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81 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. ________ _ A Resolution absolving the City Manager of all liability relating to the building of two South Miami entry signs. WHEREAS, theF/Y 2016117 CIP budgeted $150,000 for each 'Welcome to South Miami' sign to be placed at Fuch's Park and Dante Fascell Park; and WHEREAS, Vice-Mayor Robert "Bob" Welsh wishes to donate engineering drawings/plans and labor to make the 2 x 26' long signs, with oolite veneer, and landscaping everything included except the ironwork to be attached to the signs; and WHEREAS, Robert "Bob" Welsh has signed a release absolving the City of South Miami ("City") of liability ifhe gets injured doing volunteer work in any City park; and WHEREAS, Robert "Bob" Welsh desires to contribute to the building of the entrance signs at zero labor cost to the City; and WHEREAS, the "contracting exception" authorized by F.S. 489.103 (3) applies only to government "employees"; and WHEREAS, all signs to be erected/constructed in our jurisdiction require upon initial approval of the ERPB, a construction permit as mandated by Section 29-4.2 (B) of the City's Land Development Code. Prior to the issuance of a construction permit, "signed and sealed" construction documents prepared by a State of Florida licensed ArchitectlEngineer must be submitted as mandated by applicable regulations for review and conformance with the Florida Building Code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami Commission hereby absolves the City Manager of all liability relating in anyway to his acting as a contractor for the purposes of the Florida Building Code and for permitting Bob Welsh to contribute to the building of two South Miami entry signs. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of _____ ,' 2017. ATTEST: APPROVED: 47 48 49 50 51 52 53 54 55 56 57 CITY CLERK READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: