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.