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Res No 081-16-14636nrrAlllT1AIU ___081-16-14636 RESOLUTION NO.: A Resolution authorizing the City Manager to permit Orchid Mania of South Florida to holdits 18th Annual 'Orchid in the Park'fundraiser,atDante Fascell Park onSaturday, May 28th,2016 and Sunday,May 29th,2016. WHEREAS,Orchid Mania of South Florida,a 501(c)(3)organization,has submitted a RentalApplication to holdits Orchid in the ParkonMay28 to 29,2016atDanteFascellPark; and WHEREAS,the applicant willsell orchid plants and donate all proceeds to Project Cradle, a program at the UniversityofMiamiLeonardMillerSchoolof Medicine Department of Infectious Disease and Immunology that helps children and young adults with HIV/AIDS;and WHEREAS,the applicant has provided the City with a 501(c)(3)and Tax Exempt Certificate;and WHEREAS,the applicant is requesting a one-hundred percent (100%)waiver for the cost of open green space -tobe charged at the pavilion rental rate of$30 per hour-in the amount of $420 ($30 per hour X7 hours X2days);and NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITYOF SOUTH MIAMI,FLORIDA THAT: Section 1.The City Manager is herby authorized to waive one-hundred percent (100%) of the non-profit rental fees for the use of open green space -to be charged at the pavilion rental rate of $30 per hour-at Dante FascellParkbyOrchidMania South Florida. Section 2.Upon approval of this event the applicant must provide the City with the required Certificate of Liability Insurance that complies with the City's standard insurance requirements,including naming the City of South Miami asan additional insured prior to the event. Section 3.If any section clause,sentence,or phrase of this resolution is for any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this resolution. Section 4.Effective Date.This resolution shall become effective immediately upon adoption by vote of the City Commission. Pg.2 of Res.No.081-16-14636 PASSED AND ENACTED this 3rddav of May READ AND APP LANGUAGE EXEO DAS TO FORM: _,2016. COMMISSION VOTE:3-2 Mayor Stoddard:Yea Vice Mayor Welsh:Nay Commissioner Edmond:Yea Commissioner Liebman:Nay Commissioner Harris:Yea \ufkAlSouth1'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Via: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager Quentin Pough,Director of Parks&Recreation May 3,2016 Agenda ItemNo. Subject: Background: Revenue: Fees to be Waived: Attachments: A Resolution authorizing the City Manager to permit Orchid Mania of South Florida toholdits 18th Annual 'Orchid inthe Park'fundraiser,atDante Fascell Park on Saturday,May 28,2016 and Sunday,May 29,2016. OrchidManiaof South Florida "the applicant",a 501(c)(3)registered organization,has submitted a Rental Application to hold its 18th Annual fundraising event at Dante FascellPark on May28 and 29,2016 from 10:00 a.m. to 5:00 p.m. The applicant wijlsellorchid plants donated bylocal,nationaland international donors in efforts to donate all proceeds to Project Cradle a program at the University ofMiamiLeonardMillerSchoolof Medicine Department of Infectious Disease and Immunology.This program provides assistance to children and young adults livingwith HIV/AIDS. The applicant has completed the Rental Application and has submitted the necessary 501(c)(3)andTaxExempt Certificate.Upon approval of this event the applicant must provide the City with the required certificate ofliability insurance that complies with the City's standard insurance requirements,including naming the Cityof South Miamiasan additional insured prior to the event. NotApplicable The applicant is requesting permission to hold its event and a one-hundred percent (100%)waiver for the cost of open green space -tobe charged at the pavilion rental rate of$30per hour -in the amount of$420. Rental Fee Permit ($30 Rental FeeX7 Hours X2days) Resolution Rental Application Letter Requesting Waiver 501(c)(3)Certificate $420 Rental Application Form A Step by Step Guide Step1:Applicants mustdownloador pick upand complete a facility rental application packet.Application packetsinclude the permitapplications,permit policy,rentalfeesandfacility availability schedule. Application packets are available at Gibson Bethel Community Center,located at5800 SW 66*Street, South Miami,FL.33143 and online at www.southmiamifl.gov. Step2:Return the completed application andany additional documentation to Gibson Bethel Community Center,5800 SW 66th Street,South Miami,FL 33143.Note:Application request mustbe submitted no later than 14 days in advance of the reservation date. Additional documentation require for the following applicants: 1.Residents a.Photo I.D.