Res No 066-19-15338RESOLUTION NO.: 66-19-15338
A Resolution authorizing the City Manager to permit and to waive special event fees
associated with OrchidMania of South Florida's 2V annual 'Orchids in the Park'
fundraiser to be held at Dante Fascell Park on Saturday, May 25th and Sunday, May
261h, 2019.
WHEREAS, OrchidMania of South Florida, Inc. "the applicant", a 501(c)(3) registered
not -for -profit organization, has requested to hold its 21s' annual fundraising event at Dante
Fascell Park on Saturday, May 25th and Sunday, May 261h. 2019 from 10:00 a.m. to 5:00 p.m. at
Dante Fascell Park; and
WHEREAS, the applicant will sell orchid plants and donate all proceeds to Project Cradle,
a program at the University of Miami Leonard Miller School of Medicine Department of
Infectious Disease and Immunology that provides assistance for children and young adults with
HIV/AIDS; and
WHEREAS, the applicant is requesting a one -hundred percent (100%) waiver in the
amount of $640 dollars for access to open green space on the east end at Dante Fascell Park;
and
FEES
AMOUNT
APPLICATION FEE
$60
ADMINISTRATIVE FEE
$100
EXPEDITED FEE (WITHIN 30 DAYS OF EVENT DATE)
$60
RENTAL FEE PERMIT —CHARGED AT PAVILION RATE
($30 RENTAL FEE X 7 HOURS X 2 DAYS)
$420
TOTAL
REFUNDABLE SECURITY DEPOSIT
$640
$500
WHEREAS, upon approval of this event, the applicant must provide the City with a
security deposit (refundable) in the amount of $500 dollars and 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 OrchidMania of South
Florida's 21st annual 'Orchids in the Park' fundraiser event to be held at Dante Fascell Park on
Saturday, May 25th and Sunday, May 261h, 2019.
Section 2. The City Manager is hereby authorized to waive special event fees ($640)
associated with OrchidMania of South Florida's 21s' annual 'Orchids in the Park' fundraiser
Page 1 of 2
Resolution No. 66-19-15338
event.
Section 3. Upon approval of this event the applicant must provide the City with a
security deposit (refundable) in the amount of $500 dollars and 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.
Section 4. 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 5. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ENACTED this 21s' day of May. 2019.
ATTEST:
READ AND APPROVED AS TO FORM:
LANG UAG E-LEGALITY AND
THEREOF
RNEY
APPROVED:
ra
/ .V At
41.
COMMISSION VOTE: S-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman: yea
Commissioner Welsh:
Yea
Agenda item No:3.
City Commission Agenda Item Report
Meeting Date: May 21, 2019
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to permit and to waive special event fees associated with
OrchidMania of South Florida's 21 st annual 'Orchids in the Park' fundraiser to be held at Dante Fascell Park on
Saturday, May 25th and Sunday, May 26th, 2019. 3/5 (City Manager -Parks & Recreation)
Suggested Action:
Attachments:
MEMO- Orchid Mania of South Florida.doc
RESOLUTION - Orchid Mania of South Miami.doc
Orchids In The Park 2019 Special Event Application.pdf
Applicant Ltr. for Waiver Request.doc
Consumer's Certificate of Exemption.pdf
SoutTek Miami
THE CITY Of= PLEASANT I WING
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: May 21, 2019
SUBJECT: A Resolution authorizing the City Manager to permit and to waive special event
fees associated with OrchidMania of South Florida's 23.1 annual 'Orchids in the
Park' fundraiser to be held at Dante Fascell Park on Saturday, May 2511 and
Sunday, May 26th, 2019.
BACKGROUND: OrchidMania of South Florida, Inc. "the applicant", a 501(c)(3) registered not -
for -profit organization, has requested to hold its 21s' annual fundraising event at
Dante Fascell Park on Saturday, May 251h and Sunday, May 261h, 2019 from
10:00 a.m. to 5:00 p.m. The applicant plans to sell orchids and 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.
Upon approval of this event, the applicant must provide the City with a security
deposit (refundable) in the amount of $500 dollars and 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.
REFUNDABLE
SECURITY DEPOSIT*: A $500 refundable security deposit is due ten (10) days prior to the event and
charged/applied to the applicant if there is any event -related damage or trash
remaining post event.
FEES TO BE WAIVED: The applicant is requesting a one -hundred percent (100%) waiver in the amount
of $640 for access to open green space on the east end at Dante Fascell Park.
