of the landscape, and to: [Type text] (A) Promote Florida friendly principles through the use of drought-tolerant landscape species, grouping of plant material by water requirements, the use of irrigation systems that conserve the use of potable and non potable water supplies and restrictions on the amount of lawn areas. (B) Use landscape material, specifically street trees, to visually define the hierarchy of roadways, and to provide shade and a visual edge along roadways. (e) Prevent the destruction of the community's existing tree canopy and promote its expansion. (D) Provide for the preservation of existing natural forest communities and specimen sized trees in conformance with Section 24-49, as may be amended from time to time; re-establish native habitat where appropriate, and encourage the appropriate use of native plant material in the landscape. (E) Promote the use of trees and shrubs for energy conservation by encouraging cooling through the provision of shade and the channeling of breezes, thereby helping to offset global warming and local heat island effects through the added absorption of carbon dioxide and reduction of heat islands. (F) Contribute to the processes of air movement, air purification, oxygen regeneration, ground water recharge, and retention of stormwater runoff, as well as aiding in the abatement of noise, glare, heat, air pollution and dust generated by major roadways and intense use areas. Page 1 (G) Reduce the negative impacts of exotic pest plant species and prohibit the use of noxious exotic plants which invade native plant communities. (H) Promote the use of trees to protect and buffer the effects of high winds on structures. (I) Promote the concept of planting the right tree or plant in the right place to avoid problems such as clogged sewers, cracked sidewalk and power services interruptions. (Ord. No. 09-36, § 1, 5-5-09) Sec. 188-3. -Definitions. The definitions contained in Chapters 18A, Code of Miami-Dade County, Florida, shall apply to this chapter. (Ord. No. 09-36, § 1, 5-5-09) Sec. 188-4. -Minimum standards. (A) Irrigation. [Type text] (1) All newly-planted and relocated plant material shall be watered by temporary or permanent irrigation systems until such time as they are established and subsequently on as needed basis to prevent stress and die-off in compliance with existing water use restrictions. (2) Irrigation systems shall be prohibited within native plant communities and natural forest communities, except for temporary systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected immediately after establishment of plant communities. (3) Irrigation systems shall be designed, operated and maintained to: (a) Meet the needs of the plants in the landscape. (b) Conserve water by allowing differential operation schedules based on hydrozone. (c) Consider soil, slope and other site characteristics in order to minimize water waste, including overspray or overflow on to impervious surfaces and other non-vegetated areas, and off-site runoff. (d) Minimize free flow conditions in case of damage or other mechanical failure. (e) Use low trajectory spray heads, and/or low volume water distributing or application devices. (f) Maximize uniformity, considering factors such as: 1. Emitters types, 2. Head spacing, 3. Sprinkler pattern, and 4. Water pressure at the emitter. (g) Use the lowest quality water feasible (graywater shall be used where approved systems are available). (h) Rain switches or other devices, such as soil moisture sensors, shall be used with automatic controls. Page 2 (i) Operate only during hours and on days permitted under Chapter 32 of this Code. (j) Where feasible, drip irrigation or micro-sprinklers shall be used. (4) During dry periods, irrigation application rates of between one (1) and one and one-half (1 %) inches per week are recommended for turf areas. (8) Plant material and mulch. (1) At least fifty (50) percent of the plant material shall be low maintenance and drought tolerant. Canopy trees are preferred where conditions are appropriate. (2) Eighty (80) percent of the plant material shall be listed in the