Loading...
3THE CITY OF PLEASANT LIVING To: FROM: Via: DATE: SUBJECT: BACKGROUND: REVENUE: FEES TO BE WAIVED: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager May 3,2016 Agenda Item No.: 3 Quentin Pough, Director of Parks & Recreation A Resolution authorizing the City Manager to permit Orchid Mania of South Florida to hold its 18th Annual 'Orchid in the Park' fund raiser, at Dante Fascell Park on Saturday, May 28, 2016 and Sunday, May 29, 2016. Orchid Mania of South Florida "the applicant", a SOl(c)(3) registered organization, has submitted a Rental Application to hold its 18th Annual fundraising event at Dante Fascell Park on May 28 and 29, 2016 from 10:00 a.m. to 5:00 p.m. The applicant will sell orchid plants donated by local, national and international donors in efforts to donate all proceeds to Project Cradle a program at the University of Miami Leonard Miller School of Medicine Department of Infectious Disease and Immunology. This program provides assistance to children and young adults living with HIV/AIDS. The applicant has completed the Rental Application and has submitted the necessary SOl(c)(3) and Tax Exempt Certificate. 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 as an additional insured prior to the event. Not Applicable The applicant is requesting permission to hold its event and a one-hundred percent (100%) waiver for the cost of open green space -to be charged at the pavilion rental rate of $30 per hour -in the amount of $420. RENTAL FEE PERMIT ($30 RENTAL FEE X 7 HOURS X 2 DAYS) Resolution Rental Application Letter Requesting Waiver SOl(c)(3) Certificate I $420 1 RESOLUTION NO.: ________ _ 2 3 A Resolution authorizing the City Manager to permit Orchid Mania of South Florida to 4 hold its 18th Annual 'Orchid in the Park' fundraiser, at Dante FasceliPark on Saturday, 5 May 28th , 2016 and Sunday, May 29 th, 2016. 6 7 WHEREAS, Orchid Mania of South Florida, a SOl(c)(3) organization, has submitted a 8 Rental Application to hold its Orchid in the Park on May 28 to 29, 2016 at Dante Fascell Park; 9 and 10 11 WHEREAS, the applicant will sell orchid plants and donate all proceeds to Project Cradle, 12 a program at the University of Miami Leonard Miller School of Medicine Department of 13 Infectious Disease and Immunology that helps children and young adults with HIV/AIDS; and 14 15 WHEREAS, the applicant has provided the City with a SOl(c)(3) and Tax Exempt 16 Certificate; and 17 18 WHEREAS, the applicant is requesting a one-hundred percent (100%) .waiver for the cost 19 of open green space -to be charged at the pavilion rental rate of $30 per hour-in the amount 20 of $420 ($30 per hour X 7 hours X 2 days); and 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA THAT: 24 25 Section 1. The City Manager is herby authorized to waive one-hundred percent (100%) 26 of the non-profit rental fees for the use of open green space -to be charged at the pavilion 27 rental rate of $30 per hour -at Dante Fascell Park by Orchid Mania South Florida. 28 29 Section 2. Upon approval of this event the applicant must provide the City with the 30 required Certificate of Liability Insurance that complies with the City's standard insurance 31 requirements, including naming the City of South Miami as an additional insured prior to the 32 event. 33 34 Section 3. If any section clause, sentence, or phrase of this resolution is for any reason 35 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 36 the validity of the remaining portionsofthis resolution. 37 38 Section 4. Effective Date. This resolution shall become effective immediately upon 39 adoption by vote of the City Commission. 40 41 42 43 44 45 46 47 48 PASSED AND ENACTED this __ dayof ,2016. 49 50 ATIEST: APPROVED: 51 52 CITY CLERK MAYOR 53 54 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 55 LANGUAGE, LEGALITY AND Mayor Stoddard: 56 EXECUTION THEREOF Vice Mayor Welsh: 57 Commissioner Edmond: 58 Commissioner Liebman: 59 Commissioner Harris: 60 CITY A TIORN EY Step 1: Step 2: Rental Application Form A Step by Step Guide Applicants must download or pick up and complete a facility rental application packet. Application packets include the permit appli.cations, permit policy, rental fees and facility availability schedule. Application packets are available·at Gibson Bethel Community Center, located at 5800 SW 66'h Street, South Miami, FL. 3·3143 and online at www.southmiamifl.gov. Return the completed application and any additional documentation to Gibson Bethel Community Center, 5800 $W66'hStreet,South Miami, Fl33143. Note: Application request must be submitted no later than 14 days in advance oHhe reservation date. Additional documentation require for the followi,ng applicants: 1. Residents a. Photo I.D. (driver's license, passport, resident I. D.) b. One (1) form of Proof of Residency (utility bill, auto registration, mortgage, lease). A cell phone bill is not acceptable proof of residency. 