FEES
AMOUNT
APPLICATION FEE
$60
ADMINISTRATIVE FEE
$100
EXPEDITED FEE (WITHIN 30 DAYS OF EVENT DATE)
$60
RENTAL FEE PERMrr—CHARGED AT PAVILION RATE
($30 RENTAL FEE X 7 HOURS X 2 DAYS)
$420
TOTAL
$640
REFUNDABLE SECURITY DEPOSIT*
$500
PA,
South Miami
THE CITY OF PLEASANT LIVING
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
Resolution
Special Events Application
Letter Requesting Waiver
Consumer's Certificate of Exemption
3
Permit #:
South M iami
THE CITY Ot PUMSAnl LAINC,
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 INF RMATION
APPLICANT NAME: tftinA74af.F.5TITLE: V9.4-3, t,6n 1
DAY TIME PHONE: LOU'l MOBILE: 3i%S 3 -.3o2
EMAIL:l pQ,
2R6 CONTACT NAME:
DAYTIME PHONE:
EMAIL: 1\
ORGANIZATION INFORMATIO
0
NAME OF ORGANIZATION:
ADDRESS:
PRESIDENT/MANAGER NAME:
TITLE:
MOBILE:
0oftS A
Is your organization a non-profit, 501(c) (3) certificate holder?
copy of your certificate with the application.
EVENT INFORMATION
TYPE OF EVENT: ❑ FESTIVAL/CELEBRATION
CHARITY
NAME OF EVENT:
LOCATION OF EVENT:
❑ RUN/WALK ❑ FILM/PHOTO PERMIT
❑ OTHER:
ei
EVENT DATE(S): — 0�5 Z4 I I ❑ NEW EVENT RETURNING EVENT
WILL THIS BE AN ANNUAL EVENT? ❑ NO YES IF YES, THIS IS THE 2_1 YEAR OF THE EVENT
ANTICIPATED ATTENDANCE: ACTUAL EVENT TIME: _ A PM to AIV6P
ASSEMBLY DATE(S): %-r DS I ZG SETUP TIMES: &PM to L A /PM
BREAKDOWN DATE(S): BREAKDOWN TIMES: AM6t0 _(Q_ AN,
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
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/Restrictions:
Property Owners Name:
Property Address:
NOTARY SIGNATURE
Subscribed� and sworn before me, this
Day of I a
Notary Public in and for r✓l i &VI ' 1)19-dC'
nty, State o (o r
Signature (NOTARY PUBLIC)
Phone:
APPLICANT'S TITLE
DATE
1 i `�`; i��w COh1r,91SSION #GG233964
EXF!RES AuG 13 2022
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 over 50 people. Applicants will be responsible to pay for off -duty officers prior to the event
date.
Yes V
❑ Will your event obstruct the normal flow of traffic or sidewalks?
❑ o 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)
--L------- r--1 iL- ----,i -_.ill _--t
rii itu nffirare
STREET, SIDEWALKS AND RIGHT-OF-WAY CLOSURES
List detailed cl sures 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.
QPlease 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
CODE ENFORCEMENT
Yes No
❑ ill you be having any music and/or amplified sounds during your
e nt?
❑ Will your event be starting before 8:00 AM?
❑ Will any music and/or amplified sounds play past 9:30 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)
❑ ill this event require the use of any Department equipment (stage)?
(Please note: A stage rental fee will be applicable if the stage is needed)
❑ Will this event require the use of any Department staff?
PARKING DIVISION
'des 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
❑ 'll your event interfere with any public right-of-ways, such as roads,
sidewalks, alleys, etc.?
❑ Will your event require any full and/or partial right-of-way closures?
lease note: any right-of-way closures will require at least one off -duty
officer per corner and the rental of barricades)
❑://uld you like the City to provide you with any additional barricades
for your event? If YES, how many
❑ Will your event require City Staff to remove recyclable goods, waste and
garbage during and after the event?
If NO, please describe your plans for the cleanup and removal of recyclable goods, waste and
g rbage during and after your eve t.
9
4
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 an
additional Building Permit at the cost to the applicant.)
FEE WAIVERS
Request for fee waivers must be done in the form of a letter and be submitted with the completed
Special Events Application. It is at the discretion of the City Commission, to approve or disapprove all fee
waiver requests and may take up to two (2) months.
Yes No
❑ Will you be submitting a letter for the waiver of fees?
VCC �I�^ I:e-t -%11 f^^� th• + .&ill hn fr% hn wnivnri-
n
FILM/STILL PHOTOGRAPH'
Type of Production:
Base Camp Location:
Cast:
Total Number:
Speciql Effects or Weapons:
Crew: `
Total Vehicles:
DEPARTMENT DIRECTORY
Special Events Division (305) 668-3873
Public Works & Engineering (305) 403-2063
Code Enforcement (305) 668-7335
Extras:
Type of Vehicle:
South Miami Police (305) 663-63M
Parks and Recreation (305) 668-3876
Planning and Zoning (305) 663-6326
5
10
INDEMINIFATION AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and between IOU& 0 (X SA 116 _�� L 1'�
("Applicant"), and the City of South Miami ("City") on the date on which the last of he Parties executes this
Agreement.
