agenda packet6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
CITY COMMISSION MEETING AGENDA
Tuesday, December 1, 2020, 7:00 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION
MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON
WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS
TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE
COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE
FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE
PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR
VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY
MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER
OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM MUST
BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THE
SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER.
PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCH
AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSION IS IN SESSION. PHONE RINGERS AND OTHER
DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF PROCEEDINGS. INDIVIDUALS MUST EXIT THE
CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED BY THE PUBLIC DURING ANY PORTION OF THE
MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.”
A.SILENCE OR TURN OFF ALL CELL PHONES
B.ADD-ON ITEM(S)
C.ROLL CALL
D.MOMENT OF SILENCE
E.PLEDGE OF ALLEGIANCE
F.LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
G.PRESENTATIONS
H.APPROVAL OF MINUTES
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Ha.11.02.2020
11.02.20.docx
I.CITY MANAGER’S REPORT
J.CITY ATTORNEY’S REPORT - [City Attorney reminder: Remarks are limited to those matters
that are not quasi-judicial. Any comment on a quasi-judicial matter may be made when the item is
called and the speaker is under oath.]
K.PUBLIC REMARKS
L.BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
M.COMMISSION REPORTS, DISCUSSION & REMARKS
N.CONSENT AGENDA
1.A Resolution authorizing the City Manager to purchase annual maintenance and support
renewal agreements for the Check Point firewall software appliances for the City and South
Miami Police Department and to execute Amendment No. 4 to the City’s piggyback
agreement with Compuquip Technologies, LLC. 3/5 (City Manager-Finance Dept.)
CM Memo Maintenance & Support Renewal 11.13.20.docx
Res CompuquipAmendNo4CArev.docx
Amendment No 4 toCompuquipKCArev.docx
Res No 228-16-14783.pdf
2.A Resolution authorizing the City Manager to procure professional services from Tomka
Construction LLC. for a new commercial fence system at Ludlam Glades Park. 3/5 (City
Manager-Parks & Recreation)
Memo-LGP Fence Install (QP2).docx
Reso-LGP Fence Install.docx
Proposals.pdf
SunBiz-Tomka Construction LLC.pdf
3.A Resolution canvassing the election returns of the Special Election held November 3, 2020
and declaring results of said election. 3/5 (City Clerk)
Res CanvassingNov3-2020SpElectionResultsCArev.doc
2020.11.13 Certification Letter - Miam-Dade County Supervisor of Elections.pdf
2020 Charter as Amended 11-03-20.doc
4.A Resolution authorizing the City Manager to negotiate and enter into a contract with
Maggolc Inc., for the construction of a traffic calming speed table at SW 78th Street West of
SW 62nd Avenue. 3/5 (City Manager-Public Works & Engineering)
Memo SW 78st W 62av 11-24.docx
Reso SW 78st W 62av 11-24.docx
Maggolc- Contract Speed Table.pdf
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Maggolc Inc Speed Table - Price Proposal.pdf
SOMI Traffic Calming Study_SW 78 St.pdf
SW 78th Street Speed Table RESIDENT SURVEY.pdf
Amendment No.1 to the Intergovernmental Agreement EXECUTED.pdf
O.RESOLUTION(S)
5.A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
amending its rules for public meetings of the City Commission and City Boards during a state
of emergency due to a pandemic or similar event requiring social distancing. 3/5 (Vice
Mayor Welsh)
Res re Covid-19 AmendedRules for Mtgs.docx
P.RESOLUTION(S) PUBLIC HEARING(S)
6.A Resolution concerning approval of a Development Agreement for land described herein
and generally located at 5850 SW 73 Street and 7331 SW 59th Avenue, South Miami, FL, for a
large-scale mixed-use development with 248 residential units and proposed building
intensity of 36,395 square feet of commercial space, proposed population densities of 611
people, a parking garage and a proposed height of 118 feet eight inches; a copy of the
proposed agreement is available in the City Clerk’s office. 3/5 (City Manager-Planning Dept.)
Suggested Action: Approval
Res_approving_DevAgreeCArev.docx
DevelopAgreeBass-Rev2CArev.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
7.A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at
5907 SW 80 Street and as legally described herein. 4/5 (City Manager-Planning Dept.)
5907 SW 80 Street Waiver of Plat CM Staff Report.docx
Res_Waiver_of_Plat_5907_SW_80_Street - Revised .docx
PB-20-017 Documents.pdf
Fiinal PB Regular Meeting Minutes - 09-14-2020.pdf
5907 SW 80 Street Waiver of Plat Conceptual Plans 10-27-2020.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
Q.ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
8.An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South
Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding the
Transit-Oriented Development District Mixed-Use Market (TODD (MU-M)). 4/5 (Vice Mayor
Welsh)
Suggested Action: Approval
ORD_AmendingTODD_MU-M_CArev(2).docx
PB-20-023 Draft PB Regular Meeting Minutes Excerpt - 11-10-2020.docx
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Miami Herald Ad.pdf
MDBR Ad.pdf
R.ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
9.An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land
Development Code to permit dental offices in the GR (General Retail) District, under certain
conditions. 3/5 (City Manager-Planning Dept.)
Suggested Action: Approval
GR amendment re dentists Cover Memo.docx
Ord Dentist in GR DistrictJProctorCArev updated with PB.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
S.ORDINANCE(S) FIRST READING(S)
T.ADJOURNMENT
PURSUANT TO FLORIDA STATUTE 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING,
HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION O1R ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED
BY LAW.
PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULAR
COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE
CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR
APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY
OTHER SPEAKER.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF THE CITY
COMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING SCHEDULED TO RESOLVE
THE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS ADJOURNED. YOU ARE PROHIBITED FROM
MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A SITE VISIT OR MAKING WRITTEN REQUESTS FOR
INFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN
REQUESTS FOR INFORMATION AND RESPONSES THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THE
PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL
COMMUNICATION WITH CITY EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUT
THEIR PERMISSION. FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING
NEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER INVOLVES
LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT YOU OBTAIN ON THIS
MATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION PROVIDED BY STAFF, MUST BE
PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO
PRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOT
ALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM TO PROVIDE YOU WITH ANY INFORMATION ABOUT THE
MATTER. IF THE MATTER REQUIRES MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE
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MATTER IS RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE, AND, EVEN THEN, NOT UNTIL THE MEETING IS
ADJOURNED. IF YOU RECEIVE AN EMAIL OR ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE
ADJOURNMENT OF THE HEARING AT WHICH A FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING IN
THEIR OFFICIAL CAPACITY, YOU MAY READ IT BUT YOU ARE NOT ALLOWED TO RESPOND TO IT AND YOU ARE REQUIRED TO
IMMEDIATELY PROVIDE A COPY OF ANY WRITTEN COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE
CITY CLERK, AND A COPY MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED
ISSUE. IN ADDITION, IF YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEEN
DELIVERED TO THE CLERK AND THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC MEETING
AND, IF IT WAS VERBAL, YOU ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION RECEIVED AND THE
NAME AND ADDRESS OF THE PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND PLACE WHERE THE
COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS POSSIBLE TO THE CITY CLERK, AND IF
APPLICABLE TO A LAND RELATED ISSUE, A COPY MUST ALSO BE DELIVERED TO THE PLANNING AND ZONING DIRECTOR.
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN
APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARING
WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA
STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES
ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY
PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX
PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS
TO BE MADE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL
EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY
QUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THE
USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND
THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS
PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THE
HEARING BEFORE FINAL ACTION ON THE MATTER.
2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATION
THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE PRESUMED
PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORD
BEFORE FINAL ACTION ON THE MATTER.
3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS REGARDING
QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND THE
EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINAL
ACTION IS TAKEN ON THE MATTER.
4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLIC
MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE
EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE
COMMUNICATION.
IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE
COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSION
HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTION
TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT
ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE
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BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE
DETRIMENT OF THE CITY AND OTHER PARTIES.
6
Agenda Item No:Ha.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section:
Subject:
11.02.2020
Suggested Action:
Attachments:
11.02.20.docx
7
CITY COMMISSION MINUTES
November 2, 2020
1
City of South Miami1
Regular City Commission Minutes2
November 2, 20203
4
This City Commission participated in this meeting in-person and virtually.5
6
Mr. Pepe read the instructions for participating in the virtual meeting.7
8
The City Commission met in regular session on Tuesday, October 6, 2020, beginning at 9
7:00 p.m. The meeting was held as a VIRTUAL MEETING through communication media 10
technology with the members of the City Commission and City staff participating through video 11
conferencing. This virtual meeting was held on the Zoom platform used by the City Clerk for live 12
remote participation. 13
14
At this time City Clerk Payne read the three add-on items. It was moved by Vice Mayor 15
Welsh and seconded by Commissioners Harris & Gil to add the three add-on items at the end on 16
Section O. of the agenda. The motion was approved unanimously.17
1819
A) SILENCE OR TURN OFF ALL CELL PHONES
2021 C) ROLL CALL
22
The following members of the City Commission were present: Mayor Sally Philips, Vice 23
Mayor Bob Welsh, Commissioner Josh Liebman, Commissioner Walter Harris and Commissioner 24
Luis Gil. 25
26
Also, in attendance were Shari Kamali, City Manager, Thomas Pepe, City Attorney and 27
Nkenga A. Payne, City Clerk.28
2930
D) MOMENT OF SILENCE
3132
E) PLEDGE OF ALLEGIANCE
33
The Pledge of Allegiance was recited in unison.34
3536
F) LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
3738
G) PRESENTATIONS
8
CITY COMMISSION MINUTES
November 2, 2020
2
3940
H) APPROVAL OF MINUTES
4142
Ha.)10.20.2020
43
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve44
the minutes of 10.20.2020 passed by a 5 - 0 vote:45
46
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
4748
I) CITY MANAGER’S REPORT
49
Ms. Kamali reported on the following: Miami-Dade County Water and Sewer will perform 50
the annual chlorine disinfection of the water system between November 8, 2020 and November 51
21, 2020. Recycling which typically was picked up in the afternoon will now be picked up in 52
the early morning. Residents are urged to place recycling bin outside by 7:00 a.m. to avoid 53
interruption in services. Miami-Dade County has scheduled a virtual public information meeting 54
on Thursday, November 19, 2020 at 6:00 pm regarding the Ludlam Trail. The Parks Department 55
hosted a drive-thru Halloween event Friday, October 30, 2020, the event was a great success 56
with excellent turn-out. The Thanksgiving turkey give away hosted by Parks Department will be 57
open to South Miami residents on first come first serve basis. The give-away will take place 58
Thursday, November 19, 2020 and Friday, November 20, 2020 at the Community Center, pre-59
registration is required. Indoor basketball at Community Center reopens Monday November 9, 60
2020. The Mayor's 2020 State of the City will be held at Victor E. Clarke Education Center on 61
Thursday, November 12 at 6:00 p.m. Due to covid-19 restriction this year's event is by invitation 62
only and will be available for reviewing on the city's website after completion. The general 63
election will be held on November 3, 2020. Veteran's holiday is November 11, 2020 and City Hall 64
will be closed except for essential personnel. The Police Department will be participating in no 65
shave November for 30 days to raise cancer awareness. Participating officers will provide a 66
donation to cancer research at the end of the month. Beginning November 9, 2020, the City’s67
parking division is moving away from pay by space and implementing pay by play parking.68
6970
J) CITY ATTORNEY’S REPORT
71
9
CITY COMMISSION MINUTES
November 2, 2020
3
Mr. Pepe reported on the following: McCormick Case: depositions of city employees are 72
being scheduled and the City will present evidence of why the City maintains the right of way; 73
Clean Power Plan Case: oral argument was held on October 8, 2020; and Stunna's Fit: hehas hired 74
outside counsel, John Lukacs, Sr. for this matter.75
7677
K) PUBLIC REMARKS
78
The following spoke during public remarks: John Edward Smith, Philip Stoddard, Bradley 79
Cassel, Gray Read and Pam Lahiff.80
8182
L) BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
8384
M) COMMISSION REPORTS, DISCUSSION & REMARKS
85
The following is a summary of Commission remarks: 86
87
Vice Mayor Welsh spoke about the residents in the northern part of the City having issues 88
with burglary of their fruit trees and suggest giving a grace of the burglary alarm fee because of 89
this; issuance of tree removal permit; and Covid-19 pandemic, protecting first responders.90
91
Commissioner Gil spoke about the terrific Halloween event and thanked staff.92
93
Commissioner Liebman presented a video of the Halloween event and spoke about how 94
wonderful this event was and thanked staff as well; and he also spoke about the Reva Dadeland 95
project with Miami-Dade County that the City opposed as it relates to the Ludlam Trail and the 96
Underline.97
98
Commissioner Harris spoke about the rise in Covid-19 cases and he shall continue 99
attending the meeting virtually because of the rise.100
101102
N) CONSENT AGENDA
103104
1.)A Resolution extending term limits and acknowledging Vice Mayor Welsh’s
appointment of Mrs. Helene Valentine to serve on the Green Task Force for an
additional two-year term ending November 6, 2022. 3/5 (Vice Mayor Welsh)
105
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve106
Resolution No. 149-20-15589 extending term limits and acknowledging Vice Mayor Welsh’s 107
appointment of Mrs. Helene Valentine to serve on the Green Task Force for an additional two-108
year term ending November 6, 2022 passed by a 5 - 0 vote:109
10
CITY COMMISSION MINUTES
November 2, 2020
4
110
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
111112
2.)A Resolution extending term limits and acknowledging Commissioner Liebman’s
appointment of Bradley Cassel to serve on the Pension Board for an additional
two-year term ending October 31, 2022. 3/5 (Commissioner Liebman)
113
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve114
Resolution No. 150-20-15590 extending term limits and acknowledging Commissioner Liebman’s 115
appointment of Bradley Cassel to serve on the Pension Board for an additional two-year term 116
ending October 31, 2022 passed by a 5 - 0 vote:117
118
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
119120
3.)A Resolution authorizing the City Manager to purchase six (6) vehicles from Alan
Jay Fleet Sales, purchase and install of emergency equipment with Public Safety
Supply and decals and installation from Graphics Design. 3/5 (City Manager-
Police Dept.)