2. Non-Residents a. P·hoto I.D. (driver's license, passport, resident I.D.) 3. Civic/Non-Profits!CommerciaI/Private Step 3: Step 4: Step 5: a. Photo I.D. (driver's license, passport, resident I.D.) b. Tax Certificate 501(c)(3) c. Insurance Organization events taking place on City property require the event holder to carry liability insurance for their own protecti.on .as. well as insure.nce prote.ction for the City. The event producer shall, prior to the event, submit a Certificate of Insurance showing the required insurance .Iimits of $1,000,000 and in effect coverage; the City of South Miami must be listed as an additional insured in the amount of . 1,000,000 are required prior to the event. d. Workers compensation insurance (if applicable) A Department representative will contact applicants within 3-5 business days to notify of permit approval or denial. Special permits may require approval beyond the Parks and Recreation Department. Incomplete applications will not be processed. Applicant pays the refundable security deposit and all associated fees at the time of reservation. . Permit copy is issued and additional copy is filed at Gibson Bethel Community Center. Refund/Cancellation Policy: Refunds may be granted if a cancellation notice is received at least seven (7) days prior to the reserved date of the· event start (i.e. if the eventls an Saturday, the last day ta cancel and receive a refund is Friday, the week priar to the event). Na refunds, including the security depasit will be made thereafter. 1 Rental Application Form Refunds may be granted only if adv.erse weather conditions prevail, or if the cancellation notice is received in writing at least seven (7) days prior to the reserved date of the event or program start. No refunds or credits will be given after this deadline. Name: ~iaUlJ' 1YD2QL.L..Y~~re,..,..,s,--__ ..L.J~"",,' ~--'-'-....,...----"DOB: _____ .,.- (last) (First) . Company/Organization: mDdfv\lUUQ &um. M~)TaXID:e5i3DJ2bCp5141C--o Address: 24425, Shl 121W' fttet·· \ln~cd Ji 33032- (Street) (City) (State) (Zip) Resident: ~NO (1 form of 10 required) Phone: (Home) ~ (Cell) _____ ---, ________ _ ~~la~Cl1.aItS@~c'lV\o.).CDIY\ Driver's license #: ____ -------,-.State:--'-- Requested Date: Requested Time: tOffiYl -f)PM Estimated attendance: DTuDw saDsu ** Facility rentals receive 1 hour before and aftertheir rental to set up and breakdown their event. ** Field and open space rentals receive 30 minutes before and aftertheir rental to set up and break down their event. Special Notes: Fee Chart (per hour) 2 Rental.Application Form Pavilion and gazebo rentals at Brewer Park, Dison Park, Jean Wiffis Park and Marshall Wiffiamson Park costs $35 per hour and must be approved by Director of Parks and Recreation. Rental Fee Du.e: . s-420 Security Deposit Due: S LOO (Security deposit checks must be picked up within 5 bu~iness days after your event or it will be shredded for your privacy/security.) Total Amount Due: Refunds may be granted if a cancellation notice is received at least seven (7) days prior to the reserved date of the event stad (i.e. if the event is on SaturdaY,the last day to cancel and receive a refund is Friday, the week priar to the event). No refunds, including the security depositwiff be m(Jde thereafter. Refunds may be granted only if adverse weather conditions prevail, or if the cancell(Jtion n(Jtice is received in writing at le(Jst seven (7) days prior to the reserved date of ti)e event or program start. No refunds or credits wiff be given after this deadline. Applicant Signature. __________ ...,...,-,-__________ Date. ______ ~ __ _ 3 Rental Application Form General AgreementlRelease In consideration for the City of South Miami Parks and Recreation bepartmept providing the requested facility. 1"_ft~f11~L=-,,afVI'...:.faO'-"2a~a,,"--------,--__ , do herby: . (Print Name) 1) Accept, assumes and voluntarily incur all risks of any injuries,damages, or harm which might arise from the use of the requested facility due to the negligence.or other fault of the APPLICANT or anyone acting through Of on behalfofthe APPLICANT. 