Res No 042-19-15314RESOLUTION NO.: 4 2 -19 -15 314
A Resolution authorizing the City Manager to permit a Plant in Every Classroom Inc. to
host a fundraiser to be held at Dante Fascell Park on Saturday, May Wh, 2019 and to
waive all special event fees.
WHEREAS, Mrs. Kerry Schabacker, the applicant on behalf of the 501(c)(3) non-profit
organization A Plant for Every Classroom Inc., has requested to hold a Plant for Every
Classroom Celebration Fundraiser at Dante Fascell Park on Saturday, May 4th, 2019 from 5:00
p.m. to 8:00 p.m.; and
WHEREAS, the applicant will pre -sell tickets for a buffet style dinner, play time in the
playground, and viewing of the NBC Kentucky Derby on a projected screen at Dante Fascell
Park. In addition, event participants will receive donated prizes (i.e. plants, gifts cards,
memberships); and
WHEREAS, all proceeds from the fundraiser will go towards the purchase of plants to be
donated and placed in public school classrooms; and
WHEREAS, the applicant is requesting a one -hundred percent (100%) fee waiver in the
amount of $580, which entails: Special Event Application Fee ($60), Administrative Fee ($100),
Parks and Recreation Staff ($240), two (2) Pavilions ($180).
WHEREAS, a $500 refundable security deposit is due ten (10) days prior to the event
and charged if there is any damage to the park or trash left behind post event; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is hereby authorized to permit a Plant in Every Classroom
Inc. to host a fundraiser to be held at Dante Fascell Park on Saturday, May 4th, 2019 from 5:00
P.M. to 8:00 P.M.
Section 2. The City Manager is hereby authorized to waive one -hundred percent (100%)
of the fees in the amount of $580.
Section 3. 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.
Pagel of 2
Resolution No. 42-19-15314
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ENACTED this 161h day of April, 2019.
ATTEST:
CITY CL RK
READ AND APP
LANGUAGE, V
EY
ED AS TO FORM:
TY AND
COMMISSION VOTE:
5-0
Mayor Stoddard:
Yes
Vice Mayor Harris:
Yes
Commissioner Gil:
Yes
Commissioner Liebman:
Yes
Commissioner Welsh:
Yes
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: April 16, 2019
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to permit a Plant in Every Classroom Inc. to host a fundraiser to be
held at Dante Fascell Park on Saturday, May 4th, 2019 and to waive all special event fees. 3/5 (City
Manager -Parks & Recreation)
Suggested Action:
Attachments:
MEMO- A Plant for Every Classroom.doc
RESOLUTION - A Plant in Every Classroom.doc
Application - A Plant for Every Classroom 2019.pdf
A Plant in Every Classroom 501c3.pdf
COST ESTIMATE - A plant in Every Classroom.pdf
0
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks and Recreation
DATE: April 16, 2019
SUBJECT: A Resolution authorizing the City Manager to permit a Plant in Every
Classroom Inc. to host a fundraiser to be held at Dante Fascell Park on
Saturday, May 4th, 2019 and to waive all special event fees.
BACKGROUND: Mrs. Kerry Schabacker, the applicant on behalf of the 501(c)(3) non-profit
organization Plant in Every Classroom Inc., has requested to hold a Plant
for Every Classroom Celebration Fundraiser at Dante Fascell Park on
Saturday, May 4th, 2019 from 5:00 p.m. to 8:00 p.m.
The applicant will pre -sell tickets for a buffet style dinner, play time in the
playground, and viewing of the NBC Kentucky Derby on a projected
screen at Dante Fascell Park. The proposed fee for the fundraiser dinner
is $20 per adult, kids are free. In addition, event participants will receive
donated prizes (i.e. plants, gifts cards, memberships). The applicant is
anticipating 150 guests. All proceeds from the fundraiser will go towards
the purchase of plants to be donated and placed in public school
classrooms. Police presence is not required for this event. The shift
commander will be notified of the event and the zone unit will monitor
the park periodically.
According to the applicant, more than 210 plants were donated to benefit
3,500 children at Miami Dade County Public Schools and the organization
has recently received grant funding to assist six (6) more schools to
receive plants.