Miami-Dade Landscape Manual, the Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-Maintenance Landscape Plants for South Florida list. (3) Right-of-way landscaping shall include the use of native plant species in order to re-establish an aesthetic regional quality and take advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida. (4) Where feasible, the re-establishment of native habitats shall be incorporated into the landscaping. (5) Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and Natural Forest Communities shall be preserved to the maximum extent possible and all requirements of Section 24-49 of the Code of Miami-Dade County. (6) In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed based on their water needs, growth rate and size, and resource inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area (including rooting space), based on natural mature shape and size shall be provided for all plant materials. (7) Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to reduce energy consumption by shading buildings and other structures and shall be used to reduce heat island effects by shading paved surfaces. (8) Street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be used to establish a road hierarchy by defining different road types. (9) Prohibited trees shall be removed. (10) Special attention shall be given to the use of appropriate species located under, or adjacent to overhead power lines, and near native plant communities and near underground utility lines. Adequate growth area shall be provided for all plant materials. (11) Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of roadways, driveways, recreational paths and sidewalks in accordance with Section 33-11 of the Code of Miami-Dade County and in compliance with federal and state standards. (12) Historic landscapes and landscape features designated by local, State or federal governments shall be preserved. (13) Mulches shall be applied and maintained in accordance with the most recent edition of the Florida Yards and Neighborhoods Handbook titled "A Guide [Type text] Page 3 [Type text] to Florida Friendly Landscaping" by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) and available online at http://www.floridayards.org/landscape/FYN-Handbook.pdf. (14) Cypress mulch shall not be used because its harvest degrades cypress wetlands Page 4 EXHIBIT #5 Location Table of Tree Planting Areas Subject to Change Exhibit #5 Location of Table of Tree Planting Areas (Subject to Change) Queen Crepe Myrtles Silver Buttonwoods Oaks 6522 SW 53rd Terrace 6700 SW 68th Terrace 6503 SW 53rd Terrace 6321 SW 42nd Street 6741 SW 68th Terrace 5763 SW 65th Avenue 5060 SW 66th Avenue 6190 SW 63rd Avenue 7631 SW 64th Court 6000 SW 63rd Court 7049 SW 66th Avenue 7821 SW 59th Avenue 6490 SW 73rd Street 6110 SW 42nd Street 6941 SW 63rd Avenue 6001 SW 79th Street 5651 SW 63rd Court 6770 SW 74th Street 6131 SW 64th Avenue 5980 SW 63rd Court 7531 SW 63rd Court 6630 SW 49th Terrace 6251 SW 63rd Court 5887 SW 77th Terrace 5410 SW 64th Place 5890 SW 84th Street 5975 SW 64th Avenue 5481 SW 64th Place 6110 SW 42nd Street 8320 SW 61st Avenue 6531 SW 59th Street 6785 SW 62 Terrace 6519 SW 52 Terrace 6504 SW 54th Street 5751 SW 63rd Court 6761 SW 75 Terrace 5856 Twin Lake Drive 5900 SW 63rd Court 5758 SW Terrace 5411 SW 63rd Avenue 5920 SW 63rd Court 5841 SW 86th Street 6750 SW 76th Terrace 5960 SW 63rd Court 6761 SW 62nd Terrace 6557 SW 79th Street 6120 SW 63rd Court 6899 SW 62 Terrace 6544 SW 78th Terrace 6220 SW 62nd Street 8020 SW 57th Avenue 5980 SW 79th Street 8301 SW 61st Avenue 6610 SW 78 Terrace 5811 SW 63rd Avenue 6891 SW 79th Terrace 5701 SW 63rd Court 6500 SW 60th Street 6150 SW 63rd Court 6251 SW 63rd Avenue 5651 SW 63rd Court 7931 SW 59TH Avenue 6250 SW 69th Avenue 6611 SW 78th Terrace 6740 SW 78th Terrace 5941 SW 63rd Court 7555 SW 65th Place 6351 SW 65th Avenue 6700 SW 67th Street 6750 SW 74th Street 6250 SW 44th Street 6002 SW 58th Street 7040 SW 68th Court 6390 SW 69th Street 6520 SW 64th Court 8190 SW 60th Avenue 6740 SW 67th Street 5501 SW 63rd Court 6606 SW 53rd Terrace 5120 SW 66th Avenue 5858 