2) Agree to compensate the City of South Miami ("City") for any repair andlor replacement costs fOT damages to the.requested facility or equipment while in use during the above date .and time. 3) Agree to indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability,losses, claims, demands,suits, fines, judgments OTcast and expenses, including reasonable attorney's,fees, paralegal fees and· investigative costs incidental there to and incurred prior' to, during or following any litigation, mediation, arbitration and at all appellate levels, which ·may be suffered by;ot accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates,employees, successors and assigns, by reason of any causes' of actions or claim of any kind or ilature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct; or any gross negligence; intentiolll,ll actor harmful conduct of the APPLICANT, its contractor/subcontractor or any of their officers) directors,' agents, representatives, employees,. or assigns, or anyone acting through or on behalf of any of them, which arises out . · of or is concerning the use of the requested facility by me or anyone actiI!g for .or through me .. I agree to pay all.losses and expenses of any kind or nature whatsoever, in connection therewith, including the. expense or loss of the CITY andlorits affected officers, affiliates, employees,successors and assigns; including their attorney's fees, in the defeuse of any action in law or equity brought against them. 4) Agree and recognize that neither the CITY nor its 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 of actions or omissions of the APPLICANT, its contractor/subcontractor, if any, or any <if their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or occurring on the CITY's property. Inn;viewing~ approving or rejecting any submissions or acts of the APPLICANT, CITY in no way assumes.or shares responsibility or liability for the acts or omissions of the APPLICANT, its contractor/subcQntractor, if any, or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. The APPLICANT has the duty to provide CITY with a defense with an attorney or law firm approved by the City of South Miami, which approval Will not be uureasonably withheld. 5) Understand and agree to abide by all applicable rules and regulations as set forth herein and attached to this form. I further understand that I may be asked to vacate the premises and may forfeit my security deposit if I fail to abide by these rules and regulations or any other reasonable request from City of South Miami staff. 6) Understand and agree that rentals, including pavilion rentals operate between sunrise and sunset (excluding . rentals at South Miami Park, Palmer Park and the Gibson-Bethel Community Center), 7) I certifY that the above information is correct and that I have read and understand the rules and regulations governing this permit. Permit Rules and Regulations Please initial at each rule indicating you have read and understand the expectations of the City of South Miami. Permits may not be issued for programs: • Requiring equipment to be set up in the park or facility. • With a negative impact on traffic or the public's ability to epjoy the park or facility, 4 l. 2. 3. • • • RentalApplication Form I Cornidered high risk having a negative impact on the public's health, safety, and welfare. Deemed inappropriate by the Parks and Recreation Director .. With a negative impact on City property; for example, destruction of trees, turt; or other City infrastructure. ___ Facility Permi1JSecurity Deposit • • • • ReservatiollS may be requested up to one year in advance and are based upon availability. The security deposit and all associated rental fees must be paid at the time of reservation. The payment can be made in the .form of a personal check, money order or certified check Failure to adequately clean, dam&ge.to or loss of park property or violation of park rules, will result in the loss of all or part of the deposit. ___ Insurance • • • • • • Prior to the. use of the facility orfacility, proof of insurance may be required with the policy naming the City of South Miami as an additional inaured for the duration of the event. . The coverage for the City shall be primary and non-contributory and written on Florida &Pproved forms by an irnurance company licensed by the State of Florida to sell insurance. The company shall not be a surplus lines carrier and the inaurance shall include contract liability coverage. Activity Any unusual equipment and/or activity, as may be defined by the City in its sole and absolute discretion, must be approved by the Director of Parks and Recreation and noted on the facility reservation form. All equipment must be delivered and removed within the rental period -no stor&ge areas are available. All delivery vehicles