(driver'slicense,passport>resident LD.) b.One(1)formofProofofResidency(utility bill,auto registration,mortgage,lease).Acellphonebill is notacceptableproofof residency. 2.Non-Residents a.Photo I.D.(driver's license,passport,resident I.D.) 3.Civic/Non^Prolfits/Commercial/Private a.Photo LD.(driver's license>passport,resident I.D.) b.TaxCertificate501(c)(3) c.Insurance Organization events takingplace on City property require the event holder tocarryliability insurance for their own protection as;wellasinsuranceprotectionfor the City.Theeventproducer/shall,priorto the event submita Certificate ofinsuranceshowingtherequiredinsurance limits of$1,000,000andin effect coverage;the City of South Miami must belistedasan additional insured in the amount of 1,000,000 are required prior to the event. d.Workers compensation insurance (if applicable) Step 3:A Department representative will contact applicantswithin 3-5 businessdaysto notify of permit approval ordenial.Special permits may require approval beyond the Parks and Recreation Department Incomplete applications will not be processed. Step 4:Applicantpays the refundable security deposit and all associated fees at the time of reservation. Step 5:Permit copyis issued and additional copyisfiledatGibson Bethel Community Center. Refund/Cancellation Policy: Refunds may be granted ifacancellationnoticeisreceived at leastseven(7)dayspriortothereserveddate of the event start(i.e.ifthe event ison Saturday,theilastdaytocancelandreceivearefundIs Friday,the week priortotheevent). No refunds,including the security depositwillbemade thereafter. Rental Application Form Refunds maybegrantedonlyifadverseweather conditions prevail,orifthe cancellation noticeisreceivedin writing at least seven(7)dayspriortothereserveddate of theeventor program start.Norefundsorcreditswillbegivenafterthis deadline. Name:Atot DOB: 'd :ttwo2gyftS (Last)(First). Resident: (Street) Yes yQ-No (1 form of ID required) (Cell)_Phone:1^1 OBfaJ^tlft'gffl a^la^q2gte^\|(^ob.com Drivers License #: (State)(Zip) State: Requested Date:RftJ>y2g-23,2o|(o Requested Time:Icywyi^Qpin Type of Event/Activity:Estimated attendance: OtohriintefftttliBi* Recurring?•yes [K[No Recurring (every)•M QTu •W•Th Q Fr •Sa •Su **Facility rentals receive1 hour before and after their rental to set up and breakdown their event. **Fieldand open space rentals receive 30 minutes before and after their rental to set up and break down their event. Special Notes: FeeChart(per hour) Education Room Resident •$30 Non-Resident •$40 Non-profit •$20 Computer Lab •$45 •$60 •$35 Multipurpose Room •$60 •$120 •$55 Gymnasium (half court)•$50 •$100 •$45 Gymnasium (full court)•$100 •$200 •$90 Outdoor Basketball (w/o lights)•$20 '••.•$30 •$15 Outdoor Basketball (w/lights)•$30 •$40 •$25. Large Field •$60 •$75 •$50 Rental Application Form |Small Figld _r^in$36____ •$265 [^^•$50^^•$30 0-35 people (3 hours) 36-64 people (3hours)•$315 •••-i :. Additional Hour :050 Pavilion and gazebo rentals atBrewer fork,bison Park,Jean Willis Park and Marshall Williamson Park costs $35 per hour and mu&beapprovedby Director of Parks and Recreation. Rental Fee Due:. Security Deposit Due: (Security deposit checks must be picked upwithin 5 business days after your eventorit will be shredded for your privacy/security) Total Amount Due:$vjj Refunds may be grantedifa cancellation noticeisreceivedatleastseven (7)days prior tothe reserved dateofthe event start(i.e.Iftheeventison Saturday,thelastdayto cancel and receive a refund is Friday,the week prior tothe event). No refunds,including thesecuritydepositwillbemodethereafter: Refunds maybegrantedonlyif adverse weather conditions prevail,orifthe cancellation noticeis received in writing at leastseven(7)days prior tothe reserved dateoftheeventor program start.No refunds or credits willbe given afterthis deadline. Applicant Signature_ $_ Date Rental Application Form General Agreement/Release In consideration for the City of South Miami Parks and Recreation Department providing the requested facility, i.fhix LoniaTivM .dohs.bv: (PrintName) 1)Accept,assumes and voluntarily incur all risks of any injuries^damages,or harm which might arise from the use ofthe requested facility due to the negligence.or other fault of the APPLICANT or anyone acting through or on behalf ofthe APPLICANT.. 