121
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve122
Resolution No. 151-20-15591 authorizing the City Manager to purchase six (6) vehicles from Alan 123
Jay Fleet Sales, purchase and install of emergency equipment with Public Safety Supply and decals 124
and installation from Graphics Design passed by a 5 - 0 vote:125
126
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
11
CITY COMMISSION MINUTES
November 2, 2020
5
127128
4.)A Resolution authorizing the City Manager to enter into an agreement with DBF
Construction, LLC. for the demolition of a single-family residence and other
structures located at 7435 SW 66th Avenue for the purpose of future park-
related development. 3/5 (City Manager-Parks & Recreation Dept.)
129
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve130
Resolution No. 152-20-15592 authorizing the City Manager to enter into an agreement with DBF 131
Construction, LLC. for the demolition of a single-family residence and other structures located at 132
7435 SW 66th Avenue for the purpose of future park-related developmentpassedby a 5-0vote:133
134
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
135136
5.)A Resolution authorizing the City Manager to execute a one-year agreement
with Sunshine Gasoline Distributors, Inc. for the purchase and delivery of bulk
fuel gasoline and diesel for the City’s vehicle fleet and equipment. 3/5 (City
Manager-Public Works Dept.)
137
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve138
Resolution No. 153-20-15593 authorizing the City Manager to execute a one-year agreement 139
with Sunshine Gasoline Distributors, Inc. for the purchase and delivery of bulk fuel gasoline and 140
diesel for the City’s vehicle fleet and equipment passed by a 5 - 0 vote:141
142
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
143144
6.)A Resolution authorizing the City Manager to permit Deli Lane Café to extend
its business onto 59th Avenue from 72nd Street to 73rd Street for an Evening of
Gratitude event on Saturday, November 28, 2020 from 7:00 p.m. to 11:00 p.m.
and to waive certain special event fees. 3/5 (Mayor Philips)
145
12
CITY COMMISSION MINUTES
November 2, 2020
6
Moved by Commissioner Harris, seconded by Commissioner Gil, the motion to approve146
Resolution No. 154-20-15594 authorizing the City Manager to permit Deli Lane Café to extend its 147
business onto 59th Avenue from 72nd Street to 73rd Street for an Evening of Gratitude event on 148
Saturday, November 28, 2020 from 7:00 p.m. to 11:00 p.m. and to waive certain special event 149
fees passed by a 5 - 0 vote:150
151
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
152153
O) RESOLUTION(S)
154155
7.)A Resolution of the Mayor and City Commissioners of the City of South Miami
instructing the City Manager to initiate an application with the City’s Planning
and Zoning Department to designate City Hall as a historic building. 3/5
(Commissioner Harris)
156
Moved by Commissioner Harris. The motion died for a lack of second.157
158159
B) ADD-ON ITEM(S)
160161
Ba.)A Resolution authorizing the City Manager to expend an amount not to exceed
$8,100 to Miami Dade College-School of Justice Assessment Center for the
Sergeants promotional exam. 3/5 (City Manager-Police Dept.)
162
Moved by Commissioner Gil, seconded by Vice Mayor Welsh, the motion to approve163
Resolution No. 155-20-15595 authorizing the City Manager to expend an amount not to exceed 164
$8,100 to Miami Dade College-School of Justice Assessment Center for the Sergeants 165
promotional exam passed by a 5 - 0 vote:166
167
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
168169
13
CITY COMMISSION MINUTES
November 2, 2020
7
Bb.)A Resolution of the Mayor and City Commissioners of the City of South Miami
accepting the Right of Way dedication deed of twenty-five (25) feet along SW
68 Avenue for future Right of Way improvements. 3/5 (City Attorney).
170
Moved by Commissioner Gil, seconded by Commissioner Liebman, the motion to approve171
Resolution No. 156-20-15596 of the Mayor and City Commissioners of the City of South Miami 172
accepting the Right of Way dedication deed of twenty-five (25) feet along SW 68 Avenue for 173
future Right of Way improvements passed by a 5 - 0 vote:174
175
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
176177
Bc.)A Resolution of the Mayor and City Commissioners of the City of South Miami,
in accordance with Florida Statutes, Chapter 252, and the City’s Home Rule
Powers, suspending all ordinances that requires that a quorum be present in
person at meetings of any of the City’s Boards during the pendency of the Covid-
19 pandemic. 3/5 (City Attorney)
178
Moved by Vice Mayor Welsh, seconded by Commissioner Liebman, the motion to approve179
Resolution No. 157-20-15597 of the Mayor and City Commissioners of the City of South Miami, 180
in accordance with Florida Statutes, Chapter 252, and the City’s Home Rule Powers, suspending 181
all ordinances that requires that a quorum be present in person at meetings of any of the City’s 182
Boards during the pendency of the Covid-19 pandemic passed by a 5 - 0 vote:183
184
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
185186
P) RESOLUTION(S) PUBLIC HEARING(S)
187188
Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
189190
14
CITY COMMISSION MINUTES
November 2, 2020
8
8.)An Ordinance of the City of South Miami, Florida, authorizing the City Manager
to execute a lease agreement with the South Miami Children's Clinic, Inc., a
Florida not-for-profit corporation, for the property located at 6701 SW 58th
Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on
October 1, 2020, and terminating on September 30, 2025. 4/5 (City Manager-
Finance Dept.)
191
The public hearing on this item was opened and closed with no speakers.192
193
It was moved by Commissioner Liebman and seconded by Vice Mayor Welsh to raise the 194
annual rent to $2.00 a year. The motion failed by a 1-4 vote. (Nay - Commissioner Liebman, 195
Commissioner Gil, Commissioner Harris, Mayor Philips; Yea - Vice Mayor Welsh).196
197
Moved by Commissioner Gil, seconded by Vice Mayor Welsh, the motion to approve198
Ordinance No. 32-20-2386 of the City of South Miami, Florida, authorizing the City Manager to 199
execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not-for-profit 200
corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 33143, for a 201
term of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025202
passed by a 5 - 0 vote:203
204
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
205
206207
R) ORDINANCE(S) FIRST READING(S)
208209
9.)An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the
City of South Miami Land Development Code modifying Article VIII, Section 20-
8.3 regarding the Transit-Oriented Development District Mixed-Use Market
(TODD (MU-M)). 3/5 (Vice Mayor Welsh)
210
Please note that this item is scheduled for Planning Board on November 10, 2020 and will 211
be scheduled for 2nd reading on December 1, 2020 City Commission meeting.212
213
Moved by Vice Mayor Welsh, seconded by Commissioner Liebman, the motion to 214
approve this item passed by a 5 - 0 vote:215
15
CITY COMMISSION MINUTES
November 2, 2020
9
216
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
217
218219
10.)An Ordinance amending the City of South Miami Code of Ordinances, Chapter
2, Article I, Section. 2-2.1 to change the time for submitting add-on items to the
Agenda and providing for attending Commission meetings remotely. 3/5
(Commissioner Harris)
220
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve221
this item passed by a 5 - 0 vote:222
223
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
224225
11.)An Ordinance amending the City of South Miami Land Development Code,
Section 20.6.1(A) (B), (C) and (D) to provide for virtual meetings, election day
meeting conflicts, attendance remotely, authority of the person chairing the
meeting to make motions and vote on all motions and clarifying that board
members are nomination and not recommended for membership. 3/5 (City
Attorney)
226
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve227
this item passed by a 5 - 0 vote:228
229
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
16
CITY COMMISSION MINUTES
November 2, 2020
10
Nay:None
230231
S) ADJOURNMENT
232
There being no further business to come before this Body, the meeting was adjourned at 233
8:20 p.m.234
235
Attest:
_________________________
Nkenga A. Payne
City Clerk
Approved:
_________________________
Sally B. Philips
Mayor
236
237
238
239
17
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Steven Kulick
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to purchase annual maintenance and support renewal agreements
for the Check Point firewall software appliances for the City and South Miami Police Department and to execute
Amendment No. 4 to the City’s piggyback agreement with Compuquip Technologies, LLC. 3/5 (City
Manager-Finance Dept.)
Suggested Action:
Attachments:
CM Memo Maintenance & Support Renewal 11.13.20.docx
Res CompuquipAmendNo4CArev.docx
Amendment No 4 toCompuquipKCArev.docx
Res No 228-16-14783.pdf
18
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:December 1, 2020
SUBJECT:A Resolution authorizing the City Manager to purchase annual
maintenance and support renewal agreements for the Check Point
firewall software appliances for the City and the South Miami Police
Department onto a piggyback agreement with Compuquip Technologies,
LLC.
BACKGROUND:The City and the South Miami Police Department previously installed the
Check Point firewall appliances and were placed into service by the City’s
IT provider, Miami-Dade County ITD.
With respect to the Police Department, ITD determined that City of South
Miami Police must be isolated onto a dedicated and separate firewall in
order to comply with new U.S. Department of Justice, Federal Bureau of
Investigation (FBI) and Criminal Justice Information Services (CJIS) Division
security policies.
Miami-County ITD has reviewed the maintenance and renewal
agreements and approved the City to proceed with the purchase. The
purchase will be made through a piggyback agreement from the State of
Maryland agreement “Hardware and Associated Equipment & Services
Contract No. 060B2490022, under the authority of Resolution 228-16-
147783 whereby Compuquip Technologies, LLC is an authorized reseller
for Check Point.
ACCOUNT:The expenditure of $54,231.92; ($42,882.84, City and $11,349.08, Police)
shall be charged to the Fiscal Year 2020-2021 Internet Maintenance
account number 001-1340-513-4634 which has a proposed balance of
$138,443.11 before this request was made.