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.
2
r;�\
I fj- I
SouthlvMiami
THE CITY OF PLEASANT LIVING
SECURITY DEPOSIT:
FEES TO BE WAIVED:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
A $500 refundable security deposit is due ten (10) days prior to the event
and charged if there is any damage to the park or trash left behind post
event.
The applicant is requesting a one -hundred percent (100%) fee waiver in
the amount of $580.
DEPARTMENT
AMOUNT
SPECIAL EVENT APPLICATION FEE
$60
SPECIAL EVENT ADMINISTRATIVE FEE
$100
PARKS AND RECREATION STAFF FEE
$240
PAVILION RENTAL FEE PERMIT
($30 RENTAL FEE X 3 HOURS X 2 PAVILIONS)
$180
TOTAL
$S80
Resolution
Special Event Application
Applicant Letter Requesting Waiver
Public Charity Status 501(c)(3)
Cost Estimates
3
((70. �) Permit #: 05 D �i 19 01
South Miami
o -•
SPECIAL EVENT APPLICATION
This application must be submitted for special events that will be held on city property or requiring city services at
least sixty (60) days prior to the date of the event. Please refer to the Special Events Handbook for more
information about applying for a special event in the City of South Miami.
APPLICANT INFORMATION
APPLICANT NAME: Kerry Schabacker
DAYTIME PHONE: 210-632-2411
EMAIL:
kerry@ aplantineveryclassroom.org
Founder
TITLE:
MOBILE:
2"d CONTACT NAME: TITLE:
DAYTIME PHONE:
EMAIL:
ORGANIZATION INFORMATION
NAME OF ORGANIZATION: A Plant in Every Classroom
ADDRESS: 5771 SW 55th St, Miami, FL 33155
MOBILE:
PRESIDENT/MANAGER NAME: Kerry Schabacker PHONE: 210-632-2411
Is your organization a non-profit, 501(c) (3) certificate holder? ❑ NO ® YES - If YES, please provide a
copy of your certificate with the application.
EVENT INFORMATION
TYPE OF EVENT: ❑ FESTIVAL/CELEBRATION ❑ RUN/WALK
® CHARITY ❑ OTHER:
NAME OF EVENT: A Plant in Every Classroom Celebration
LOCATION OF EVENT: Dante Fascell
EVENT DATE(S): May 4, 2019
❑ FILM/PHOTO PERMIT
® NEW EVENT ❑ RETURNING EVENT
WILL THIS BE AN ANNUAL EVENT? ElNO ® YES IF YES, THIS IS THE 1 St YEAR OF THE EVENT
ANTICIPATED ATTENDANCE: 150
ASSEMBLY DATE(S): May 4, 2019
BREAKDOWN DATE(S): May 4, 2019
ACTUAL EVENT TIME: 5 PM AM/PM to S PM AM/PM
SETUP TIMES:2 PM AM/PM to 5 PM AM/PM
BREAKDOWN TIMES: 8 PM AM/PM to 9 PM AM/PM
1 6
EVENT NARRATIVE
A detailed written description/summary of your event is required. Please describe all activities, schedule
of activities, inventory of any sold items, giveaway items, list of vendors and any other important
information. If additional space is needed please use a blank sheet of paper and attach to the
application.
5 PM - Guests arrive. families with children play in the park
530 PM - Buffet dinner served
6 PM - Kentucky Derby games
650 PM - View Kentucky Derby, announce 16 winners of 16 donated prizes
laniy mpmhamh,nc fn meal pnipnainmpnil
8 PM - all guests go home
LOCATION APPROVAL
If the organization is a tenant and/or renter of the event location, please have the property owner
complete the following.
Mark all that apply:
Location is City of South Miami property (street, sidewalk, right-of-way, park, etc.)
❑ Applicant/Organization owns the requested event location
❑ Applicant/Organization will be using private property
Comments:
Property Owners Name: Phone:
Property Address:
PRINT APPLICANT'S NAME APPLICANT'S TITLE
PROPERTY OWNER SIGNATURE DATE
NOTARY SIGNATURE
Subscribed and sworn before me, this
Day of , a
Notary Public in and for
County, State of
Signature (NOTARY PUBLIC)
2 7
POLICE DEPARTMENT
Off -duty police officers are required for street closures as determined by the Police Department. You
will be required to hire off -duty police officers if your event includes street closures, alcohol sales or
large crowds.