2)Agree to compensate the City of South Miami ("City")for any repair and/or replacement costs for damages to therequested facility orequipment while in use during the above date and time. 3)Agree to mdemnify,defend,save and hold CITY,its officers,affiliates,employees,successors and assigns, harmless from any andall damages,claims;liability,losses,claims,demands,suits,fines,judgments or cost and expenses,including reasonable attorney's^fees,paralegal fees and investigative costs incidental there to and incurred priorto,during or following any litigation,mediation,arbitration and atall appellate levels, which maybe suffered b%vt accrued against,charged toor recoverable from theCityofSouth Miami,fts officers,affiliates,employees,successors and assigns,by reason ofanycausesof actions orclaimofany kind or nature,including claims for iiyuiy to,or death of ^or damage toany property arising out ofa negligent eiror*omission,misconduct*orany gross negUgence^hrtenfiotii^l act df harmful conduct ofthe APPLICANT,its cbntractor/subcoritractor brinyof their officers^drrectors^agQLtts, representatives,employees*or assigns,or anyone acting through or on behalf of any ofthem,which arises out oforis concerning theuseofthe requested facility bymeor anyone acting foror through me.I agree to pay all losses ind expenses of any kind or nature whateqever,in connection therewith,including the expense or loss ofthe CITY and/or -its affect^l officers^affiliates,employees,successors and assigns*including their ,attorney'sfees,inthedefenseofanyactioninlaworequity brought against them. 4)Agree and recognize that neither the CITY norits officers,affiliates,employees,successors and assigns shall be held liable or responsible for any claims,including the costs and expenses of defending such claims which may result from or arise out ofactions or omissions ofthe APPLICANT,its contractor/subcontractor,if any, or any of their agents,representatives^employees,or assigns,6r anyone acting through oron behalf of the them,and arising out ofor occurring on the CITY'S property:In reviewing,approving or rejecting any submissions oractsofthe APPLICANT,CITYinnoway assumesior shares responsibility orliabilityforthe actsor omissions of the APPLICANT,its contractor/subcohtractof,if any,oranyoftheiragents, representatives,employees,or assigns,or anyone acting through oranbehalfof them.The APPLICANT has thedutyto provide CITY witha defense with an attorney orlawfirm approved bytheCityof South Miami, which approval willnotbe unreasonably withheld. 5)Understand and agree to abide by all applicable rules and regulations asset forth herein and attached tothis form.I further understand thatI may be asked to vacate the premises and may forfeit my security deposit ifI fail to abide by these rules and regulations oranyother reasonable request from Cityof South Miami staff. 6)Understand and agree that rentals,including pavilion rentals operate between sunrise and sunset (excluding rentalsatSouthMiami Park,PalmerParkandtheGibson-BethelCommunity Center); 7)Icertifythattheabove information iscorrectandthat I havereadand understand therulesand regulations goventing this permit Permit Rules and Regulations Pleaseinitialateachruleindicatingyouhavereadand understand the expectations oftheCity of SouthMiami. Permitsmaynotbeissuedforprograms: •Requiringequipmenttobesetupintheparkorfacility. •Withanegativeimpactontrafficorthepublic'sabilitytoenjoytheparkor facility. • Rental •ApplicationForm Considered highrisk having anegativeimpactonthepublic's health,safety,andwelfare. Deemed inappropriate bythe Paries andRecreationDirector, Witha negative impactonCity property;for example,destruction oftrees,turf;or other City infrastructure. 1.Facility Permit/Security Deposit •Reservations maybe requested uptooneyearin advance and are basedupon availability. •The security depositandall associated rental fees mustbe paid atthetime ofreservation. •The payment canbemadeinthe form of a personal check,money order or certified check. •Failure to adequately clean,damage.to orloss of park property or violation of park rules,will result inthe loss ofallorpartofthe deposit. 2.Insurance.. •Priorto the use ofthe fi^i^^ City ofSouth Miami as an additional insw^for the duration ^the event/ •The coverage for theCity shall be primary andnon-contributory andwrittenon Florida approved forms ;by an insurance company^hcensed-l^theState ofFlorida to selling •The company shall notbea surplus lines carrier and the insurance shall include contract liability coverage. 