ATTACHMENTS:Resolution
Amendment No. 4 to Piggyback Agreement
Resolution 228-16-147783 Piggyback Contract, Compuquip Technologies
19
Page 1 of 2
RESOLUTION NO: _______________1
A Resolution authorizing the City Manager to purchase annual maintenance and 2
support renewal agreements for the Check Point firewall software appliances 3
for the City and South Miami Police Departmentand to executeAmendment No. 4
4 to the City’s piggyback agreement with Compuquip Technologies, LLC.5
WHEREAS, the City and the South Miami Police Department previously installed 6
the Check Point firewall appliances and were placed into service by the City’s IT provider, 7
Miami-Dade County ITD; and8
WHEREAS, Miami-Dade County ITD determined that the South Miami Police 9
Department must be isolated onto a dedicated and separate firewall in order to comply 10
with new U.S. Department of Justice, Federal Bureau of Investigation (FBI) and Criminal 11
Justice Information Services (CJIS) Division security policies; and12
13
WHEREAS, the purchase will be made through and amendment to the piggyback 14
agreement with Compuquip Technologies, LLC, an authorized reseller for Check Point, 15
through a State of Maryland agreement “Hardware and Associated Equipment & Services 16
Contract No. 060B2490022, under the authority of Resolution 228-16-147783; and17
WHEREAS, the combined cost for the Maintenance and Support Renewal 18
Agreements for the City and South Miami Police Department shall not exceed$54,231.92; 19
($42,882.84, City and $11,349.08, Police) shall be charged to the Fiscal Year 2020-2021 20
Internet Maintenance account number 001-1340-513-4634 which has a proposed 21
balance of $138,443.11 before this request was made.22
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 23
OF SOUTH MIAMI, FLORIDA.24
Section 1.The foregoing recitals are hereby ratified and confirmed as being true 25
and correct and are hereby made a specific part of this resolution upon adoption hereof.26
Section 2. The City Manager is authorized to purchase annual maintenance and 27
support renewal agreements for the Check Point firewall software appliances for the City 28
and South Miami Police Department onto to a piggyback agreement with Compuquip 29
Technologies, LLC through a State of Maryland agreement “Hardware and Associated 30
Equipment & Services Contract No. 060B2490022. A copy of the Amendment to the 31
Piggyback Agreement is attached.32
Section 3.Corrections. Conforming language or technical scrivener-type 33
corrections may be made by the City Attorney for any conforming amendments to be 34
incorporated into the final resolution for signature.35
36
20
Page 2 of 2
Section 4. Severability. If any section, clause, sentence, or phrase of this 1
resolution is for any reason held invalid or unconstitutional by a court of competent 2
jurisdiction, this holding will not affect the validity of the remaining portions of this 3
resolution.4
Section 5. Effective Date: This resolution will take effect immediately upon 5
enactment.6
PASSED AND ADOPTED this ___ day of __________, 20207
8
ATTEST:APPROVED:9
10
11
_____________________________________________________12
CITY CLERK MAYOR13
14
15
COMMISSION VOTE:16
READ AND APPROVED AS TO FORM,17
LANGUAGE, LEGALITY AND EXECUTION Mayor Philips:18
EXECUTION THEREOF Vice Mayor Welsh:19
Commissioner Harris:20
_______________________Commissioner Liebman:21
CITY ATTORNEY Commissioner Gil:22
23
24
25
26
21
PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED
EQUIPMENT & SERVICES
Amendment No. 4
THIS AMENDMENT made and entered into this 1 day of December, 2020 by and between the
City of South Miami, a Florida municipal Corporation by and through its City Manager
(hereinafter referred to as “City”) and Compuquip Technologies, LLC, (hereinafter referred to
as “Contractor,” an authorized reseller for Check Point, LTD.
The purpose of Amendment No. 4 to the piggyback agreement dated November 16, 2016 between
Contactor and City is to include a Security Management Platform for the Check Point Firewall
Appliance for both the City and South Miami Police Department. The terms, products and
services encompassed in this amendment are in accordance with the State of Maryland Contract
#060B2490022-2015 between Contractor and the State of Maryland.
PRICING:
Pricing for the Security Management Platform is referenced as Exhibit 1, “Contractor Check
Point Quotations,”and shall be in accordance with the State of Maryland Contract
#060B2490022-2015.
TERMS:
All terms and conditions shall apply in the contract between Contractor and the State of Maryland
Contract #060B2490022-2015, expiring November 14, 2028. The City, at its sole discretion,
may terminate or cancel all services provided by Contractor without notice or penalty.
All other provisions of the November 16, 2016 contract between Contactor and City, as currently
amended, that are not in conflict with this amendment will remain in full force and effect. If there
is any conflict between the two documents, this Amendment No. 4 will take precedence.
IN WITNESS WHEREOF, and as the duly authorized agent or representative of the
parties, the undersigned have caused this instrument to be signed on or before the day and year
first above written.
Compuquip Technologies, LLC:
By:________________________
________________________
(type name and title of signatory above)
22
ATTEST:CITY OF SOUTH MIAMI
By: ____________________________ By: _________________________
Nkenga A. Payne, CMC Shari Kamali
City Clerk City Manager
Read and Approved as to Form,
Language, Legality and Execution
Thereof.
By: _____________________________
Thomas F. Pepe
City Attorney
23
EXHIBIT 1
PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT &
SERVICES AS AMENDED
CONTRACTOR CHECK POINT QUOTATIONS
State of Maryland Contract #060B2490022-2015
24
RESOLUTION NO:228-16-14783
A Resolution authorizing the City Manager to purchase Check Point
firewall software appliance from Compuquip Technologies,LLC an
authorized reseller of Check Point LTD,through a piggyback with the
State of Maryland Contract No.060B2490022-2015.
WHEREAS,the City currently utilizes Barracuda firewall software that has been
analyzed by Miami-Dade County IT who have determined it will be in the City's interest
to transition to a new firewall protection software;and
WHEREAS,ITis recommending Check Point firewall software for the City which is
the same firewall software deployed throughout Miami-Dade County;and
WHEREAS,the selected firewall will be used to replace the current Barracuda
device and the Check Point firewall provides additional features not supported by the
Barracuda firewall and will also replace the Barracuda Content filter;and
WHEREAS,by installing Check Point the City will be on the same firewall
platform as the County and therefore will allow IT to effectively monitor cyber threats to
the City's network and sensitive data;and
WHEREAS,the purchase of Check Point firewall software will be through a
piggyback agreement from the State of Maryland Contract No.060B2490022-2015 for
Hardware and Associated Equipment &Services;and
WHEREAS,the State of Maryland Contract No.060B2490022-2015 was
competitively solicited through a process that meets or exceeds the City's competitive
solicitation process;and
WHEREAS,the cost for the Check Point firewall software will not exceed
$109,683 and will be charged to Account No.301-1340-513-6430.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA;
Section 1.The City Manager is authorized to purchase Check Point firewall
software appliance from Compuquip Technologies,LLC an authorized reseller of Check
Point LTD,through a piggyback with the State of Maryland Contract No.060B2490022-
2015 for an amount not to exceed $109,683.
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,this holding shall not affect the validity of the remaining portions of this
resolution.
Page 1 of2
25
Res.No.228-16-14783
Section 3. Effective Date:This resolution shall take effect immediately upon
enactment.
PASSED AND ADOPTED this J_5 day of November ,2016
ATTEST:
READ AN ORM,
CUTION
APPROVED:
MAYOR
COMMISSION VOTE:5-0
Mayor Stoddard:yea
Vice Mayor Welsh:yea
Commissioner Harris:yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Page 2 of2
26
wm;<South'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
From:
Date:
Subject:
Background:
The Honorable Mayor &Members of the City Commission
Steven Alexander,City Manager
November 15,2016 Agenda Item No.:
A Resolution authorizing the City Manager to purchase Check Point
firewall software appliance from Compuquip Technologies,LLC an
authorized reseller of Check Point LTD,through a piggyback with the
State of Maryland Contract No.060B2490022-2015.
The City currently utilizes Barracuda firewall appliance and software
which has been analyzed by the City's IT provider,Miami-Dade County IT.
IT has determined the current firewall does not provide sufficient
protection against cyber threats to the City's network and sensitive data.
The selected firewall will be used to replace the current Barracuda
appliance and software.The Checkpoint firewall provides additional
capacity for future growth and additional features not supported by the
Barracuda firewall and will also replace the Barracuda Content filter.
A brief summary of the additional security features within Check Point is
included below:
•Secure connectivity for remote end users (non PD)and business to
business connections.
•Capability to detect and stop communications of infected City
systems withcommand and control malware sites (Bot-Nets).
•Distributed Denial of Service protection.Protects the city's
network from excessive external network traffic designed to
disrupt City services.This will not protect the City's website which
is hosted externally to the City's network and is not protected by a
City administered firewall.
• Malware/Anti-virus protections for internet surfing and
downloads.
•Internet Content Filtering for City employees to prevent them
from accessing prohibited sites and sites hosting malware.
27
hhTMi:
CITY OF SOUTH MIAMI
C ^i i4-UVlV A\^rv^'i OFFICE OF THE CITY MANAGER
jOUtn iVl IdlTlI INTER-OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
By installing Check Point the City will be on the same firewall platform as
the County and therefore will allow IT to effectively monitor cyber threats
to the City's network and sensitive data.
The purchase will be made through a piggyback agreement with
Compuquip Technologies ILC,an authorized reseller of Check Point LTD,
through a State of Maryland agreement "Hardware and Associated
Equipment &Services:Contract No.060B2490022-2015.
Account:The expenditure of $109,683 shall be charged to the Capital Equipment
account number 301-1340-513-6430,which has a balance of $110,000
before this request was made.
Attachments:Resolution
Proposal,Check Point
Piggyback Agreement
28
CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT &SERVICES
TfflS AGREEMENT made and entered into this J£_day 0f November m2Q16 by
and between theCity of South Miami,a Florida municipal Corporation by and through itsCity
Manager (hereinafter referredto as "City")and Compuquip Technologies.LLC,anauthorized
reseller for Check Point,LTD and a vendor on the Hardware and Associated Equipment &
Services Contract through the State of Maryland Contract No,060B2490022-2015.
(hereinafter referred to as "Contractor"^.
WITNESSETH:
WHEREAS,the contract was competitively solicited by the State of Maryland
pursuant to RFO No,060B2490022-2015.and Contract No.060B2490022-2015 for
Hardware and Associated Equipment &Services,and after completing a competitive
bidding process, awardeda contract to Contractor;and
WHEREAS,the City of South Miami desiresto utilize the State of Maryland
Contract No,060B2490022-2015 for Hardware and Associated Equipment &Services
and pursuantto authority of the City of South Miami's Charter.
NOW,THEREFORE,the City andthe Contractor,eachthroughtheir authorized
representative/official,agree as follows:
1. The City desires to enter into a Contract,underthe sameterms and
conditionsas set forthinthe solicitationandthe agreementbetween the Contractorandthe
contract for Hardware and Associated Equipment &Services Contract from the State
of Maryland Contract No.060B2490022-2015,
2. The City hasreviewedthe contract andagreesto the terms andconditionsto
be applicable to a purchase order tobe issued bytheCity and further agrees tothe fair and
reasonableness ofthe pricing.Contractor hereby agrees to providesuchgoods and/or
services,pursuant totheCity's purchase order made during the term ofthis agreement,under
the same price(s),terms and conditions as found inthe solicitation documents and the
response tothe solicitation,pertinent copies of which are attached hereto asAttachmentA
and made a part hereofby reference,and the agreement and/or the award between the,acopy
of which,including any amendments and addendums thereto,is attached hereto and made a
part hereofby reference.
3.All references in the contractbetween the Contractorandthe State pf Florida
competitively solicited by theState of Maryland pursuant to RFONo.060B2490022-2015.
and Contract No,060B2490022-201S.for Hardware and Associated Equipment &
Services Contract:and the State of Maryland through RFO No,060B2490022-2015.and
Contract No,060B2490022-2015 andContractor,shallbe assumed to pertainto, andare
binding upon Contractor andtheCityof South Miami.All decisions that are to be made on
behalf ofthe between die Contractor andthe State of Florida competitively solicitedby the
State of Maryland pursuant to the Hardware and Associated Equipment &Services
Contract:and the State of Maryland through RFO No.060B2490022-2015.and Contract
No. 060B2490022-2015and its agreementwith Contractor,shallbe made by the City
Thomas F. Pcpc -01-11-16
Page 1 of6
I
29
Manager fortheCity of South Miami.Theterm ofthe contract,including allextensions
authorized bythe contract shall not exceed five years.Notwithstanding anything contained
in the ITNand Contract or the Hardware and Associated Equipment &Services
contract andthe State of Maryland through Contract No,060B2490022-2015 to the
contrary,this agreement shallbe governed by the laws of the State of Florida andvenue for
alldispute resolutions or litigation shallbe in Miami-Dade County,Florida.
4.Scope of Goodsand Services. The scope of goods and services are set forth
in the attached Attachment A.
5.Contract Price. The contractpriceforthe goodandservicesis set forthin
the attached Attachment B.If not otherwise set forth in the Hardware and Associated
Equipment &Services contract andthe State of Maryland through Contract No.
060B2490022-2015 Agreement/Contract the Contractor shallbe paidupon delivery of all
the goods,the completion of allthe servicesandafterfinalinspectionby the City that
approves ofthe goods delivered andthe work performed.
6.Grant Funding: This projectisbeingfundedN/A and Contractor agreesto
complywith allthe requirements ofthat Grant,applicable tothedelivery ofthe goodsand
services that are the subject ofthisAgreement,andthat are withinits powerto provideand
to provide all die documentation withinits control thatis required for the Citytobeableto
recoverthe contract price pursuant tothe terms of the grant.A copy of the grant is attached
heretoand made a part hereof by reference.