Yes No
❑ 0 Will your event obstruct the normal flow of traffic or sidewalks?
10 ❑ Do you expect the total attendance for your event to be over 50 people
at any one given time?
❑ ® Will you be requesting the use of off -duty police officers?
If YES, how many (Please note: if you answered NO, to this
question off -duty officers can still be assigned to your event at a cost to
the applicant if deemed necessary)
If NO, please describe why the event will not have a significant impact on the surrounding public streets
and/or property area.
It is tocatec at a public park vnth. parking. The park has the space for everyone. We are requiring pre•registrattor, anc7 %0 know the exact amount o! people
STREET, SIDEWALKS AND RIGHT-OF-WAY CLOSURES
List detailed closures you are requesting for your event including street, sidewalks and right-of-ways.
Please note: All closures require City Commission approval by resolution and may take up to two (2)
months to be approved. All street, sidewalk and right-of-way closures must be identified on the site
map.
PLANNING AND ZONING
Yes No
❑ Will you be hanging any banners over public streets or pole banners? If
YES, a separate Banner Application with the City of South Miami
Planning & Zoning Department will be required.
(Please note: Only 501(c)(3) organizations may apply for a banner
application. All requests for banners over public streets must be
reviewed and pre -approved. A 501(c)(3) certificate, insurance and
photos of the banner must be included with the application to the
Planning & Zoning Department)
❑ Have you notified the event location neighbors or businesses about
your event?
3 8
CODE ENFORCEMENT
Yes No
❑ Will you be having any music and/or amplified sounds during your
event?
❑ JZ Will your event be starting before 8:00 AM.
❑ ® Will your event end after 11:00 PM?
PARKS AND RECREATION
Yes No
❑ Will this event take place in any of the South Miami City parks and/or
recreation facilities?
(Please note: A rental fee will be applicable if a city park is being used)
❑ Will this event require the use of any Department equipment (stage)?
❑ Will this event require the use of any Department staff?
PARKING DIVISION
Yes No
❑ ® Will you be renting any City parking meters? If YES, how many
(Please note: All closures or interference on right-of-ways that includes
parking meters will be required to pay the daily meter fee)
❑ Do you have enough on -site parking to accommodate your event?
❑ ® Will your event involve the use of a shuttle and/or alternate parking
sites?
PUBLIC WORKS
Yes No
❑ JZ Will your event interfere with any public right-of-ways, such as roads,
sidewalks, alleys, etc.?
❑ Will your event require any full and/or partial road closures?
(Please note: any right-of-way closures will require at least one off -duty
officer per corner)
❑ Would you like the City to provide you with barricades for your event?
If YES, how many
Please describe your plans for the cleanup and removal of recyclable goods, waste and garbage
during and after your event.
We will be using the provicea receptacles ane will bring more as neecec All areas will be left clean
4 9
ADDITONAL EVENT FEATURES
❑ Temporary Fencing ❑ Inflatables/Rides ❑ Live Music
❑ Signs/Banners ❑ Additional Barricades ❑ Open Flames
❑ Tents or Canopies ❑ Electrical Services/, Generators ❑ Port -A -Johns
❑ Other:
(Please note: If any of the following apply, a separate narrative description of each additional feature
may be required by the City with this application. Additionally tents, open flames and signs/banners may
require Building Permits at the cost to the applicant.)
FILM/STILL PHOTOGRAPHY
HY
Type of Production: Special Effects or Weapons:
Base Camp Location:
Cast: '� Crew: Extras:
Tot"umber: Total Vehicles: Type of Vehicle:
DEPARTMENT DIRECTORY
Special Events Division................................................................... (305) 668-3873
South Miami Police Department .................................................. (305) 663-6301
Public Works Department............................................................. (305) 403-2067
Parks and Recreation Department ............................................... (305) 668-3876
Code Enforcement Department.................................................... (305) 668-7335
Planning and Zoning Department ................................................. (305) 663-6326
5 10
INDEMINIFATION AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and between Kerry Schabacker
("Appticane), and the City of South Miami ("City") on the date on which the last of the Parties executes this
Agreement.