3.Activity •Any unusual equipment and/or activity,asmaybedefinedbythe City initssoleand absolute discretion, mustbe approved by the Director ofParks and Recreation andnoted onthe facility reservation form. •Allequipmentmustbe dehvered a&d removedwithinthe rental period—no storageareas are available. •All delivery vehiclesmust remain in designated parking areas.Excessiveamplifiedmusicorotherloud noises,as determined bytheCityinits sole and absolute discretion,which disturb other park patrons or adjacent property owners are prohibited.Rides of anykindincluding pony rides,mechanical and inflatable ricles,petting zoos,etc.:are not permitted in any City park. •Useof rentals,including pavilion ratals mustbe coinplesfed by sunset.Use of rentals at Palmer Park and theGibson^Bethel Conimtoity 4.Conduct •Permittee musttake all necessary steps to control all of their guests/p£oticipahts/spectators.Any person(s) violating any of theRules and Regulations contained herein*any City ordinances orother laws,or who are,in the opinion of the Parks and Rebreation Department,constituting a public nuisance,potential hazardto the public or park property,or exhibiting disorderly conduct,maybeexpelled from the facility by Parks and Recreation Department staffor Police Department without a refiind forthe remainder ofthe permit period. •Allvehiclesmust remain inthe designated parking lots. •The consumption ofalcoholic beverages and gambling of any form is prohibited inallCity parks. 5.Setup/Decoration •Decorations maybe attached with MASKING TAPEONLY.The use of staples,nails,tacks,etc.is prohibited.The rental period shouldincludesufficienttime for set-up of facility,conducting theevent, and cleanup ofthefacilitytothe satisfaction ofthe Parks and Recreation Department. Rental Application Form •All faciMes/furniture/equipment mustbe returned toits original condition and be placed in its original position if moved.Any cleanup performed bythe City willbe deducted from the deposit and/or billedto thePermitee. 6.FoodService •Cooking of food must be done in prescribed areas only.No food or drinks willbe allowed inthe Gymnasium atthe Community Center.TheCity of South Miami,Miami-Dade County andthe State of Florida-may require permits/licenses when food istobe sold.Itisthe responsibility ofthe permittee to contactthese agencies,forthisinformationandtoobtainallr^quiredpermits. 7.SpecialRequirements •Occupancy Limits -30 people per pavilion at Dante Fascell jPark;15 people at Fuchs Park and 60 people inthe Multipurpose Room.;I •Additionaltrash receptacles,cleanup crews,portable toilets,qff-diity policeofficers,or other special conditions maybe required depending onthe facility,number of attendees,nature of eventor other miscellaneous conditions as det^nnin^d bytheCityinitssole and absolute discretion and/or in the public interest.Thesale ofmerchandise of anykindisprohibited linless otherwise noted ontheapplicationform. 8.Pets •Withtheexception of serviceanimals,animals/petsarenotpermittedintooruponCityparksand facilitiesunlessotherwiserequired by law. 9.Cancellations and Refunds •Cancelations made 72 hours in advance,of scheduled-rieservation dateareeligibleforarefund.No '.refim<^:"tbereaffe. Restrictions/Revocation •The Director ofParks and Recreation reserves therightto approve ordeny apy application onacase- by-case basis,including but npt limted to,limitedcapacity of park or^ili .neighborhood,orsuch ^pUcationJisn^Recreation Vision^Mission and/or Values. •Permitsarerevocable,withoutnoticeatanytimebythe Parks andRecreation Director or their designeefora violation ofthepermit conditions,anypark rule,ordinance,Federal or. Statelaw6r ifthe Director of ParksandRecreationdetermines the permitteduseisathreatto the health,safety*or welfareofthe public •Should a lapse in the general liability insurance policy occur,the City reserves the right to revoketheuser's permit Applicant Signature:.••"'/s ••'••!s>••-Date:'••:.'