7) Public Records: CONTRACTOR and all of its subcontractors are required to
comply withthe public records law (s.l 19.0701)while providing goods and/or services onbehalf
oftheCITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph in
all of its subcontracts for this Project and shall:(a)Keep and maintain public records required by
the public agency to perform the service;(b)Upon request from the public agency's custodian of
public records,provide die public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time atacostthatdoesnotexceedthe cost
provided inthis chapter oras otherwise provided by law;(c)Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the Contract term and following completion of the
Contract if CONTRACTOR does not transfer the records to the public agency;and (d)Upon
completion of the Contract,transfer,at no cost,to the public agency all public records in
possession of CONTRACTOR or keep and maintain public records required by the public agency
to perform the service.If CONTRACTOR transfers all public records to the public agency upon
completion of the Contract,CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the public agency,upon request from the public
agency's custodian of public records,in a format that is compatible with the information
technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTORS
Thomas F.Pepe-01-11-16
Page 2 of6
2
30
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT,CONTACT THE
305-663-6340;E-mail:
South Miami,FL 33143.
8.Waiver Jury TriaH:City and Contractor knowingly,irrevocably voluntarily
and intentionally waiveany right either mayhavetoa trial byjury in State or Federal
Court proceedings in respect toany action,proceeding,lawsuit or counterclaim arising
out ofthe Contract Documentsorthe performance of theWork thereunder.
9.Validity of Executed Copies: This agreementmaybe executed in several
counterparts,each of which may be construed asan original.
10.Attorneys'Fees and Costs:Inthe event of any litigation between the parties
arising out of orrelatingin any way to this Agreementora breach thereof, eachpartyshall
bearitsown costsandlegalfees. Nothing contained herein shall preventor prohibit the right
to beindemnified forany attorneyfees incurred inthe defense of anactionby apersonor
entity who is not a partyto this Agreement.
11.Severability:If any term or provision of this Agreement orthe application
thereof to any personor circumstance shall,to any extent, be invalid or unenforceable, the
remainder of this Agreement, orthe application of suchterm orprovisionto personsor
circumstances other than those to which it is held invalid or unenforceable,shall not be
affected thereby and each term and provision ofthis Agreement shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF,andasthe duly authorized act of the parties,the undersigned
representatives of the partiesheretohave causedthis instrumentto be signed in their respective
namesby their properofficials on orbeforethe day and yearfirstabove written.
Compuquip Technologies,LLC
By:Sa^Iy*],
Ivan Rezvoy Director of Finance
(Type name and title of signatory above)
OF PUBLIC RECORDS AT
.gov;6130 Sunset Drive,
Nfiaria M.MefieniezrCMC
City Clerk
CITY OF SOUTETMiAMI
Thomas F.Pepe-01-11-16
Page3 of6
teven Alexander
lty Manager
31
Read and
Language,
Thei
Thomas F.Pepe^
City Attorney
Thomas F.Pepc-01-11-16
Page4 of6
32
ATTACHMENT A
CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT &SERVICES
State of Maryland and Compuquip Technologies,LLC
•Contract No.060B2490022-2015,SCOPE OF SERVICES &
•ACTION AGENDA,STATE OF MARYLAND
Thomas F.Pepe-01-11-16
33
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT)
Hardware and AssociatedEquipmentandServices
060B2490022-2015
THIS CONTRACT (the "Contract")is made this 2JT day ofZu&bf 20 K%y and between
Compuquip Technologies and, on behalf ofthe STATE OF MARYLAND,the MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT).
IN CONSIDERATION ofthe following,the parties agreeasfollows:
1.Definitions
In this Contract,the following words havethe meanings indicated.
1.1."COMAR"meansthe Code of Maryland Regulations.
L2.Contract"meansthis contract for Hardware and Associated Equipment andServicesandrelated
installation,training,and maintenance services.Exceptas otherwise provided,any reference to
the Contract shallbedeemedto include reference to a Purchase Order(PO).
1.3."ContractManager"meansthe individual identifiedinSection 1.6 oftheRequest for Proposals
(RFP),orasuccessor designated by the Department.
1.4."Contractor"means compuquip Technologies,llc whose principal business address is:
2894 MW 79th ave«,Doral FL 33122 .
1.5."Department"meansthe Department of Information Technology (DoIT).
1.6."eMM"means eMaryland Marketplace.
1.7."Financial Proposal"means the Contractor's financial proposal dated 02/19/16.
1.8."Hardware andAssociatedEquipmentandServices"meansthose services describedin Section2
ofthe RFP.
1.9."Installation"means transferring manufacturer's electronic media to computer systems so that the
Hardware and Associated Equipment andServices will provide the features and functions
generally described in the user documentation.
1.10."Minority Business Enterprise"(MBE)means an entity meeting the definition at COMAR 21.0
1.02.01B(54),which is certified bythe Maryland Department of Transportation under COMAR
21.11.03.
1.11."Procurement Officer"meansthe person identifiedinSection 1.5 of theRFPora successor
designated by theDepartment
1.12."Proposal"means,as appropriate,either or both theContractor's Technical orFinancial Proposal.
1.13."Purchase Order"or"PO"means the authorization for Contractor to proceed with delivery of
products and/or anyservices requested viaa PORFP,
1.14."PORFP"means Purchase OrderRequestfor Quotation.
1.15.<cRequesting Agency"means the unit of the State government issuing the PORFP.j
1.16."RFP"means the Request for Proposals for Hardware and Associated Equipment and Services
No.060B2490022-2015 and any amendments thereto issued in writing bythe State.
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1.17."Sensitive Data"meansany personally identifiable information (PU),protected health
information(PHI) orother private/confidentialdata.
1.18. "Software"meanstheobjectcodeversionofcomputerprogramslicensedpursuantto this
Contract Embeddedcode,firmware,internal code,microcode,and anyothertermreferringto
softwarethat is necessaryfor proper operationis included In this definition of Software.
Software includes all prior, current, and futureversions of the Software and all maintenance
updatesanderror corrections."Software"alsoincludesanyupgrades,updates,bugfixesor
modifiedversionsor backupcopies of theSoftwarelicensedtothe Stateby Contractoror an
authorized distributor.
1.19."State"means the State ofMaryland.
1.20."Technical Proposal" means the Contractor's technical proposal dated .
1.21.Capitalized terms not definedherein shall beascribedthe meaning given to them in the RFP.
2.Scope of Contract
2.1. The Contractorshall provide Hardware andAssociated Equipmentand Services,installation
and/or training,and/or manufacturer's extendedwarranty, asdescribed in a PORFPorPO, in the
followingfunctionalarea(s):
FA 3 -Network Communications Equipment
FA 4 -Installation &Training Services
2.2.These products and services shallbe provided in accordance withthe terms and conditions ofthis
Contractandthe following Exhibits,whichareattachedand incorporated hereinby reference.If
thereareany inconsistencies between this Contract andthe accompanying Exhibits,thetermsof
thisContractshallcontrol.If thereis anyconflictamongtheExhibits,the following order of
precedence shall apply:
Exhibit A-The RFP
Exhibit B- The Contract Affidavit dated Q6/21/2016
Exhibit C -The Technical Proposal.
Exhibit D -The Financial Proposal
2.3 A PORFP mayspecify terms in addition tothe terms specified herein,including warranties,
deliverables,andacceptance test requirements.PORFPs,POs and Reference BPOs maynot limit
theState'srights as provided by law,in this Contract,orintheRFPandmaynot change the
termsof,or conflictwith,this Contractoranyof its Exhibits.
3.Period of Performance
3.1.The Contract shallbefora period of12 years beginning July 5,2016 and ending onNovember
14,2028.
3.2.Audit,confidentiality,document retention,patents,copyright,intellectual property,warranty,and
indemnification obligations underthis Contract andanyother obligations specifically identified
shall surviveexpiration or termination oftheContract.
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4.Consideration and Payment
4.L In consideration ofthe satisfactory performance of the Contractand any PORFP and/or PO, the
Statewill promptlyprocessa properinvoicefor paymentinaccordancewiththeterms of this
Contract.
4.2. Thetotal payment forproducts and servicesprovided underafixed price PO or the fixed price
element ofa combinedfixedprice- timeandmaterialsPO,shallbe the firmfixedprice
submittedby the Contractor in itsquotationor proposal submitted in response toa PORFP,
regardless of the actual cost to the Contractor.
4.3. POsthatincludeatimeandmaterialselementshall include a not-to-exceed (NTE)ceilingfor
payments.For timeand materialsPO, orPOs whichincludebothfixed priceandtime and
materialselements,totalpaymentstotheContractorforthetimeand materialsportionmaynot
exceed the identified PONTE amount.The Contractor shall notifythe Contract Manager,in
writing,at least60daysbeforetimeandmaterial obligations areexpectedtoreachthe PONTE
Amount.TheContractorshallhaveno obligation to perform thetime andmaterials requirements
underthisContractafterpaymentsreachthePONTEAmountThe cessationofthe Contractor's
obligation to perform underthis paragraph 4.3is expressly conditioned onthe following:that
priortothePONTEAmount beingreached,the Contractor shall:(i)givethe notice required
underthis paragraph 4.3;(ii)promptly consult withthe Requesting Agency and cooperate ingood
faithwithfee Requesting Agencyto establish aplanof action toassurethatevery reasonable
efforthasbeen undertaken bythe Contractor to complete critical workin progress priortothe
datethePONTE Amount willbe reached;and(iii)secure databases,systems,platformB and/or
applications on which the Contractor is working sothatno damage or vulnerabilities toanyofthe
samewillexistduetoanysuch unfinished work.Anywork performed bythe Contractor in
excess ofPONTEamount without thepriorwritten approval ofthe Contract Manager isatthe
Contractor'sriskof non-payment.
4.4.Invoices shall be submitted as specified ina PORFP.Invoices that contain both fixed price and
timeand material items must clearly identify the items as either fixedpriceortimeand material
billing.Each invoicemust include the Contractor's FederalTaxIdentification Number: 59-
2189948.The Contractor's eMM identification number is 00029904.Payments tothe Contractor
pursuant tothisContract shall be made nolaterthan 30 days after the Requesting Agency's
receipt ofa proper invoice from the Contractor.Charges for late payment of invoices other than
as prescribed byTitle15,Subtitle 1,oftheStateFinance and Procurement Article,Annotated
Code of Maryland,as from time-to-time amended,are prohibited.The final payment under a
PORFP will notbemade until after certification is received from the Comptroller ofthe State that
all taxes havebeen paid.
4.5.In addition to any other available remedies,if,in the opinion offee Procurement Officer,the
Contractor fails to perform ina satisfactory and timely manner,then Contractor willbe notified
andprovideda timespecifiedby the Stateto cure the breach.Iffee breachis notcured withinthe
time specified within the notification,the Procurement Officer may refuse or limit approval of
any invoice for payment,andmaycause payments tofee Contractor to bereducedor withheld
until such time as the Contractor meets performance standards as established bythe Procurement
Officer.
4.6.PORFPs may specify periodic payments based on deUverables or stages of completion.A
PORFP may further specify thata portion offee payments due willbe withheld until completion
ofthePO.The amount withheld from each payment shall be paid tothe Contractor within thirty
(30)days ofthe State's acceptance of all deliverables required under thePO and receipt from the
Contractor ofa release ina form prescribed bytheState for any claims arising outofor related to
the PORFP.
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4.7.Payment of aninvoiceby the Stateisnotevidencethat services were rendered as required under
this Contractorany applicable PORFP.
5.Patents,Copyrights,Intellectual Property
5.1.If the Contractor furnishes any design,device,material,process,orotheritem,whichiscovered
by apatentorcopyright,orwhichis proprietary tooratradesecret of another,the Contractor
shallobtainthe necessarypermissionorlicenseto permitthe Stateto use such item oritems.
5.2.Except as provided in Section 5.4 of this Contract,the Contractor agreesthat all documents and
materials,includingbutnot limitedto,reports,drawings,studies,specifications,estimates,tests,
maps, photographs, designs, software, graphics,mechanical, artwork, computations anddata
prepared by or forthe Contractor for purposes of thisContract("Work Product")shallbecome
andremainthe sole and exclusive property of the Stateand shallbe availableto the Stateatany
time. The State shall have fee rightto usethe same without restrictionandwithout compensation
to fee Contractorotherthan thatspecifically providedby this Contract.