SW 80th Street 6131 SW 85th Street 6630 SW 48th Street 5735 SW 77th Terrace 6200 SW 62nd Place 5750 Twin Lake Drive 6622 SW 52nd Terrace 6557 SW 79th Street 6071 SW 88th Street From: To: Bee: Subject: Date: Attachments: Webster. John kulick. Steven p; Korth. Jennifer; poug Baker "CMDS90@COMCASI.NET"; "EFRAMPR@GMAIL.COM"; "PARPOLANDSCAPING@HOTMAIL.COM"; "GRENY@GROUNDKEEPERS.NET"; "TAMMY@MCfSERVICELLC.COM"; "SFGRASSING@YAHOO.COM"; "PINEISLANDNURSERY@MSN.COM"; "SALES@WE-R-PLANTS.COM"; "THOMASMAINTSERV@AOL.COM"; "SOD@GATE.NET"; "INFO@RFORCHIDS.COM"; "DOHAVER@NATIVETREE.COM"; "ASSISIANT@SFMSERVICES.COM"; "LVEBER668@BELLSOUIH.NET"; "AARAZOZA@ARAZOZABROIHERS.COM"; "COMFARMS@BELLSOUTH.NET"; "MIXDGREENS@BELLSOUTH.NET"; "FLORIDALAWNSERV@AOL.COM"; "DARYL@FOUAGEXpRESS.COM"; "LAKESO@HOlJV!AIL.COM"; "CUSIOMERSERYICE@PISTREEBUIQRS,coM"; "YNIGOLANDSCAPING@GMAIL.COM"; "bertnewcombtree@vahoo.com"; "flsincusa@ao!.com"; "cnonner@vahoo.com"; "sales@onetwotree.com"; "jamesgiffen@att.net"; "suncoastnurserytikihuts@hotmai!.com"; "golivera@tropicaltouchgardencenter.com"; "tiptop@tiptopentinc.com"; "IHOMASMAINTSERV@AQL.COM"; "cevensen@nativetree,com"; "superlandscape@bellsouth.net" ITQ Tree Planting Initiative Phase 2 Monday, August 12, 2013 4:11:29 PM Final 8.9.13 Phase 2 ITO Tree Planting Initiative.pdf Attached is an ITQ for a tree planting initiative. The is for 10 Oak Trees, 20 Silver Buttonwood Trees and 40 Queen Crepe Myrtle Trees. The quote is due Thursday, August 22, 2013 at 10 AM, any quotes received after 10:00 AM will be deemed irresponsive. Thank you John Webster Central Services Specialist 6130 Sunset Drive Miami, FL 33143 305-663-6339 jwebster@southmiamifl.gov BID OPENING REPORT Bids were opened on: Thursday, AUilll~~2:::2,:l.,.;' 2::::..:0"-,1c.;;;:3~ ________ a=f=te=r-!-:~1O,,-,-:O,,,-,O=a=m For: TREE PLANTING INITIATIVE PH 2 COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 1. 2. INC. 3. TIP TOP ENTERPRISEfL INC. '''--,,------------ THE ABOVE mDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BEEN COMPLETELY REVIEWED. City MARIA M. MENENDEZ Witness; Print Name Tree Planting Initiative Phase 2 NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Bid. Public Entity Bidder Package/S Non Coli. Drug Free Crimes and Related OSHA (1) Proof of Sun Biz Affidavit Workplace Conflicts of Party Standards Ins ignature I. Distreebutors, X X X X X X X X Inc Crondon, Inc X X X X X X X X Tip Top Enterprises X X X X X X X X (1) Condition of Award Tree Planting Initiative Phase 2 NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER TREES EST. QTY Unit Price Distreebutors, Inc. Unit Price Crodon,lnc Unit Price TipTop Oak Trees 10 $286.00 $2,860.00 $247.50 $2,475.00 $384.00 $3,840.00 Silver Buttonwood 20 $246.00 $4,920.00 $297.50 $5,950.00 $560.00 $11,200.00 Trees Queen Crepe 40 $386.00 $15,440.00 $585.00 $23,400.00 $720.00 $28,800.00 Myrtle TOTAL $23,220.00 $31,825.00 $43,840.00 Detail by Entity N arne ELO, JUAN 1 NW 108 ST P01000087824 651135295 09/06/2001 FL ACTIVE AMENDMENT 01/07/2013 NONE ALEAH GARDENS, FL 33018 Page 1 of3 http://search.suilbiz.org/Inquiry ICorporationSearchiSearchResultDetaillEnti... 8/2612013 Detail by Entity Name Annual Reports Report Year Filed Date 2011 04/25/2011 2012 04/28/2012 2013 04/25/2013 Document Imaaes 94/25/2013 --A~!"tl)6_L,8l;eQBT 01/07/2013 --Amendment 04/28/201~_.:-ANNUAL REPORT 04/25/2011 --ANNUAL REPORT 02/15/2010 --ANNUAL REPORT 04/~9/200~.::.:J..Nt~.!J61.J3 E PORT 04/28/2008 --ANNUAL REe.ORT 04/30/2007 --ANNUAL REPORT 04/25/2006 --ANNUAL REPORT 04/25/2005 -::~_~~.U~"'_Rl;.EQBI P4!2~/2004 --ANf\1Jl.AL REPORT 05/15/2003 :::.ANNUAL REPQJ~l Q~111!2002 --ANN~AL REPORI 09/06/2001 --Domestic Profit r'V~~i'-!l~~~_in PDF for~a~.] r---~image in PDF format iew image in PDF format r View image inuPDF format rVi~W image in PDF format r' View imagein-pi)"Fformat View image in PDF format [' "View-imagei-npDFformat~-] 'Viewima'g;-inF)OFformai-"1 I Copyright © and Privacy Policies Slate of F'orlda, Department of Stale Page 2 of3 http:// search. sunbiz. orgllnquiry ICorporati onSearch/Sean~hResultDetail/Enti... 8126/2013 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P01000087824 