RECITALS
WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for (event title)
A Plant in Every Classroom Celelxation at Dante Fescell (location) on
(date(s)) May 4, 2019 . (Spedal Event ); and WHERAS, pursuant to of the
M r Citys Code
and the C tys Special Event Regulations, the Applicant must execute an Indemnification and hold harmless
agreement protecting the City from claims which may arise out of the Special Event.
Now, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other
good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as
follows:
2. The above recitals are true and correct.
2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, sucoessors and
assigns ( collectively "Indemniteee) harmless from and against any and all such claims, suits, actions,
damages, or causes of action arising as result of the Special Event, or of the condition of the site on which
the Special Event is held including any personal injury or loss of life, or damage to or loss of property, and
from and against any costs, attorneys fees, expenses or liabilities Included in and about the defense or
settlement of any clams, and the Investigation thereof, except to the extent caused by Indemnitees
negligence of willful misconduct.
3. No Street shall be dosed without approval from the City Commission.
4. Traffic shall be maintained in accordance with Florida Department of Transportation (FDOT), Miami -Dade
County standards and any additional requirements by the City of South Miami Public Works Department
and Police Department
5. Event areas shall be restored to equal or better condition than they were before the event started.
6. Any damage to private property shall be restored to its original condition or better and as accepted by the
Owner caused by applicant or any of Its agents, servants or employees, invitees and onlookers.
7. if afl restoration work Is not performed within 30 days of work completion, the City of South Miami Public
Works Department may restore the event area and charge the applicant for the cost of restoration and
additional Incidental fees.
8. Applicant must pay all fees prior to the date of their event(s).
9. Applicants shall notify the City of South Miami Special Event Coordinator at least forty-eight (48) hours
prior to start of their event of any cancetiatlons to be considered for any refunds.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly
authorized signatory(les) on the date set forth below and notarized.
Kerry Schabacker Founder
PRINT APPLICANT`S NAME
APPLICANT SIGNATURE
tt&hWtAmr--
NOTARY SUNATURE
APPUCANTS TITLE
DATE
March 18, 2019
Suhwrf bed and sworn before me, this " ; sum oAli
f
day of C 1 MMooa�aswoe+etar�►soatt
County, State
Signature 046TARY PUBLIC)
6
11
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ROUTE/MAP
A map of the event site is required and should indicated the event layout with proposed attractions,
recommended street closures, parade or run/walk routes, etc. Please draw your map on the space
provided below, or attach a map to the application upon submittal. The following must be identified and
labeled
L Event site (streets, bldg., etc.) 3. Canopies, tents, stages 5. Fencing/Barricades 7. First aid facilities
2. Routes (races, parades, etc.) 4. Restroom facilitles 6. off duty police officers S. RarkingArea
12
NOTIFICATION/P ETITIO N
We. the undersigned business and/or residents, have been notified of street closures associated
with the event noted about on said date, and hereby agree or disagree to the closure(s). We are also
aware that this response may not effect this application being disapproved.
Resident/Business Name Contact Name/Title Address Phone No. Signature
II
i
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FINAL CHECK LIST
This list is to ensure that all necessary documentation is included and that all required procedures are
followed. The Special Event Coordinator will check the application against this checklist to ensure all
information was submitted correctly.
❑ APPLICATION: All information has been properly filled out on the application
with all required documents at least 21 days prior to the
proposed event.
❑ FEE: A $60 application fee and $100 administrative fee must
accompany your submission in check or money order form.
❑ SIGNATURES: Application must be signed and notarized.
❑ EVENT NARATIVE: Briefly discuss your Organization/Business, the purpose of your
event, the benefits, etc.
❑ NOTIFICATION FORM: The name, signature, address and phone number of each
person who is either a property owner or lessee within the
requested event area must appear on the sheet.
❑ SITE PLAN: A site plan must be submitted with the application that must
show intersecting streets, parking areas, tents, stages, routes,
barricades, etc.