5.3. Except as providedin Section 5.4 of this Contract,theContractoragreesthatatall times during
the term of this Contract and thereafter,Work Product shall be "works made for hire" as feat term
is interpretedunderU.S. copyrightlaw andshallbe owned by the State.Ownership includes fee
rightto copyright, patent,register,andfeeabilityto transfertheserightsandallinformationused
to formulate such Work Product. In the event any Work Product is or may not be considered a
work made forhireunder applicable law,Contractor assignsandtransfersto the Statetheentire
right,title,and interest in andto allrightsin feeWork Product andany registrations and
copyrightapplications relatingthereto andany renewals andextensions thereof.Contractor shall
execute alldocuments andperformsuchotherproperactsas the Statemay deem necessaryto
secure forit the rights pursuantto this section.
5.4. Notwithstandinganything to fee contrary inthis Contract,to feeextent (i) feeWork Product
incorporates any commercial-off-the shelf software (COTS)and/or any Pre-Existing Intellectual
Property or(ii)anyCOTS and/or Pre-Existing Intellectual Property (other thana computer's
operating system,supported internet browser,browser accessibility software or hardware if
needed by fee user,and software required to access a commonly-available data transmission tool
or export format)is required to access,install,build,compile or otherwise usetheWork Product
(such COTSandPre-Existing Intellectual Property individually and collectively referred to herein
as "Third-party Intellectual Property,"which shall bethesole property of Contractor orits third-
party licensors,as applicable),Contractor hereby grants tothe State,onbehalfof itselfand any
third-party licensors,a royalty-free,paid-up,non-exclusive,unrestricted,unconditional,
irrevocable,worldwiderightand license,withtherighttouse,execute,reproduce,display,
perform,distribute copies of internally,modify and prepare derivative works based upon,such
Third-party Intellectual Property asmaybe necessary for the State tousefeeWork Product for
fee purposes for which such Work Product was designed and intended."Pre-Existing Intellectual
Property5'means anyprogram,utility ortool owned by Contractor orits third-party licensors that
was created by Contractor orits third-party licensors independently from its performance ofthis
Contract andnot solely using fundsfromthis Contract.
5.5.Subject totheterms of Section 6,Contractor shall defend,indemnify,and hold harmless fee
State,including,butnot limited to,the Department or Requesting Agencyandits agents,officers,
and employees,from and against any and all claims,costs,losses,damages,liabilities,judgments
andexpenses (including without limitation reasonable attorneys'fees)arising outoforin
connectionwith anyclaimtheWork Product orany Third-party Intellectual Property infringes,
misappropriates or otherwise violates any Third-party Intellectual Property rights.Contractor
shall notenterintoany settlement involvingthird party claims that contains any admission of or
stipulation toany guilt,fault,liability orwrongdoing bythe State orthat adversely affects the
State's rights or interests,without the State's prior written consent,which consent maybe
37
withheld in fee State's sole and absolute discretion.
5.6. Except ifContractor has pre-existingknowledge of such infringement,Contractor'sobligations
underthis sectionwill not applytothe extent anyThird-partyIntellectual Propertyinfringes,
misappropriates orotherwise violatesany thirdpartyintellectualrightsasaresult of
modifications made by fee State in violation ofthe license granted to fee State pursuant toSection
5.4;providedthatsuch infringement,misappropriation orviolationwould not have occurred
absent such modification.
5.7.Without limitingContractor's obligationsunderSection 5.5,if all orany part ofthe Work
Product oranyThird Party Intellectual Property isheld,or Contractor orthe State reasonably
determines feat it couldbeheld,to infringe,misappropriate or otherwise violateanythirdparty
intellectualpropertyright,Contractor (after consultation wife fee Stateandatno cost tothe
State):(a)shall procure forthe Statethe rightto continue usingtheitemorservicein accordance
wife itsrightsunderthis Contract;(b)replace feeitemorservicewife anitem thatdoesnot
infringe,misappropriate or otherwise violateany third party intellectual property rights and,in
fee State's soleandabsolute determination,complieswiththe item's specifications asdefinedin
this Contract,andallrights of use and/or ownership set forth in this Contract;or(c)modify the
itemor service sothatitno longer infringes,misappropriates or otherwise violates anythirdparty
intellectual property right and,inthe State's sole and absolute determination,complies withthe
item's specifications and all rights ofuse and/or ownership set forth inthisContract
5.8. Except for anyPre-Existing Intellectual Property andThird-Party Intellectual Property,
Contractor shall not acquire any right,title,or interest (including any intellectual property rights
subsisting therein)inortoany goods,Software,technical information,specifications,drawings,
records,documentation,data oranyothermaterials (including any derivative works thereof)
provided by fee State to fee Contractor.Notwithstanding anything to the contrary herein,fee State
may,inits sole and absolute discretion,grant the Contractor a license to such materials,subject to
the terms of a PORFP executed bythe Contractor and an authorized representative of the State.
5.9.Wifeoutlimiting fee generaHty ofthe foregoing,neifeer Contractornor any of its subcontractors
shall useany Software or technology ina manner that will cause any patents,copyrights,or other
intellectual property which are owned orcontrolled by fee State orany ofits affiliates (or for
which the State orany ofits subcontractors has received license rights)to become subject to any
encumbrance or terms and conditions ofanythird-party or open source license (including,
without limitation,anyopen source license listed on
http://www.opensource.org/licenses/alphabetical)(each an "Open Source License").These
restrictions,limitations,exclusions and conditions shall apply even if fee State orany ofits
subcontractors becomes aware ofor fails to act ina manner to address any violation or failure to
complytherewith.Noactby fee State oranyofits subcontractors that is undertaken under this
Contract as to any Software ortechnology shall be construed as intending to cause any patents,
copyrights orother intellectual property that are owned orcontrolled bythe State (or for which
fee State has received license rights)to become subject toanyencumbrance or terms and
conditions ofany Open Source License.
5.10.The Contractor shall report to fee Department or Requesting Agency,promptly and in written
detail,each notice or claim of copyright infringement received by fee Contractor with respect to
all Work Product delivered under this Contract.
5.1L This Section 5shallsurvive expiration or termination ofthis Contract.
6.Indemnification
6.1.In addition to Contractor's indemnification obUgations described in Section 5,Contractor shall
indemnify,defend,and hold fee State,its directors,officers,employees and agents harmless from
liability for fee following conduct arising from or relating to the performance ofthe Contractor or
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38
its subcontractors under this Contract:(a)tangible property damage,bodily injury and death,to
theextentcausedby or contributedto by Contractor or its subcontractors and(b)fraudorwillful
misconduct of Contractor or its subcontractors.Such indemnification shah include all related
defensecosts and expensesattributabletofeeclaims of thirdparties, including,butnot limited to,
reasonable attorneys' feesandcosts of investigation,Utigation,settlement,judgments,interest
and penalties.
6.2 UponfeeState's requestof indemnification underSection5 or6,Contractorshallbe entitledto
controlfee defense or settlement of feerelevantclaimwithcounselreasonably satisfactorytofee
State. The State will: (a) provide reasonable cooperation to Contractor in connection wife the
defense or settlement of the claim, at Contractor's expense; and (b) be entitled to participate in
fee defense ofthe claim, at itsown expense.
6.3. The State has no obligation to provide legal counsel or defenseto the Contractor or its
subcontractorsin the event thata suit, claimoractionof anycharacteris broughtby any person
not party to this Contract against the Contractoror its subcontractors as a result of or relating to
the Contractor's obligations under this Contract
6.4. The Statehas no obligationfor fee payment of anyjudgments or fee settlement of any claims
againstthe Contractor or its subcontractors asa result oforrelating to fee Contractor'sobligations
under this Contract.
6.5. To fee extentpermitted by applicable law,theContractorshallimmediately notify the
Procurement Officer of any claim or suitmade or filed againstfee Contractor or its
subcontractors regardinganymatter resulting fromorrelatingtofeeContractor's obligations
underfee Contract, andwill cooperate,assist,andconsultwiththe State infee defenseor
investigation of anythirdpartyclaim,suit,oractionmade orfiledagainstfeeStateasa resultof
or relating to the Contractor's performance underthis Contract.
6.6. This Section6 shall survive expirationorterminationof this Contract
7-Limitations of Liability
Contractor shallbe liableforany lossor damage to theStateoccasionedby the actsor omissions
of Contractor,its subcontractors,agents or employees,including but notlimitedto personal
injury;physical loss;or violations of the Patents,Copyrights,Intellectual Property sections of this
Contract,as follows:
7.1.For infringement of patents,trademarks,trade secrets and copyrights as provided in
Section5 ("Patents,Copyrights,Intellectual Property")ofthis Contract;
7.2. Wifeout limitation,for damages forbodilyinjury(includingdeath)anddamageto
realpropertyandtangible personal property;and
7.3. Forall otherclaims,damages,loss,costs,expenses,suits,or actionsinanyway
relatedtothisContract where liability isnot otherwise set forthasbeing"wifeout
limitation,"and regardless offee basis on which theclaimis made,Contractor's
liability shall not exceed one (1)time the total amount ofthe PORFP outof which the
claimarises;provided however,theStatemay,initssole discretion,decrease fee
ceiling established hereunder in any PORFP issued pursuant tothis RFP.Third-party
claims arising under Section 6 ("Indemnification")ofthis Contract are included in
this limitationofliabilityonlyiftheStateis immune from UabiUty.Contractor's
liability for third-party claims arising under Section 6ofthis Contract shallbe
unlimitediftheState is not immune from UabiUty forclaims arisingunderSection6.
7.4. Inno eventshallthe existence ofa subcontract operateto releaseorreducethe
UabiUty of Contractor hereunder.For purposes ofthis Contract,Contractor agrees
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39
that all Subcontractors shall be held to be agents of Contractor.
8.Prompt Pay Requirements
8.1. If fee Contractorwithholds paymentof an undisputed amountto its subcontractor,the State,at its
optionand in itssole discretion,may takeoneormoreof thefollowingactions:
(a)Notprocessfurther payments to the Contractor until payment tofee subcontractor isverified;
(b) Suspendall or some of the Contractworkwifeoutaffectingfee completiondate(s) for fee
Contract work;
(c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise
due or feat may become due to the Contractor;
(d) Placea paymentforanundisputed amount inan interest-bearing escrow account;
(e) DefaultContractorforfailingto performinaccordancewithfeerequirementto promptly pay
subcontractors;or
(f) Takeotheror further actionsas appropriateto resolvethe withheld payment
8.2. An "undisputedamount" means an amountowedby the Contractorto a subcontractor for which
thereisno goodfaith dispute.Such "undisputed amounts"include(a) retainagewhichhadbeen
withheldand is,by theterms of the agreement betweenfeeContractorandsubcontractor,dueto
be distributed tothe subcontractor and(b)anamountwithheld because ofissuesarisingoutofan
agreement or occurrenceunrelated to fee agreementunderwhich fee amount iswithheld.
8.3. Anact,failuretoact,or decision ofa Procurement Officerora representative offee Department
or Requesting Agency concerning a withheld paymentbetween the Contractor and subcontractor
under thisContract, may not:
(a)Affect therightsofthe contracting parties underanyotherprovision oflaw;
(b)Be used as evidence onthe merits ofa dispute between fee Department or Requesting Agency
andtheContractorinanyother proceeding;or
(c)Result in UabiUty against or prejudice the rights of the Department or Requesting Agency.
8.4 The remedies enumerated above arein addition tothose provided under COMAR 21.11.03.13
with respect to subcontractors that have contracted pursuant tothe Minority Business Enterprise
program.
9.Risk of Loss;Transfer of Title
Risk of loss for conforming suppUes,equipment and materials specified as deUverables to fee State
hereunder shallremain withthe Contractor until fee supplies,equipment,materials andother
deliverables are received and accepted by fee State,Title ofall such deUverables passes tothe State
upon acceptance by the State.
10*Source Code Escrow
SourceCodeEscrowis notrequiredfor this Contract.
11.Loss of Data
Infee event oflossofany State dataor records where such loss isduetothe intentional act,omission,
or negUgence ofthe Contractor oranyofits subcontractors or agents,the Contractor shallbe
responsible for recreating such lostdata inthemanner and onthe schedule setbythe Contract
Manager.The Contractor shaU ensure thatall data is backed up and is recoverable bythe Contractor.
In accordance with prevailing federal or state law or regulations,the Contractor shaU report the loss
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40
ofnon-pubUc data as directed in Section 16.17.
12*Markings
TheContractorshall notaffix (orpermit anythirdparty to affix),withoutfee Departmentor
Requesting Agency's consent,any restrictive markings uponanyWorkProductand ifsuchmarkings
are affixed,theDepartmentor Requesting Agency shallhavetherightat anytimeto modify,remove,
obUterate,or ignore such warnings.