FILED Apr 25,2013 Secretary of State Entity Name: DISTREEBUTORS, INC. Current Principal Place of Business: 12121 NW 137TH AVENUE MIAMI, FL 33018 Current Mailing Address: 820 NW 87TH AVE, APT 402 MIAMI, FL 33172 FEI Number: 65-1135295 Name and Address of Current Registered Agent: URRA, MARCOS A 820 NW 87TH AVE, APT 402 MIAMI, FL 33172 US Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its raglstered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Detail : Title Name PSTD URRA, MARCOS A Address 820 NW 87TH AVE, APT 402 City-State-Zip: MIAMI FL 33172 Date Title VP Name MELO, JUAN Address 8771 NW 108 ST City-State-Zip; HIALEAH GARDENS FL 33018 i hereby certili; thai the information Indicated on this report or supplemental report is true and accurate and thai my eleclroniG signatlJrf1 ,'211131/ !lave the Same iega! effect as if made under oaJh: thai I am an oi/jeer or director ofih& corporation or the receiver or trustee empowered to execute this report as required by Chapter 607. Florida Sratutes; and that my name appears above, or on an aUachment with aU othtf)r like empowered. SIGNATURE: MARCOS URRA PSTD 04/25/2013 Electronic Signature of Signing Officer/Director Detail Date Detail by Entity Name Page 1 of3 ent Number P07000007353 N Number 208252887 Filed 01/17/2007 FL ACTIVE CANCEL ADM DISS/REV 10101/2009 NONE http:// search.sunbiziorg/lnquiry ICorporationSearch/SearchResultDetaillEnti... 8/26/2013 Detail by Entity Name CROUSE, ROGER 122975 SW 182 AVENYE MIAMI, FL 33170 !Annual Reports Report Year 2011 2012 2013 Filed Date 04/06/2011 04/11/2012 06/11/2013 Document Ima{.1es 9Jlill!~~Q1~L--ANNV~~b,gf;I:>"Q8I !--view"image~;npDFfo~~"at-1 04/11/2012 --ANNUAL REPORT I\iiewimage"ln PDF"format . "I 04/06/2011 --ANNUAL REPORT in PDF format 04/0JL1fQ1Q --ANNUAL REPQBI in PDF format 10/01/2009 --REINSTATEMENT [viewimage"inP[)Fformai-j 02/22120Q8 --ANNUAL REPORT lViewin1age-i~FformaTI 01/17/2007 --Domestic Profit l---vlewlmageTrlPo"F-iormat--j COPYright © and Privacy Policies State of Flonda, Department of State Page 2 of3 http:// search.sunbiz. orgllnquiry ICorporationSearchlSearchResultDetail/Enti... 8/26/2013 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P07000007353 Entity Name: CRODON. INC. Current Principal Place of Business: 11767 S. DIXIE HIGHWAY #429 MIAMI. FL 33173 Current Mailing Address: 11767 S. DIXIE HIGHWAY #429 MIAMI, FL 33173 US FEI Number: 20-8252887 Name and Address of Current Registered Agent: DONNELLY. MARK P 10900 SW 105 AVENUE MIAMI. FL 33176 US FILED Jun 11,2013 Secretary of State Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OfficerlDirector Detail Detail : Title Name Address VP DONNELLY, MARK P 10900 SW 105 AVENUE City-State-Zip: MIAMI FL 33176 ntle Name Address P CROUSE. ROGER 22975 SW 182 AVENYE City-State-Zip: MIAMI FL 33170 I hereby certify that th& information indicated on this report or supplemental report is trufJ and accurate and that my e!9ctronic sIgnature shall have the same legs' effect as if made under oath; {hat I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as requir9d by Chapter 607, Fion·da Sf8tut&S; and that my name appears abov~, or on an attachment with aft ofher like ernpow$rf3d. SIGNATURE: MARK DONNELLY VP 06/11/2013 Electronic Signature of Signing Officer/Director Detail Date Detail by Entity Name N, LESLIE 181 NW 154TH STREET UITE # 105 IAMI LAKES, FL 33016 me Changed: 03/06/2012 ress Changed: 03/06/2012 TER, JOSEPH A 8101 SW 98TH COURT 633000 591589301 08/17/1979 FL ACTIVE AMENDMENT 07/06/2004 NONE Page 10f4 http://search.sunbiz. orgiinquiry ICorporationSearchiSearchResultDetailiEnti... 8/26/2013· Detail by Entity Name MIAMI, FL 33157 !ritle V PORTER, BEVERLY M 7645 S.W. 178TH TERR. MIAMI, FL 33157 Title V CIROU, FREDERICK T 208 LAKEHILLS DR. ITOWNVILLE, SC 29689 !ritle V YOUNG, STEPHEN E 17820 SW 77 AVE PALMETTO BAY, FL 33157 Title V PORTER, JUSTIN A 11105 SW 134 COURT MIAMI, FL 33186 Annual Reports Report Year Filed Date 2011 03/30/2011 2012 03/06/2012 2013 04/24/2013 Document Im£l.9.es 04/24/2013 --ANNUAL REPORT 03/06/2012 --ANNUAL REPORT 03/30/2011 --ANNUAb~QRI 05/03/2010 --ANNUAL REPORT 04/30/2009_--ANNUAL REPORT 04/30/2008 --ANNUAL REPORT 03/19/2007 --ANNUAL REPORT 05/30/2006 --: ANNUAb_R!;.PORT 04/28/2005 --ANNUAL REPORT 12/17/2004 --Reg. Agent Change 07/06/2004 --Amendment 02/19/2004 --ANNUAL REPORT Q4f25/2003 --ANNUAL REPORT OS/20/2002:-ANNUAL REPORT ;...; .... ;.. .. ; ..................... _ ............ , ! View Image In PDF format . :--.... vie;i~ag .. einpDFform~ ~ ·"Viewlmage i .. n .... PDF .. format .. I u-ViewUimage"in pDpformatu"l "\hew"image in pDF format] [Vie~~l~age inp~:£~~.~at~~] .................. ~ .... -...... ~ ..... ~~ ............................ ········· .. · .... ·· .... · .. -~·· .. ·· .. ··· .. I View image in PDF format . '···-.. · .. ·~"-~·--·--------.. ·-·· .. ·-.. ~··l I View image in PDF format . , ....... _-......... _ ..... _ ............... _ ... " ....... _........................... ........... "I View image in PDF format . ["View image in PDF forn1"atJ , .... ··Vle;image·inp·DFformat ···· .. 1 r Viewlmageinpl:)Fformat-j 1--ViewimagelnPDF"format '1 Page 2 of4 http:// search.sun~iz. orglInquiry ICorporationSearch/SearchResultr.>etaillEnti... 8/26/2013 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 633000 Entity Name: TIP-TOP ENTERPRISES, INC. Current Principal Place of Business: 18101 SW 98TH COURT MIAMI, FL 33157 Current Mailing Address: 18101 SW 98TH COURT MIAMI, FL 33157 FEI Number: 59-1589301 Name and Address of Current Registered Agent: LANGBEIN, LESLIE 8181 NW 154TH STREET SUITE # 105 MIAMI LAKES, FL 33016 us FILED Apr 24,2013 Secretary of State Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Detail : Title Name Address P PORTER, JOSEPH A 18101 SW98TH COURT City-State-Zip: MIAMI FL 33157 Title V Name CIROU, FREDERICK T Address 208 LAKEHILLS DR. City-State-Zip: TOWNVILLE SC 29689 Title V Name PORTER, JUSTIN A Address 11105 SW 134 COURT City-State-Zip: MIAMI FL 33186 Title V Name PORTER, BEVERLY M Address 7645 S.W. 178TH TERR. City-State-Zip: MIAMI FL 33157 Title V Name YOUNG, STEPHEN E Address 17820 SW 77 AVE City-Stale-Zip: PALMETTO BAY FL 33157 I bereby cerlil}~ that the info/maUoH indicated On this report or supplermmtaf repart if< tru8 and 3(;(.'Ufaie i1nd tflat my electronic signature shalf have the same legal effect as if made under oath; that j am an officer or director of the corporation or the receiv@rortnlstoo empowered to execute this report as required by Chapter 607, Florida Statutes; and Ihal my name appears abov9J or on an attachment wilh ell oWer likft empowered. SIGNATURE: JOSEPH PORTER PRESIDENT 04/24/2013 Electronic Signature of Signing Officer/Director Detail Date o~ .~. SUBMITIED TO: City ClerK NAME: Maria Menemlel, CMe CITY OF SOUTH MIAMI INVtTATION TO QUOTE LUMP SUM PROPOSAL PROJECT: ADDRESS: ADDRESS: ~6~·1~30~Su~n~s~&~D~r~N~e~ ______________________ ___ CITY/STATE: CITY/Sf ATE: Miami, florida 33134 ISSUE OATE: PHONE: ~3~O~5-~66~~~6~3~39~ ______________ ~ __________ __ MANDATORY PRE-QUOTE MEETING: N/A E-MAll: OUEDATE: QUOTE SUBMISSION REQUIREMENTS: Tree Plarmnglnitiative Phase 2 Various City Addresses South Miami, fI 3143 Th~y, Aucm:t 22 2013 10:00 AM Quotes submitted after 10:00 AM 00 the due date w!U not be accepted unless oth ..... wlse specified in the quote document of a time change. All quotes will be submitted to the City Oerks Office in a sealed envelope. The label on the on the envelope needs to read as follows: City of South Miami Marla M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: TREE PlANTING INmAllVE PHASE 2 Must input project name. If label does not have all information above your quote will not be accepted. AfFIDAVITS REQUIRED WITH SUBMITTAl: (Attachment AJ Respondents must complete and submit with your quote affidavits provided in Attachment A. QUESllONS: Any Requests for additional information or questions must be fn writing.. emalIed by 10 AM local time on August 20, :ron to the attention of Mr. tohn Webster, Purchasing Specialist at jwebster@southmiamifLgov. INSURANCE REQUIREMENTS: The CITY'S insuran<:e requirements are attached (Exhibit 11. k; a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured_ SCOPE OF WORK DESCRIPTION [0 BE COMPLETED BY CITY): The City of South Miami is seeking quotatio!)S from lf41erienced and capable parties to pm~ide and instal! Oaks, Silve, Buttonwoods, and Queen Crepe Myrtles and maintain such trees for a (lIle-yeal period within the Oty of South Miami City limits< The estimated quantities to be planted within a one-Ye'&r W!riod is seventy (10). O/.!ant'tres of trees are estimated and should be used for planning purposes ooly and are not" firm commitment. NOTE: SEE ATIACl-IEO SCOPE OF SERVICES FOR FURTHER INFORMATIOIIl DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Contractor shall furnish all materials and equipment necessary to secure compk!tion of the work. Contractors!>a!! be COntractor is responstble to ser.ure all permits. and should be r.e'ftecred in the l.ump SUm quote. head but must be attached with this fom). Deadline to -~s Office at 6130 $<inset Orive, So<rtfI Miami, fl33143 Phone.: Signature: Date: E-mail: Firm Name: Address; City: State: THE E1{fWTlON OfTH15 FORM CONSTrrUTES Til< U1OIEQ\l1VOCAl Offi:l< Of' PROPOSER TO UE IlQUNil BY THlOTrnMS OF rrs proPOSAl. FIIlLURE TO SIGN THIS sou<:rrATION WilERI' lNDI(ATED ABOVE BY AN AUTHORIZED REPRI'SENfAnll£ SHAl.l R£NOO\ THE ~ ~IIL THI' mY_V, HOW£\Iffi,lH ITS SOlE DlSCRUlOO, N..UI'f JW'I P!IOI'O'W. THAI 1HWJ0C5 AlII EXE<:lJl I'D DOCUMEm WHi UNEQUNOCAUY HlM)5 7H€PROl'OSffi romETElIMS Of' ITS 0fAJt. THEOTY'Sru:QUe5T roR UUOTESlSfOR Im:WWIO>f fflI}MQST Rf.'5PQNSWE PmCE. THI'CffYRESERIIfS rHfRIGHfTOAWAADTHE PR( TIlE ARM CONSUJI'REOTHE BEST TO SEI!\IE tHECll V'S oooo:sr. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity. may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded to perform work as a Contractor. supplier. Subcontractor. or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 1 12, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer. director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA SIATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to C \ tf of ~ W fiM A [print name of the public entity] by __ M.;;..................;..6i._fL_GO..............:S=-· _W~(_l.ll-_A"--'--_______ _ [print individual's name and title] for_........:0~\ S.::............~~~E-::.....6~0=--TO~_L.---:S=-_~_~--=--c.._. _____ _ [print name of entity submitting sworn statement] whose business address is ~"2() ,.J. v.J ~ ( ~ ~ G.. Y-o L... .~il~_L~ ~ '.:> t 1 L- and (if applicable) its Federal Employer Identification Number (FEIN) is b ~ -\ r }-( z'T S (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "publiC entity crime" as defined in Paragraph 287.133 (I )(g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including, but not limited to , any bid or contract for goods or services to be prOVided to any public entity or an agency or political subdivision of any other $. state or of the United States aod involving antitrust, fraud. theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I }(b), Florida Statutes, means a finding of guilt or a conviction of a pUblic entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I)(a). Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors. executives, partners, shareholders, employees, members. and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of eqUipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (tHe), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders. employees. members. and agents who are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] V Neither the entity submitting this sworn statement, nor any of its officers. directors, ~ives. partners, shareholders, employees. members, or agents who are active in the management of the entity. nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I, 1989. ___ The entity submitting this swam statement. or one or more of its officers. directors. executives, partners. shareholders, employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I, 1989. ___ The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of july I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Aorida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Continuation of Attachment # 2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.0!7, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN~:::~T::AINED IN THIS FO t ~ Sworn to and subscribed before me this y""/ Personally known or Produced identification (Type of identification) day of Notary Public -State of My commission expires [signature] .20 I ~ ;</&/) -j)lIde /':::/tJ £ I d 11 (Printed, typed or ~\"".