❑ copy: It is strongly recommended that you make a copy of your
application for your own records
COMPLETED APPLICATIONS: Yvette Valdes, Special Events Coordinator
Gibson -Bethel Community Center
5800 SW 66th Street South Miami, FL 33143
Office: 30S-668-3873 - Email: yvaldes@southmiamifl.eov
Once the application has been approved processed and the date has been reserved the following must
be submitted prior to the event date.
❑ INSURANCE: The applicant is required to submit a Certificate of Insurance
naming the event and the City of South Miami (6130 Sunset
Drive South Miami, FL 33143) as an additional insured, in the
amount of $1,000,000.
❑ EVENT FEES: A $500 refundable security deposit, and other applicable
chargers such as, but not limited to, street closures, off -duty
police officers, etc. will be due and required before any permit
can be issued.
9
14
A PLAINT IN
EVERY CLASSROOM
To the City of South Miami Commission,
I am a retired Navy helicopter pilot who founded the non-profit A Plant in Every
Classroom. We donate plants to Miami Dade public school children for their classrooms.
Benefits of having a plant in the classroom include lower stress and increased attention
and well-being. We have donated over 210 plants benefitting 3,500 children and just
won grant money to help 6 more schools receive plants.
We are so grateful for your city and beautiful Dante Fascell park. We can't think of a
better place to be hosting our fundraiser on May 4, 2019. All money raised will be used
to purchase more plants. Would you be willing to waive the fees for this event? Thank
you for your consideration.
Sincerely,
Kent' Schabacker
Founder, A Plant in Every Classroom
aplantineveryclassroom.org ( infoVaplantineveryclassroom.org 1210-632-2411 15
5771 SW 55th Street, Miami, FL 33155
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201
Date: $ E P 19 2018
A PLANT IN EVERY CLASSROOM INC
5771 SW 55TH ST
MIAMI, FL 33155-0000
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
83-1726980
DLN:
26053653001268
Contact Person:
CUSTOMER SERVICE ID# 31954
Contact Telephone Number:
(877) 829-5500
Accounting Period Ending:
December 31
Public Charity status:
170(b) (1) (A) (vi)
Form 990/990-EZ/990-N Required:
Yes
Effective Date of Exemption:
August 20, 2018
Contribution Deductibility:
Yes
Addendum Applies:
No
We're pleased to tell you we determined you're exempt from federal income tax
under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct
contributions they make to you under IRC Section 170. You're also qualified
to receive tax deductible bequests, devises, transfers or gifts under
Section 2055, 2106, or 2522. This letter could help resolve questions on your
exempt status. Please keep it for your records.
Organizations exempt under IRC Section 501(c)(3) are further classified as
either public charities or private foundations. We determined you're a public
charity under the IRC Section listed at the top of this letter.
If we indicated at the top of this letter that you're required to file Form
990/990-EZ/990-N, our records show you're required to file an annual
information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N,
the e-Postcard). If you don't file a required return or notice for three
consecutive years, your exempt status will be automatically revoked.
If we indicated at the top of this letter that an addendum applies, the
enclosed addendum is an integral part of this letter.
For important information about your responsibilities as a tax-exempt
organization, go to www.irB.gov/charities. Enter ^4221-PC" in the search bar
to view Publication 4221-PC, compliance Guide for 501(c)(3) Public Charities,
which describes your recordkeeping, reporting, and disclosure requirements.
Letter 947
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-z-
A PLANT IN EVERY CLASSROOM INC
sincerely,
I*'' IMGO&W
q
Director, Exempt organizations
Rulings and Agreements
Letter 947
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COST ESTIMATE
South
THE CITY OF PLEASANT LIVING
Special Events Division
5800 SW 66 Street
South Miami, FL 33143
DATE: 4/9/2019
TO: PLANT A TREE IN EVERY CLASSROOM INC.
CITY SERVICE RENDERED
QUANTITY
PRICE
Non -Profit Pavilion Rental (2)
$30 x 2 x 3 hours
$180
Parks and Recreation Employee (2)
$40 x 2 x 3 hours
$240
Special Event Application
$60
$60
Special Event Administrative
$100
$100
Total
$580
Please make checks payable to...
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
THANK YOU! 18