13.Exclusive Use and Ownership
ContractorshaUnot use, sell,sub-lease, assign,give,orotherwisetransfer to any thirdparty anyofeer
informationor material providedto Contractorbyfee Departmentor Requesting Agency or
developedby Contractorrelatingto fee Contract,exceptfeatContractormay providesaid information
to any of its officers, employeesand subcontractorswho Contractorrequires tohave said information
forfulfillment of Contractor'sobligations hereunder.Each officer,employee and/orsubcontractorto
whom any of fee Departmentor Requesting Agency'sconfidentialinformation is to be disclosedshaU
beadvisedbyContractorofandboundbyfee confidentiality and inteUectual propertytermsofthis
Contract.
14.Notification of Legal Requests
The Contractor shall contact the State upon receipt of any electronic discovery,litigation holds,
discovery searches and expert testimonies related to the State's data under this Contract, or which in
any waymightreasonablyrequireaccessto thedataoffee State,unless prohibitedby law from
providingsuchnotice. TheContractorshallnotrespondtosubpoenas,service ofprocessand other
legalrequestsrelated to the Statewithout firstnotifyingthe State,unless prohibited by law from
providingsuchnotice.
15.Effect of Contractor Bankruptcy
AU rights and licenses granted by the Contractorunderthis Contractare arid shall be deemed to be
rights and Ucensesto "intellectual property," andthe subject matter of this Contract, including
services, isand shall be deemedto be "embodiments of intellectual property"for purposes ofand as
such termsare used and interpretedunder §365(n)of the UnitedStatesBankruptcy Code ("Code")
(11 U.S.C.§365(n)(2010)).The Statehastherightto exerciseall rights andelectionsunderthe
Codeand all ofeerapplicablebankruptcy,insolvency and similarlaws with respect tothisContract
(including aU executorystatement of works).Without limitingthe generaUty of the foregoing,iffee
Contractoror its estate becomessubject to anybankruptcyor similarproceeding: (a) subject to fee
State's rightsof election,allrightsand licenses grantedtotheStateunder thisContractshallcontinue
subjecttothe respective termsand conditions ofthis Contract;and(b)theStateshallbeentitledtoa
complete dupUcate of (or complete accessto,as appropriate)all suchintellectualpropertyand
embodiments of inteUectual property,andthe same,ifnot alreadyin the State's possession,shaU be
promptly delivered tothe State,unlessthe Contractor elects toanddoesinfact continue to perform
all of its obUgations under this Contract.
16.Confidentiality
SubjecttotheMarylandPublicInformationActandanyotherapplicablelaws,aU confidential or
proprietary information and documentation relating toeitherparty (including without limitation,any
informationordata storedwithinfee Contractor'scomputersystems)shaUbe held in absolute
confidenceby fee other party. Each party shaU,however,bepermitted to disclose relevant
confidential informationto itsofficers,agentsand employees to theextent thatsuch disclosureis
necessaryfor theperformanceoftheir dutiesunderthisContract,providedthedatamaybe collected,
used, disclosed,stored and disseminatedonlyas providedby andconsistent with fee law. The
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41
provisions ofthis sectionshallnot apply to information that(a)is lawfuUy inthepublic domain;(b)
has been independently develop
already in the possession ofsuchparty;(d)wassupplied to such party bya third partylawfuUy in
possession thereofand lejgaUy peririitted to further diisclosethe irrformation;or(e)whichsuchpartyis
required to disclose bylaw.This Section shall survive expiration or termination of fee Contract.
17.Parent Company Guarantee K^il^ili^
._...b^r*y guarantees absolutely fee full,prompt an^
0"ofall theterms,conditions and Obligations cpntaiiied in this Contract,performance by
asitmaybe amended from time to,time,including ahy and aU exhibits thatare nowormay become
incorporated hereunto,and other obUgations of every nature and kindfeat now ormayin the future
arise out of or in connectionwith this Contract;including any arid all finanpial cdmrnitm,entSi
nhiioAtions and liflhUities.'-'M^Mfrtii^fe^^mav not transfer this absolobligationsandliabilities.1may not fransfer this absolute
guaranty to anyother person orentity Withouttheprior expresswrittenapproval of fee State,which
approval fee iState rnay fflant^ifehotdj or qualify in its sole and absolute subjective discretion.
wfetfttiffi^^feattfthe State brings any claim,action,suit
or proceeding against 'IJBKil^^may be named as a
party,in its capacityas Absolute(foar^uitor.
18.General Terms and Conditions
Unless ofeerwise noted,fee Generiai Terms andConditions airei mandatory ContractTerms andcannot
and wiU not be revised.
18.1.Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Financeand Procurement
Article,Annotated Code ofMaryland,fee regulations setforthinTitle 21 of the Code of
Maryland Regulations (COMAR 21)in effect onfee date of execution ofthis Contract are
applicable tothis Contract.
18.2.Maryland Law Prevails
Thi$Contract shall be construed,interpreted,and enforced according tofeelaws of the State
ofMaryland.The Maryland Uniform Computer Information Transactions Act (Commercial
LawArticle^Title 22of fee Annotated Code of Maryland)does not apply to this Contract,fee
Software,orany Software Ucense acquired hereunder.Any andall references to the
Annotated Code 6f Marylandcontainedin this Contractshallbe construedto refer to such
Code sections as from time to time amended.
18.3.Multi-year Contracts Contingent Upon Appropriations
Ifthe General Assembly fails to appropriate funds or if fundsarenot otherwise made
available for continued performance foranyfiscal period ofthis Contract succeeding fee first
fiscal period,this Contract shall be canceled autbmaticaUy asofthe beg^imihg ofthe fiscal
yearforwhich funds werenot appropriated or otherwise madeavailable;provided,however,
thatthiswillnotaffecteitherthe State'srights or fee Contractor's rights under any
termination clausein this Contract.The effect of termination of fee Contracthereunder wiU
beto discharge bothfee Contractor and the State of Maryland from future performance ofthe
Contract,but not frpin their tights and obUgations existingat feetime of termination.The
Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred
butnot amortized in fee price pfthe Contract The State shall notify the Contractor as soon as
ithas knowledge that funds may hotbe available forthe continuation ofthisContact for
each succeeding fiscal periodbeyondthe first.
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42
18.4.Cost and Price Certification
The Contractor,by submittingcostorpriceinformationcertifies feat,to thebest of its
knowledge, feeinformationsubmittedis accurate,complete,andcurrentas of amutually
determinedspecifieddatepriorto theconclusion of any pricediscussionsor negotiations.
The priceunderthis Contract (including anyPO)andanychangeorderormodification
hereunder,includingprofitor fee,shallbe adjustedto exclude any significantprice increases
occurringbecause the Contractor furnished cost orpriceinformation which, as of fee date
agreed uponbetweenthe parties,was inaccurate,incomplete,ornot current.
18.5.Contract Modifications
The ProcurementOfficer may, atanytime,by writtenorder,make changesin fee work
within the generalscope ofthe Contractora PO.No otherorder, statement orconduct of fee
Procurement Officer or any ofeer personshaUbe treatedasa change or entitle fee Contractor
to an equitable adjustment under this section. Except as otherwise provided in this Contract,
if any changeunderthis section causesanincreaseordecreasein fee Contractor's cost of, or
thetime required for,the performance of any part of feework, anequitableadjustmentin fee
Contractprice shaU be made andtheContractmodified in writing accordingly.Pursuantto
COMAR 21.10.04,fee Contractormust assertinwriting itsright to anadjustment underthis
section andshallinclude awritten statementsetting forthfee natureand cost of such claim.
No claimby the Contractor shallbeallowedif asserted afterfinalpaymentunderthis
Contract.Failure toagreeto anadjustmentunderthis sectionshallbe a disputeunder Section
18.8,Disputes.NothinginthissectionshaU excusethe Contractor from proceeding with the
Contract as changed.
18.6.Termination for Default
If fee Contractor fails to fulfill its obUgations underthisContractproperlyandontime, or
ofeerwiseviolates any provision of fee Contract,feeStatemay terminate fee Contract by
writtennoticetothe Contractor.The notice shaU specifythe actsoromissionsrelieduponas
causefor termination.All finished orunfinishedworkprovidedby the Contractor shaU,atfee
State's option,become fee State's property.The State of Maryland shaU payfee Contractor
fair andequitable compensation for satisfactory performance prior to receipt of notice of
termination,lessfeeamount of damages causedby the Contractor's breach.Ifthe damages
are more than fee compensation payable tothe Contractor,the Contractor will remain liable
aftertermination andfee Statecan affirmatively collectdamages.Termination hereunder,
including thetermination ofthe rights and obligations ofthe parties,shall be governed bythe
provisions ofCOMAR 21.07.01.1 IB.
18.7.Termination for Convenience
The performance of work under this Contract may beterminated by the State in accordance
withthis clause inwhole,orfromtimetotimein part,wheneverfee State shall determine feat
suchterminationis inthe best interest ofthe State.The Statewill pay aU reasonablecosts
associated withthis Contract thatthe Contractor has incurred upto the date oftermination,
and all reasonable costs associated with termination of fee Contract.However,the Contractor
shall notbe reimbursed for any anticipatory profits that havenotbeen earned uptothe date of
termination.Termination hereunder,including the determination of fee rights and obUgations
of fee parties,shall be governed by fee provisions of COMAR 21.07.01.12A(2).
18.8.Disputes
This Contract shall be subject tothe provisions ofTitle 15,Subtitle 2,ofthe State Finance
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and Procurement Article of feeAnnotatedCode ofMaryland,asfromtime to time amended,
and COMAR 21,10 (Administrativeand CivU Remedies).Pendingresolution of aclaim,the
Contractor shallproceeddiUgently with fee performance ofthe Contractin accordance with
fee Procurement Officers decision.Unless a lesser periodis provided by applicable statute,
regulation,orthe Contract,feeContractormust file awritten notice of claim with the
Procurement Officer within30daysafterfeebasisfortheclaimisknown orshouldhave
been known, whichever is eariier.Contemporaneously with orwithin 30 days of fee filing of
anotice ofclaim,but no laterthanfee date of final paymentunderthe Contract,the
Contractormust submit to fee ProcurementOfficer its written claim containingthe
information specified in COMAR 21.10.04.02.
18.9.Living Wage
If a Contractor subjectto the LivingWage law failsto submit allrecordsrequiredunder
COMAR 21.11.10.05 to theCommissioner ofLaborandIndustryatthe Department of Labor,
LicensingandRegulation,theDepartmentorRequesting Agency may withhold payment of
any invoiceor retainage.The Department orRequestingAgencymay require certification
fromthe Commissionerona quarterly basisthatsuch records wereproperlysubmitted.
18.10.Non-Hiring of Employees
No official oremployee of fee State ofMaryland,asdefined underGeneralProvisions
Article,§5-101,AnnotatedCodeof Maryland,whosedutiesassuchofficialor employee
include matters relating toor affecting thesubjectmatterofthis Contract,shaU during the
pendency and term ofthis Contract andwhile serving asanofficialor employee ofthe State
becomeorbean employee of fee Contractor oranyentitythatisa subcontractor onthis
Contract.
18.11.Nondiscriminationin Employment
The Contractor agrees:(a)notto discriminate in any manner against anemployee or
applicant foremployment because ofrace,color,religion,creed,age,sex,marital status,
national origin,sexual orientation,sexual identity,ancestry,ordisabiUty ofa qualified person
wifea disabiUty,sexual orientation,oranyotherwise unlawful useof characteristics;(b)to
include a provision similar to feat contained in subsection (a),above,inanyunderlying
subcontract except a subcontract for standard commercial supplies or raw materials;and (c)
to post and to cause subcontractors to post in conspicuous places available to employees and
applicants for employment,notices setting forth fee substance ofthis clause.
18.12.Commercial Non-Discrimination
18.12.1.Asa condition of entering into this Contract,Contractor represents and warrants that
it wiU comply with the State's Commercial Nondiscrimination PoUcy,as described
under Title 19 of fee State Financeand ProcurementArticle of the Annotated Code
of Maryland.As part of such compUance,Contractor maynot fescriminate onthe
basis of race,color,reUgion,ancestry,national origin,sex,age,marital status,sexual
orientation,sexual identity,disability,or other unlawful forms ofdiscrimination in
fee solicitation,selection,hiring,orcommercial treatment of subcontractors,vendors,
suppliers,orcommercial customers,nor shall Contractor retaUate against any person
for reporting instances of such discrimination.Contractor shaU provide equal
opportunity for subcontractors,vendors,and suppUers to participate in all of its
public sector and private sector subcontracting and supply opportunities,provided
that this clause does not prohibit orlimitlawful efforts to remedy the effects of
marketplace discrimination that have occurred or are occurring in the marketplace.