~''''''1 commissioned name of notary public) Form PUR 7068 (Rev.06/11192) ,"""". JAIME C. ORDONEZ .. "''\ ",,1' #ll ~,(~ f Fi °d -' ,. :<0'0;; Notary Public· Slate 0 on a ,~ My Comm. Expires May 13. 2Q14 <1f Commission # 00 987327 :," Sonded Through National Notary Assn. DRUG FREE WORKPLACE Whenever two or more Bids which are equal with respect to price. quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shaH: I. Publish a statement notifying employees that the unlawful manufacture. distribution, dispensing, possession. or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs. and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I). notify the employees. that, as a condition of working on the commodities or contractual services that are under Bid. the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than fIVe (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program. if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement. I certify that this firm complies fully with the above --4' reqUirements. Signature: PROPOSER's ----+---------~----". Print Name: ~-A.6/('LC.o s. w n ... (LA Date: ~&V~'2-L~ L.00 No CONFUCT OF INTEREST/NoN~COLlUS~ON CERTifiCATION Submitted this 22 day Of __ {\v-'--_(_:......J __ ~ ____ . 20 r~ The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CSM document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CSM, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregOing bid/proposal. as principals, are as follows: The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida. that, to the best of its knowledge and belief, no Commissioner, Mayor. or other officer or employee of the CSM has an interest directly or indirectly in the profits or emoluments of the Contract, job. work or service to which the response/submis -1 pertains. Signature: Printed Name: Title: Telephone: Comn:>ny Name ~ '<. --7' -Q"fJ..z. " 1\ r~ l,)l,...;).( IVL~·WlOf~.J NOTARY PUBLIC: STATE OF :t=-lo ~ t\A COUNTY OF ~ ~M t --I~ c:t ~ The foregoing instrument was acknowledged before me this _2_'_ day of r1<11vJI ,20 IJ ______________ {nameof pers~ whose signature is being notarized) who is SEAL JAIME C. ORDONEZ. {<;. Notary Public· State of florida .~ My Comm. Expires May 13, 2Q14 ,iii Commission # 00 967327 ", Bonded Through National Notary Assn. V Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of'~cii~ Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN, & RETURN THIS fORM MAY DISQUALIFY YOUR RESPONSE ACKNOWLEDGEMENT Of CONfORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI ", --<?c. \Jc.. We, I~( S. f ll-L~~lTGit~ , (Name of Contractor), hereby acknowledge and agree that as Contractors for the Invitation to Quote for Tree Planting Initiative Phase 2, as specified have the sale responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR Witness FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE RELATED PARTIES TRANSACTION VERIfiCATION FORM have read the crty of South Mrami ("CSM")'s Code of Ethics, Section SA· I of the CSM's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm. am(are) about to perform for, or to transact with, the CSM, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the CSM or who is(are) an appointed or elected offICial of the CSM, or who is(are) a member of any public body created by the City Commission. i.e., a board or committee of the CSM, and (3) neither r nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CSM or has a fmancial interest, direct or indirect, in a.ny business being transacted . the CSM, or with any person or agency acting for the CSM, other than as follows: (use a separate sheet to supply additional information will not fit on this line but make reference to the additional sheet which must be signed under oath). (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or your Firm and the CSM other than the following ind~' iduals whose interest is set forth following their names: .....r~f\: (use a separate sheet to supply additional infer tion that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CSM employees and that of all elected and/or appointed CSM offkials or board members, who own, directly or indirectly, an interest of five percent ( %) or more of the total assets of capital stock in the firm are as follows: --:-::--_..,-_---:-_..,+'-'X.f.i....