RECITALS
WHEREAS, the Applicant s submitted a Special Event Per Application to the City for (event title)
0 0
11b5 inat (location) on
(date(s)) � N. ("Special Event"); and WHERAS, pursuant to of the City's Code
and the City'l Special Eve t Reg lations, 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:
1. The above recitals are true and correct.
2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and
assigns ( collectively "Indemnitees") 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, attorney's 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 closed 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 all 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 cancellations to be considered for any refunds.
lIN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly
•auohgrized signatory(ies) on the date set forth below and notarized.
APPLICANT'S
NA
NOTARY SIGNATURE
Subscribed and sworn before me, this
day of IK'9 i �201 r
u^ntty, State o" In
Signature (NOTARY PUBLIC)
a
APPLICANT'S TITLE
DATE
CG, : ISStOIN ; GG23695a
D. RES ;uc 04. 202?
6
11
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
I Event site (streets, bldg., etc.) 3. Canopies, tents, stages 5. Fencing/Barricades 7. First aid facilities
2. Routes (races, parades, etc.) 4. Restroom facilities 6.Off duty police officers 8. Parking Area
`m
NOTIFICATION/PETITION
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.
Name
ContactResident/Business
one
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
i
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
I
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
❑ Agree ❑ Disagree
13
SOUTH MORIDA
Supporting AIDS education and relief programs
May 7th, 2019
To whom it may concern:
By means of this letter, OrchidMania South Florida is requesting a fee waiver for
our event Orchids in The Park, to be held at Dante Fascell Park May 25th and 26th
2019
Since 1997 OrchidMania South Florida has been providing assistance to children
and families affected and infected with HIV/AIDS in our community, through the
sale of live orchid plants donated to us by local, national, amateur, and
international orchid growers.
These plants have been made available for sale (without incident) to the
community through our annual fundraising event Orchids in the Park, which has
been held at Dante Fascell Park for the last 20 years.
We are a small 501 c3 all volunteer organization and have limited funds, for
expenses outside of our mission to provide for these children.
In all the years that we've hosted this event, there has never been any find of
problem with neighbors, the police, sanitation of the park personal due to the
fact that we do not sell of serve liquor or food, play music or have any other
merchants participate in the event. Only orchids and other garden plants are
sold.
Your assistance in helping us make this happen will be greatly appreciated and
very much needed, as we provide funds for essential services that these families
need.
If you have any questions regarding the event, feel free to contact your police
department and or sanitation departments to confirm that we've never caused
any problems,
Awaiting a positive response to our humble request, I remain,
Sincerely,
Alexander Lamazares
14
24425 SW 12rh Ave., Homestead FL 33032-4109 — Ph. (786) 408-3897 Fax (305) 508-6713
0000:22 02/ca/19
IIIMIIII
Dmi Consumer's Certificate of Exemption
amIssued Pursuant to Chapter 212, Florida Statutes
DR-14
R. 01/18
85-8012695147C-0 I 04/30/2019 I 04/30/2024 I 501(C)(3) ORGANIZATION
This certifies that
ORCHID MANIA OF SOUTH FLORIDA INC
24425 SW 127TH AVE
HOMESTEAD FL 33032A109
is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased.
s
S
FLORIDA
11 Important Information for Exempt Organizations
DR-14
R. 01 /18
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (F.A.C.).
2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are 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 organization must register,
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The
mailing address is PO Box 6480, Tallahassee, FL 32314-6480.
15
INTERNAL REVENUE SERVICE
P. O. SOX 2508
CINCINNATI, OH 45201
Date: OCT w 7 2009
ORCHID MANIA SOUTH FLORIDA INC
PO BOX 430251
SOUTH MIAMI, FL 33243
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
65-0799101
DLN:
17053235709013
Contact Person:
SHARI A KOLNICKI ID# 31145
Contact Telephone Number:
(677) 829-5500
Public Charity Status:
509 (a) (2)
Our letter dated February 20, 1998, stated you would be exempt from Federal
income tax under section 501(c)(3) of the Internal Revenue Code, and you would
be treated as a public charity during an advance ruling period.
Based on our records and on the information you submitted, we are pleased to
inform you that our letter dated March 1, 2002 in which you were
presumed to be a private foundation is hereby superseded. You are exempt under
section 501(c)(3) of the Code, and you are classified as a public charity under
the Code section listed in the heading of this letter.
Publication 557, Tax -Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organization.
You may request a copy by calling the toll -free number for forms,
(800) 829-3676. Information is also available on our Internet Web Site at
www.irs.gov.
If you have general questions about exempt organizations, please call our
toll -free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern
time.
Please keep this letter in your permanent records.
Sincerely yours,
Lois G. Lerner
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
16