. For Office UseOnly Methodof Payment: Application Received by:.,•••••Date: Supporting AIDS educationandreliefprograms April 4th,2016 Mr.Quentin L,Pough Director Cityof South Miami Parks and Recreation VIA E-MAIL Esteemed Mr.Pdugh; By meansof thjs letter,QrehidMania South Fiqricfa fen alkyolunteer,registered 501c3 organization)isrequesting a WaiverofFees for our 18th Annual 'Orchids in the Park1 fundraiser, to be held atDante pasceil Parkin SouthMiami Saturday May 28^andSunday May 29^,2016 There isnoadmission fee tothe event,anditis ojpen tothe geher^al publicfrom 10:00 a.m.to 5:00 p.m.both days,There Is no fopd,liquor ormusicassociatedwithjit We sellorchidplantsthat have been donatedby local,nations}!and international donors atthe event andthe proceeds;are usedto prpvic|e muchneededfunding to 'Project Cradle-a program at the University-of Miami Leonard:Miller School of Medicine Department of Infectious Disease and Immunology that he^ This i§our IB01 year doing this event at Dante Fascell Park,-and the police has never been called toaddressany issues,/nor hasthe Sanitation Department neededto qprneoiito the park because of littering on excessive garbageJssues related to our use of the park. Attached please find copies of our1 Tax Exempt documerits foryourinspectionand.submission tothenecessary authdrities,butif you needany additional information or documentation,please do not hesitatetp contact me atyour earliest convenience. Looking forward toa favo^ble response,I remain, Sir encf.Tax Exempt documents P.O BOX430251 Sa Miami,FL33243-0251 -(786)408-3897 INTERNAL REVENUE SERVICE P,O.BOX 2508 CINCINNATI,OH 45201 Date:OCT 2 7.2009" PO BOX 430251 SOUTH MIAMI,FL 33243 DEPARTMENT OF THE TREASURY B^plqyer:Itjentif icatioB jsrundper: DliN: 17053235709013 Contact Person: SHARI A KOLNICKI ID# Contact Telephone Nuniber: (877)829-5500 Public CharityStatus: 509(a)(2) 31145 Pear'Applicant; OurletterdatedFebruary 20,1998,stated youwouldbe exempt from Federal income taijc under section 501 (c)(3J.of the Internal Revenue Code>and you would be treated asa public charity during an advance rulingperiod. Basedonour records arid oh the information you submitted^we arepleasedto informyouthat pur letterdated Marcli i,:2Q02 inwhichyou were presumed.,tb,be a private foundation is hereby superseded.i$i^a^|:£x •^P^0^:^9^:M^$^WM?^0^^{1 ^4 y°u are classified ^s.a public charity under €ii£Code section listecf "in She heading of this letter. Publication 557,Tax-Exempt Status,for'Your Organization/provides detailed information about your rights,andresponsibilities as-anexemptorganization. You may request a copy by calling the toll-free number for "forms, (800)829-3676.Inforination is also availably onour internet Web Siteat www.lrs.gpv. If you have general questions about exempt organizations r pleasecallour tpll-free number shown in the headingbetween 8:00 a.m.t 6:30 p.m.Eastern time. Please keep this letter inyour permanent records. Sincerelyyours, Lois GV Lerner Director,Exempt Organizations Rulings and Agreements k$ttS#1050 (BO/C0) 0000016 04/03/14 DR-14 R.04/11 Pursuant to Chapter 212,Florida Statutes 85-8012695147O0 Certificate Number This certifies that 04/30/2014 Effective Dajte ORCHID MANIA OF SOUTH FLORIDA INC 24425 SW127TH AVE HOMESTEAD.FL 33032-4109 04/30/2015 5^1(CJ(3);O^GANI^TJOW ExpiratioaDate *•/'.Ltz.Bceipprfton qtitptitf,' isexempt from the payment of Florida salesandusetaxon real prpperty rented,transient rental property rented,tangible .personal property purchased orrented,or services purchased. DFl-14 R.04/11 1.You must provide;^vendors and supplies with anex^^ncertificate before malting tax-exempt purchases. See Rule 12A-1 -#38,Rprida^Administmtiveeode^FAC,). 2.Your Consume^Certificate gt'Exemption istobeusedsolelybyyour organization for yoyr organization^ customary nonprofit activities. 3.Purchaseshriade by^an individual oh behalfof this organization aretaxable,-even if the individual will be reimbursed by the organlzatfon. A.thiis exemption applies drily topurchases yoyr organization msikes.The sale orleasetoothersof tangible personal property,sleepiM Accommodations,orotherrealpropertyistaxable.Yolir organization must register, and coliact/and remit sales,andusetaxon suchtaxabletransactions.Note;Ghurches-are.exempt from this requirement except when theyarethelessorofreal property (Rule 12A-1.070,RA.C). 5.It is a crirhihai offenseto fraudulently present this certificate tpevadethepaymentofsaiestax.Underno circumstances should this certificate beused for the personal benefit of apy -individual.Violators will be liable for paymentof the salsis tax.plusa penalty:of260%ofthe tax,and may.besubj^ct to conyictipn of a third-degree felony.Any violation will require,the revocation of this certificate. 6.If you havequestions regarding your exemption certificate,pleasecontact the;Exemption Unit of Account Management at 800-352-3671.From the availableoptions,select "RegistrationofTaxes,"then"Registration Ihfofmatidn,"and finally "Exemption Certificates and Nonprofit Entities,'1 the mailing address is PO Box 6480, Tallahassee,FL 32314-648b.