\-_..,-_--:-,(use a separate sheet to supply additional information that will not fit on this line ut make reference to the additional sheet which must be signed under oath). (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CSM. to secure a special privilege, benefit, or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public, for our personal gain or benefit er for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CSM or any person or agency acting for the CSM, and that we have not appeared in representation of any third party before any board, COliltliSSion or agency of the CSM within the past two years other than as follows: ;:...(J ~ (use a separate sheet to supply additional information that will not fit on his line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees. officers, or directors of the Firm. nor any of their immediate family (Le .. as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the Crty Commission; (ii) any city emptoy . r (iii) any member of any board at" agency of the CSM other than as follows: :-\-.....,..-__ ."....,._::-(use a separate sheet to supply additional information that will not fit on this Hne but make reference to the additional sheet which must be signed under oath). (7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le .• spouse, parents, cflildren, brothers and Sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the CSM in which I or the Finn that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded. other than the following: ----'-'--mmRmt~m-'m.-m-m-.-mm----(~~--;;.'~~rate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (8) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. SpecifICally. after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this VerifICation Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (9) A violation of the CSM's Ethics Code. the giving of any false information or the failure to supplement this VerifICation Form. may subject me or the Firm to immediate termination of any agreement with the CSM, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and bel!~-p, _, I Signature: ____ --,.H:~--------+---- Print Name & Title: I t.A ~iLUC ~ W 11..t\ft I 'f> Srf.-D Date: {\v C-v ~ :?2-~ I ~ ( ) ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Section 8A~ I CODE Of ETHIC ADDENDUM No. I Project Name: Tree Planting Initiative Phase 2 Date: August 16, 20 13 Sent: Fax/E-mail/webpage This addendum submission is issued to darify. supplement and/or modify the previously issued Request for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: Do we need to submit a hard copy or can it be sent by email? Answer to Question #1: Hard copy must be submitted Question #2: Would you please let me know the size of the requested plant material? Answer to Question #2: Please refer to Exhibit 3, City of South Miami Land Development Code 20-4.5, Section 3, Subsection D, 3 (Street Trees). The highlighted area located on pages 41-43. Question 113 Please clarify the sizes of the trees. Answer to Question #3, Please refer to Exhibit 3, City of South Miami Land De elopment C0ge' 20-4.5, Section 3, Subsection D, 3 (Street Trees). The highlighted area 10 ted fl-pageS 41-43 [Type text] I \ \1 \1 \ ) ADDEHDUM No.2 Project Name: Tree Planting Initiative Phase 2 Date: August /6, 20 13 Sent: FaxlE-maiVwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Requirement: Planting hole must be two-times the width of the root ball. The depth must be 4" deeper than the height of the root ball to allow for backfill and the top of the root ball must be level with the top of the hole. \ ! [Type text]