must remain in designated parking areas. Excessive amplified music or other loud noises, as determined by the City in its sole and absolute discretion, which disturb other park patrons or adjacent property owners are prohibited. Rides of any. kind including pony rides, mechanical and inflatable rides, petting zoos, etc. are not permitted in any City park. • Use of rentals,ineludilJ.g pavilion rentals Inustbe completed by suriset. Use of rentals at Palmer Park and the Gibson-Bethel Commlmity Center must be completed by 10:00 PM. 4. Conduct • Permittee musltakeall necessary steps to control all of their guests/participants/spectators. Any person(s) violating any of the Rules and Regulations contained herein; imy City ordinances or other laws, or who are, in the opinion of the Parks and Recreation Department, constituting a public nuisance, potential hazard to the public or park property, or exhibiting disorderly conduct, may be expelled from the facility by Parks and Recreation Department staff or Police Department without a refund for the remainder of the permit period. • All vehicles must remain in the design&ted parking lots. • The consumption of alcoholic beverages and gambling of any form is prohibited in all City parks. 5. Set uplDecoration • Decorations may be attached with MASKING TAPE ONLY. The use of staples, nails, tacks, etc. is prohibited. The rental period should include sufficient time for set-up of facility, conducting the event, and cleanup of the facility to the sa,tisfaction of the Parks and Recreation Department. 5 Rental Application Form • All facilities/furniture/equipment must be returned to its original condition and be placed in its original position if moved. Any cleanup performed by the City will be deducted from the deposit andlor billed to the Permitee. . 6. Food Service • Cooking of food must be done in prescribed areas only. No food or drinks will be allowed in the Gymnasium atthe Community .Center. The City of South Miami, Miami-Dade County and the State' of Florida may require permits/licenses when food is to be sold. It is the responsibility of the permittee to contact these agencies for this information and to obtain all required permits. 7. Special Requirements • Occupancy Limits -30 people per pavilion at Dante Fascell Park; 15 people at Fuchs Park and 60 people in the Mnltipurpose Room. I. • Additional trash receptacles, cleanup crews, .portable toilets, off-duty police officers, or other special conditions may be required depending on the facility, number of attendees, nature of event or other miscellaneous conditions as determined by the City in its Sole and abs.olute discretion andlor in the public interest. The sale of merchandise of any kind is prohibited UWess otherwise noted on the application form. 8. Pets • With the exception of service auimals, animals/pets ~ not permitted into or upon City parks and facilities unless otherwise required by law. 9. Cancellations and Ref\mds . . . • . Cancellations made· 72 hours in advance .of schednled'reservatiDn date are eligible. for a refund. No refunds thereafter . . RestrictionslRevocation . . . . . . • the Director of Parks and Recreation reserves the right to approve or deny any application on a case- by-case basis, including but not limited to, limited capacity of park or facility, impact on surrounding .neighborhood, .or such 'applicatiOl! is not consistent with the Parks and RecreationVision, Mission· andlor Values. • Permits are revocable, without notice at arty time by the Parks and Recreatiqil Director or . their designee for a violation of the permit conditions, any park rule, ordinance, Federal or State law Dr if the Director of Parks and Recreation determines the permitted use is a threat to the health, safety; or welfare of the public. . • . . • Should a lapse in the general liability insurance policy occur, the City reserves the right to revoke the user's permit. , ' Applicant Signature: -' __ -:-______________ -:---~ Date:, _______ '--_ For Office Use Only Method of Payment: _~ ___________ -,-___ _ Application Received by: _____________ -,-__ .,-_____ Date:. ________ _ 6 April4th,2016 Mr. Quentin L, POl.Igh Director City of South Miami Parks and. Recreation VIA E-MAIL . EsteemedMr. Pough; By means of this letter, OrchidMania South Florida (iln illl-volunteer, registered 501c3 organization) is requestingaWaiverof Fees for our 18th Annual 'Orchids in the Park'fundraiser, to i:le held atDante fascell.ParkinSouth Mii:1mi Saturday May 28\11 and Sunday May 29th , 2016 There is. no admission fee to the event, and it is open t6 the general public from 10:00 a.m. to 5:00 p.m. both days, There is no food, liquor or music associated with. it. We sell orchid plants thafhave been donated by local, national and international.donors at the event, and Iheproceeds are LJsed to provide mUch needed funding to 'Project Cradle' a program at the University of Miami Leonard Miller School of Medicine Department of Infectious Disease and Imm\Jnology thathelpschi!drenwith.HIV/AIPS hereinourcornmunity. This is our 18th year doing this event at Dante Fascell Park; and the police has never been cal.led to $ddress any issLJes, nor has the Sanitatio.h Department needed toc.ome .0uUo the park because of littering or excessive garbage.issues related to our useofthe park. Attached please find copies of our Tax Exempt documents for your inspection ahdsUbmission to the necessary authorities, bulif you need any additiohal information ordocumentation~ please do not helliti:1teto contact meat your earliest convenience. l·ilJeeIY, . ····.·····l~ C: "I' ~ :... :'-.---.. >,[:(J .. der Lam President encl. Tax Exempt documents P.OBOX430251 So, Miami, FL 33243-0251 (786) 408-3897 , ,,". INTERN)'IL REVENtfE SERVICE P, 0, BOX 2508 CINCINNATI, OH 4520.1 Date: OCT 212009' Q:R,¢HI!? MlrnlJic SOUTa FPORIPA INC POBOX 430251 . SOUTH MIAMI, FL 33243 Dear Applicant: DEPARTMENT OF THE TREASURY Emp;LqyE;!r·;j:gentJ.fication Number: ~5c079·910l DLN, 17053235709013 Contact Person: SHARI A KOLNICKI contact Telephone Number: (877) 829-5500 public Char:l,ty Status: 509 (a) (2) ID# 3H45 our letter datedF<wrnillry 2.0, 1998, s.t.ated yqu would be exempt from Federal income taj{under sE;!ction501 (c) (3J of the I1iternalRevenUe Code; and you would be·treateg illS a public cl].arity during an advancerullng period. Based On our recordsEifld on thE;! informatioIl you ·submitted; We are pleased to inform you that 911r letter dated March 1 1 . :2Q02 in which you ·wEe::re presUIlled .to. pea I'd vate foundation is J,.,rebysupersed",d... Ydu,."eex6IJtpt.jmder l$eqtf"u50;4(c)[Sji:JfplJ,e(,:oA",ahd you are classified as a public charity nuder the code section list.ed inthi> heading of this +",tter. Puhlica.tion 557, TaX-Exempt status .. for' Your Organization, provides detailed infqrmation about your rights arid respqneibilit!esa" an exempt organization. You may request a copy bycalJ.ing the toll.-free number for forms, (800) 829-3676. Infqrmation is 'also availaJ;>le on our Internet Web Site at www •. irs. . gov . If you have general questions about exempt ()rgariiJ"ations, please call our t()llcfree number shown in the heading betwel9Il 8:00 a;m. ~ 6:30p.m. Eastern time. Please keep t:his letter in your permanent records, Si~cerely yours"/ ~f~--hwa# Lois G. Le:nler Directo~, EXempt Organizations Rulings and Agreements Letter 1050 (DO!CG) OOOOOH 04/03/14 ~ C«)lD')SlUIlMeW'S Certofu©@lte ()lI'lE!tell'iTillf)ti()1J1) ~ Issued PursuanHo Chapter 212, Flori~a,Statlltes 85-8012695147C-0 This certifies that ORCHID MANIA OF SOUTH FLORIDA INC 24425SVV 127TH AVE HOMESTEADFL 33032-4109 04/30/2019 OR-14 R.04/11 is exempt from the payment of Florida s$les and uS,e tax on real property rented, transient rentaC~ropertS'rented,tangible ,personal property purchased or rented, or services purchased. II O!'H4 R.04111 1. You must provide all vendors and suppliers with an exempti9ncertificatebefore ma!<ing!ax-exempt purchases. See Rule 12A-1.038"Florida Administrative Code·(FAC.). 2. Your Consumer's Cfjrlificate of Exemption istoQe used solely by your organization for your organization's customary nonprofit activities. . 3, Purqhases made by, an individual onbehalfofthe organization lire taxable,'even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property Is taxable. Your orgariizationmust register, and collactand remit sales, and use taxon such, tax,able transactions. Note: Churches' areexempl from this requirement exceptwhemthey are the lessor of real property (Rule 12A-1.070, FAC,). 5. It is a criminal offense to fraudulently preseritthis certificate t9 evade the payment of sales tax. Underno circumstanoes should this certificate be used for the personal benefit of anyindividuaLViolators will be liable for payment cif tha Sales tax plus a penalty of 200% olthe tax, and maybe subject to convictionofa third-degree felony. Any violation Will require the revQcation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the, Exemption Unit of Account Management at 800-352-3671. From the available options, select"RegistrationofTaxes," then "Registration Ihformatlon," and finally "Exemption Certificates and Nonprofit Entities." The mailing address Is PO Sox 6480, Tallahassee, FL 32314-6480.