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Contractor understands that a material violation of this clause shall be considered a
materialbreach of this Agreementandmayresult interminationof thisContract,
disquaUfication of Contractor from participating inState contracts,or ofeer sanctions.
Thisclauseis not enforceable by orforthebenefitof, andcreatesno obligation to,
any third party.
18.12.2.Asa conditionofenteringinto feis Contract,uponfeerequest of fee Commission on
CivilRights,andonlyafterfeefilingofacomplaintagainstContractorunderTitle 19
of feeStateFinanceand Procurement Articleof fee Annotated Codeof Maryland,as
amendedfrom timeto time, Contractoragreesto providewithin60 days afterthe
request a complete Ust ofthe names of aUsubcontractors, vendors, and suppUers that
Contractor hasused in thepast four (4) yearson any of its contracts feat were
undertakenwithinfeeStateof Maryland,includingthe totaldoUaramountpaidby
Contractor on each subcontract or supply contract,Contractor further agrees to
cooperateinany investigationconductedbythe Statepursuantto fee State's
Commercial Nonfescrimination Policy as set forth under Title 19 of the State Finance
and Procurement Article of fee Annotated Code ofMaryland, and to provide any
documents relevant to any investigation that are requested by fee State. Contractor
understands feat violation of this clause isa material breach of this Contract and may
result in Contract termination,disqualificationby the State fromparticipating inState
contracts,and ofeer sanctions.
18.13.Subcontracting and Assignment
The Contractormay not subcontractanyportionoffee productsor services providedunder
this Contractwifeout obtaining fee prior written approval offee Procurement Officer, nor
may fee ContractorassignthisContractor anyofits rightsor obligationshereunder,wifeout
feeprior writtenapprovalof the State.Anysuchapprovals shaU be at fee State's soleand
absolute discretion.Any such subcontract or assignmentshall includethe terms of this
Contractandanyothertermsand conditions thattheStatedeemsnecessaryto protectits
interests.TheState shaU notbe responsible forthefulfillmentoftheContractor's obUgations
to any subcontractors.
18.14.Minority Business Enterprise Participation
18.14.1.Establishment of Goal and Subgoals.
MBE subcontractor participation goaland subgoals havebeen established forthis
procurement as described in section 1.24offee RFP.
18.14.2.Liquidated Damages
18.14.2.1.This Contract requires fee Contractor tomake good faith efforts to comply with
feeMBEProgramandContractprovisions.TheStateandthe Contractor
acknowledge and agree thatthe State wiU incur damages,including butnot
limited to lossof goodwiU,detrimental impacton economic development,and
diversion of internal staffresources, if the Contractor does not make goodfaith
effortsto comply withfee requirements of theMBEProgramandMBE
Contract provisions.The parties further acknowledge andagreefeatthe
damages fee State might reasonably be anticipated to accrue asa result ofsuch
lackof comptiance are difficult to ascertain with precision.
18.14.2.2.Therefore,upona determination byfeeStatefeatthe Contractor failedtomake
goodfaitheffortstocomplywithoneormoreofthespecifiedMBE Program
requirements or Contract provisions,the Contractor agrees topay liquidated
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45
damagesto the Stateat fee ratessetforthbelow. TheContractorexpressly
agreesthatthe Statemay withholdpaymenton any invoicesas a set-off against
liquidateddamages owed. The Contractorfurther agrees that for each specified
violation,feeagreedupon liquidated damagesarereasonablyproximateto the
loss the State is anticipated to incuras a result of such violation.
i.FaUure tosubmiteach monthly paymentreportin full compliance with
COMAR 2L11.03.13B (3):an amount ner riav established at the
PORFP level per dayuntilthe monthly reportis submittedas required.
ii. Failureto includein its agreementswith MBE subcontractorsa provision
requiringsubmissionofpaymentreports infullcompliancewith
COMAR 21.11.03.13B (4); an amount ner dav established at the
PORFP level per MBE subcontractor.
iii.Failureto comply wife COMAR 21.11.03.12 in terminating,canceUng,
or changingthescope ofwork/valueofa contractwith an MBE
subcontractor and/or amendment oftheMBEparticipation schedule:fee
difference betweenfeedollarvalueoffeeMBE participation
commitment ontheMBE participation scheduleforfeatspecificMBE
firmandfee doUar valueofthework performed bythatMBEfirmforfee
contract.
iv. Failureto meetfee Contractor's totalMBE participation goalandsub
goal commitments:the difference between the dollar value ofthe total
MBE participation commitment ontheMBE participation scheduleand
theMBE participation actuaUy achieved.
v. Failuretopromptlypay aU undisputed amountsto an MBE subcontractor
in full compliance withfee prompt payment provisions ofthis Contract:
an amount ner day established at the PORFP level per day untilfee
undisputed amount duetofeeMBEsubcontractor is paid.
Notwithstanding feeuseof Uquidated damages,fee State reserves therightto
terminate fee Contract and exercise aU ofeer rights andremedies provided in
the Contractor bylaw.
18.14.3.MBEPromptPay Requirements
18.14.3.L To ensure compUance with certifiedMBE subcontract participation goals,the
Department or Agency may,consistent wife COMAR 21.11.03.13,take fee
foUowing measures:
A)Verify feat fee certified MBEs Usted infee MBE participation
schedule actually are performing work andreceiving compensation
asset forth in fee MBE participation schedule.This verification may
include,as appropriate:
(1)Inspecting any relevant records offee Contractor;
(2)Inspecting thejobsite;and
(3) Interviewingsubcontractorsandworkers.
(4)Verification shall include a review of:
(a) The Contractor's monthly report Usting unpaid
invoicesover 30 days oldfrom certifiedMBE
subcontractors andthe reasonfor nonpayment;and
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46
(b) The monthly report of each certified MBE
subcontractor,which listspaymentsreceived from
the Contractorin fee preceding 30 days andinvoices
forwhichfeesubcontractorhas not been paid.
B) Ifthe Department or Agencydetermines feat fee Contractor is not in
compUancewith certifiedMBE participation goals, then fee
Department or Agency wiUnotify the Contractor in writing of its
findings,and will requirethe Contractor to take appropriate
corrective action.Corrective action may include, but is not limited
to, requiring the Contractor to compensate fee MBE for work
performedas set forth in the MBE participation schedule.
C)If fee Department or Agency determines feat the Contractor is in
materialnoncompliancewith MBE Contractprovisionsand refuses
or fails to take the corrective action feat fee Department or Agency
requires, then fee Department or Agency may:
(1)Terminate the Contract;
(2) Refer the matter to fee Office of fee Attorney General
for appropriate action; or
(3)Initiate anyofeer specificremedyidentifiedby this
Contract.
18.14.3.2. Uponcompletionofthe contract,butbefore final paymentor release of
retainageor both,fee Contractorshallsubmit a finalreport,in affidavitform
underfeepenaltyof perjury,of allpaymentsmade to, or withheldfromMBE
subcontractors.
18.15.Insurance Requirements
The Contractorshallmaintain workers'compensation coverage,propertyandcasualtyand
anyofeer insurance as required infeeRFP.The minimum limits ofsuch poUcies mustmeet
any minimum requirements established by law andthe limits of insurance required bythe
RFP,and shall cover losses resulting from or arising outof Contractor action or inaction in
the performance of services underfee Contract byfee Contractor,its agents,servants,
employees or subcontractors.Effective no later than the date of execution ofthe Contract,
andcontinuing forthe duration ofthe Contract term,and any applicable renewal periods,the
Contractor shall maintain such insurance coverage andshallreportsuch insurance annually or
upon Contract renewal,whichever is earlier,to theProcurement Officer.The Contractor is
required tonotify the Procurement Officer in writing,if policies are cancelled ornotrenewed
5 days of learning of such cancellation and/or nonrenewal.Certificates of insurance
evidencing this coverage shall be provided within five (5)days of notice of recommended
award.AU insurance poUcies shaU be issued bya company properly authorized todo business
infee State of Maryland.The State shall be named asan additional named insured onthe
property and casualty policy andas required inthe RFP.
18.16.Veteran Owned Small Business Enterprise Participation
Thereisno VSBE subcontractor participation goalfor feis procurement.
18.17.Security Requirements and Incident Response
The Contractor agrees to abide by aU applicable federal,State and local laws concerning
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47
informationsecurityand complywithcurrentStateand Department of Information
Technologyinformationsecurity policy, currentlyfound at
http://doit.marvland.gov/Publications/DolTSecuritvPolicv.pdf.Contractor shaU limitaccess
to andpossession ofSensitiveDatato only employees whose responsibilities reasonably
requiresuchaccessor possessionandshall trainsuchemployeesonthe ConfidentiaUty
obligationssetforth herein.This Section 18shallsurviveexpirationor tennination of this
Contract.
18.18.Suspension of Work
The Procurement Officerunilaterallymay ordertheContractorin writingto suspend,delay,
or interruptaUor any part of its performancefor suchperiod of timeas the Procurement
Officermaydeterminetobe appropriateforthe convenience oftheState.
18.19.Nonvisual Accessibility Warranty
18.19.1.TheContractor warrants that fee informationtechnology tobe provided under the
Contract.
(a) providesequivalentaccess for effective use by both visual and non-visual
means;
(b)wiU present information,including promptsusedforinteractive
communications,in formats intended for both visual and non-visual use;
(c) ifintendedforuseina network,canbe integrated intonetworksfor obtaining,
retrieving, and disseminatinginformationused by individuals who arenot
blindor visuaUy impaired;and
(d) is available,whenever possible,without modification for corapatibiUty with
Software and hardware for non-visual access.
18.19.2.The Contractor further warrants featthe cost,if any,of modifying fee information
technologyfor compatibiUty with Software andhardwareusedfor non-visualaccess
does not increase thecostoffee information technology bymorethan five percent.
For purposes ofthis Contract,the phrase "equivalent access"means the abflity to
receive,useand manipulate information and operate controls necessary to access and
use information technology by non-visual means.Examples ofequivalentaccess
include keyboard controls usedfor input andsynthesized speech,Braille,or other
audible ortactilemeansusedfor output.
18.20.Compliance with Laws/Arrearages
The Contractor hereby represents andwarrants feat:
18.20.1 Itis qualified todo business inthe State of Maryland andthatitwilltakesuch action
as,from time to time hereafter,may be necessary to remain so quaUfied;
18.20.2.Itisnotin arrears with respect tothepayment of any monies due and owing the State
of Maryland,orany department orunitthereof,including butnot limited to fee
payment oftaxes and employeebenefits,andfeat it shaU notbecome so in arrears
duringthe terra of feis Contract;
18.20.3.It shaU comply wife aU federal,State andlocal laws,regulations,and ordinances
applicable toits activities and obUgations underthis Contract;and,
18.20.4.It shall obtain,atits expense,aU Ucenses,permits,insurance,and governmental
approvals,ifany,necessary tothe performance ofits obligations underthis Contract.
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48
18.21.Contingent Fee Prohibition
The Contractor warrants thatithasnot employed or retained anyperson,partnership,
corporation,or otherentity,otherthana bonafide employee orbona B6&agent working for
the Contractor tosolicitor secure this Contract,andthatithasnotpaidor agreed topayany
person,partnership,corporation or ofeerentity,otherthanabonafideemployeeorbonafide
agent,anyfeeor ofeer consideration contingent onthe making of this Contract.
18.22. Delays and Extensions of Time
The Contractoragreestoperformthis Contractcontinuouslyanddiligently.No chargesor
claims for damages shall be made by fee Contractor for anydelays or hindrances from any
cause whatsoever during fee progress of any portion ofthework specified in this Contact.
Time extensions wiUbe granted only for excusable delays that arise from unforeseeable
causes beyond fee control andwithoutfee fault or negligence of the Contractor, including but
not restricted to acts of God, acts of the public enemy, acts of the State in either its sovereign
or contractualcapacity, acts of another contractor in the performance of a contract wife fee
State,fires, floods, epidemics, quarantinerestrictions, strikes, freight embargoes, or delays of
subcontractorsor suppliersarisingfromunforeseeablecausesbeyondfee control andwifeout
fee fault ornegligenceof eitherthe Contractoror the subcontractorsor suppliers.
18.23.Financial Disclosure
TheContractorshall complywiththe provisionsof §13-221 ofthe StateFinanceand
ProcurementArticle of the AnnotatedCode of Maryland,which requires feat every business
that enters into contracts,leases,or otheragreementswifethe Stateof Maryland or its
agenciesduringa calendaryearunderwhichthe businessisto receive infee aggregate
$100,000 ormore, shall,within30daysof fee timewhen the aggregatevalue of these
contracts,leasesor ofeer agreements reaches $100,000,filewifethe Secretary of State of
Maryland certain specified information to include disclosure of beneficial ownership offee
business.
18.24.Political Contribution Disclosure
The Contractor shall comply wifefee provisions of Md.Code Ann.,Election Law Article,
Title14,which requires that every person feat enters intoa contract for procurement withfee
State,a county ora municipal corporation or other poUtical subdivision ofthe State,during a
calendar yearin which the person receives a contract with a governmental entity infee
aggregate $200,000 or more,shaU file with the State Board of Elections statements
disclosing:(a)any contributions made during the reporting period toa candidate for elective
office in any primary or general election and (b)thename of each candidate to whom oneor
more contributionsin a cumulativeamount of$500 or morewere made during the reporting
period..The statement shaU be filed with fee State Board of Elections:(1)before execution of
a contract byfee State,a county,municipal corporation,or ofeer political subdivision offee
State,andshaU cover the24 months prior to when a contract was awarded;and (2)ifthe
contribution ismadeafterfee execution ofa contract,thentwicea year,throughout the
contract term,on:(i)February 5,to cover fee six-month period ending January 31;and (ii)
August 5,to cover the six-month period ending July 31.Additional information is available
on fee State Board of Elections website:
http://www.elections.state.md.us/campaign_finance/index.html.
18.25.Retention of Records and Audit
18.25.1.The Contractor and Subcontractors shall retain and maintain aU records and
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49
documents inanyway relatingtothisContractforthree(3)yearsafterfinal payment
bytheStateunderthis Contract,orany applicable statuteof limitations,prevailing
federal or Statelawor regulation,or condition of award,whichever islonger,and
shaUmakethemavailable forinspectionandauditby authorizedrepresentatives of
the State,includingfee Procurement Officer or theProcurement Officer's designee, at
aUreasonabletimes.The Contractor shaU,uponrequestby feeDepartment,surrender
all and everycopy of documentsneededby theState,including,butnotlimited to
itemized bilUng documentationcontainingthedates,hours spent andwork performed
by the Contractor and its subcontractors under fee Contract.The Contractor agrees to
cooperate fullyin any audit conductedby or onbehalf offee State, including,byway
ofexampleonly,makingrecordsandemployeesavailableas,where,andto fee
extentrequestedby fee Stateandbyassistingfeeauditorsin reconciling any audit
variances.Contractorshallnotbe compensated forprovidinganysuchcooperation
and assistance.All records relatedin any wayto theContract areto beretained for
the entire time provided under thissection.
18.25.2 The State reserves theright,atitssole discretion andat anytime,toperformanaudit
ofthe Contractor's and/or Subcontractors'performance under thisContract. Inthis
Contract, anauditis definedas a plannedanddocumentedindependentactivity
performed byqualified personnel,includingbutnotlimitedto Stateandfederal
auditors,to determineby investigation,examination,or evaluationofobjective
evidencefromdata,statements,records,operations and performance practices
(financial or ofeerwise)fee Contractor's and/or Subcontractor's compliance wifethe
Contract,including butnot limited tothe adequacy and compliance with estabUshed
proceduresandinternal controls overtheservicesbeingperformedforthe State.
18.25.3 Uponthree(3)business days*notice,Contractor and/or Subcontractors shaU provide
theState reasonable access during normal business hourstotheir records to verify
conformance tofeetermsofthis Contract.TheStateshall bepermittedto conduct
these audits wife anyor aU ofits own internal resources orby securing the services of
a thirdparty accounting/audit firm,solelyat theState'selection. TheStateshallhave
fee right to copy,atitsownexpense,any record related tofee services performed
pursuant to feis Contract.
18.25.4 Contractor and/or Subcontractors shaU cooperate wife fee State or fee designated
auditor and shaU provide thenecessary assistance forfee State or fee designated
auditor to conduct the audit.
18.25.5 Therightto audit shaU include subcontracts in which goods or services are
subcontracted by Contractor and/or Subcontractors and thatprovide essential support
to the servicesprovided to feeStateunder this Contract.Contractor and/or
Subcontractors shall ensure the State has the right to audit with any lower tier
Subcontractor.
18.25.6.This Section 18.25 shallsurvive expiration or termination ofthis Contract.
18.26 Compliance with federal Health Insurance Portability and Accountability Act
(HIPAA)and State Confidentiality Law
HIPAA clausesdonotapplytothis Contract.
19.Administrative Information
19.1.Procurement Officerand Contract Manager
The day-to-day work tobe accomplished under this Contract shall be performed under the
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50
19.2.
direction of the Contract Manager and,as appropriate,fee Procurement Officer.AU matters
relatingto the interpretation of thisContractshall bereferredto the ProcurementOfficerfor
determination.
Notices
AU noticeshereunder shall bein writing andeither delivered personaUy orsentby certified or
registeredmail, postageprepaidas foUows:
If to fee State:
State ofMaryland
Department ofInformation Technology
45 Calvert Street
Annapolis, MD 2140 M 907
With a copy to:
Gayle Mealy
Department of Information Technology (DoIT)
45 Calvert Street,Rm 424A
AnnapoUs,MD 21401-1907
Gayle.Mealy@maryland.gov
If to fee Contractor:
Attn:
EN WITNESS THEREOF,thepartieshaveexecutedthisContractas of the date hereinabove set
forth.
CONTRACTOR
JjWA.I^yrov
J3y»Compuquip Technologies,LLC
06/21/16 I
vitness ^-^j
"T
DEPARTMENT OF INFORMATION
TECHNOLOGY
By:^Albert G.Bullock,Chief ofStaff
7-1 ?f f/f
Date
Witness
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£-.Approved for form and legal sufficiency this / /day of si^S 20/j£?.
Assistant Attorney General
APPROVED BY BPW:
(Date)(BPW Item #)
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ATTACHMENTS -Contract Affidavit „**"*-
A.AUTHORITY
I HEREBY AFFIRM THAT:
I,ivan Reavoy (name of affiant), am the Director of finance (title) and duly
authorizedrepresentative of Compuquip Technologies.LLC (name of businessentity)and I
possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B,CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The businessnamed above is a (check applicablebox):
(1) Corporation—O domesticor D foreign;
(2)Limited Liability Company •*-H domestic or•foreign;
(3) Partnership—D domestic or • foreign;
(4) StatutoryTrust—D domesticor •foreign;
(5)• Sole Proprietorship.
andis registered or qualified as required under Maryland Law.1 fiirther affirmthatthe above
businessis ingoodstandingbothin Maryland and (IF APPLICABLE)inthejurisdictionwhere
itis presently organized,andhas filed allofits annual reports,together with filing fees,with the
Maryland State Department of Assessments and Taxation.Thenameand address ofits resident
agent (IF APPLICABLE)filed withthe State Department of Assessments and Taxation is:
Name and Department ID
Number:Address:
and that if it does business under a trade name,it has filed a certificate with the State Department
of Assessments andTaxationthat correctly identifies thattruenameand address ofthe principal
or owner as:
Name and Department ID Number:.
Address:
C.FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am awareof,and the abovebusinesswill complywith,theprovisions of StateFinanceand
Procurement Article,§13-221,Annotated Code of Maryland,whichrequirethatevery business
thatentersintocontracts,leases,orother agreements withtheStateof Marylandorits agencies
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53
during a calendar yearunderwhich the businessis to receivein the aggregate $100,000ormore
shall,within 30 days ofthe time whenthe aggregate value ofthe contracts,leases,or other
agreementsreaches $100,000,file with theSecretary ofState ofMaryland certain specified
Mormation toinclude disclosure ofbeneficial ownership ofthebusiness.
D.POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
Iam aware of,and the above business will comply with,Election Law Article,Title 14>
Armored Code OfMaryland!,which requires thateverypersonthat enters intoacontractfora
procurement withthe State,acounty,ora municipal corporation,or Other political subdivision of
the Stated during a calendar yearin whichthe person receives a contract with a governmental
entityin the amount of $200,000 of more,shall file withthe State Board ofElections statements
disclosing:(a)anycontributions made during thereporting period toa candidate for4 elective
officein any prhnary or general Section;and(b)thename of eadh candidate towhom oneor
more contributions ina cumulative amount of $500 ormore were made during fhe.r^ortihg
period.The statementshallbe filedwiththeStateBoard ofElections:(a)beforeexecution of a
contract by the State,acounty,amumcipal corporation,or other political subdivision ofthe
State,and shall coverthe 24 months prior towhena contract was awarded;and (b)ifthe
contributioh ismadeafterthe execution of a contract;thentwice a year,thrOughotlt the contract
term,on:(i)February 5,to cover the six (6)month period ending January 31;and (ii)August5,
to cover the six (6)month period ending July 31.Additional information is available onthe
State Board ofElections
website:http://www.elections.state.md.us/campaign fmance/iudcx.html
E.DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for alaw enforcement agency and the agency
head orthe agency head's designee has determined that application of COMAR 21.1LQ8 and
this certification would beinappropriate in connection with the law enforcement agency's
undercoveroperations.)
I CERTIFY THAT:
(1)Terms defined in COMAR21.11.08 shall have the same meanings when used in this
certification.
(2)By submission ofits Bid/Proposal,the business,if other than an individual,certifies and
agrees that,with respect toits employees tobe employed under a contract resulting from this
solicitation,the business shall:
(a)Maintain a workplace free of drug and alcohol abuse during theterm ofthe contract;
(b)Publish a statement notifying its employees that the unlawful manufacture,distribution,
dispensing,possession,or useof drugs,and the abuse Of drugs or alcohol is prohibited in the
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54
business*workplace and specifying the actionsthatwill be taken against employees for
violation ofthese prohibitions;
(c) Prohibitits employees from working underthe influence of drugs or alcohol;
(d) Not hireor assign to work on the contractanyone who the business knows, or in the
exercise of due diligence should know,currently abuses drugsor alcohol andis not actively
engaged in abona fide drug or alcohol abuseassistanceorrehabilitation program;
(e) Promptly inform the appropriatelaw enforcement agency of every drug-related crime that
occurs in its workplace if the business has observed the violation or otherwise has reliable
information that a violation has occurred;
(f) Establishdrug andalcoholabuse awareness programs to inform its employees about:
(i)The dangers of drug and alcohol abusein the workplace;
(ii) The business'spolicy of maintainingadrugandalcoholfree workplace;
(iii)Any available drugand alcohol counseling,rehabilitation,and employee assistance
programs;and
(iv) The penaltiesthat may be imposedupon employees who abusedrugsandalcoholin
the workplace;
(g)Provide allemployees engagedin the performance of thecontractwith acopy of the
statement required by §E(2)(b), above;
(h) Notify its employees inthe statement required by §E(2)(b),above, thatasacondition of
continued employment on the contract,theemployee shall:
(i) Abide by the terms of the statement;and
(ii)Notify the employer of any criminaldrugoralcoholabuse conviction for an offense
occurring in the workplace not laterthan5days after aconviction;
(i)Notify the procurement officer within 10 daysafterreceiving notice under §E(2)(h)(ii),
above, or otherwise receiving actualnotice of aconviction;
(j)Within 30 days afterreceiving noticeunder §E(2)(h)(ii),above, or otherwise receiving
actual notice of a conviction,impose either ofthe following sanctions orremedial measures
on any employee who is convicted of adrugoralcoholabuse offense occurringin the
workplace:
(i) Take appropriatepersonnel actionagainstan employee,up to and including
termination;or
(ii) Requirean employee to satisfactorily participate in abona fide drugoralcoholabuse
assistanceorrehabilitation program;and
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(k) Makeagood faitheffort to maintainadrugand alcohol freeworkplacethrough
implementation of §E(2)(a)—(j), above.
(3)If thebusinessis anindividual,the individual shallcertifyandagreeasset forth in §E(4),
below, thattheindividualshallnot engageintheunlawful manufacture,distribution,dispensing,
possession,oruse of drugsorthe abuse ofdrugs oralcoholinthe performance ofthe contract.
(4) I acknowledge and agree that:
(a) The award of the contractis conditional upon compliance with COMAR 21.11.08 and
this certification;
(b)The violation ofthe provisions ofCOMAR 21.11.08 orthis certification shallbe causeto
suspendpayments under, orterminatethecontractfordefaultunder COMAR 21.07.01.11 or
2L07.03.15,as applicable;and
(c) The violation ofthe provisions of COMAR 21.11.08 orthis certificationin connection
with the contractmay, in the exercise ofthe discretion of the Board ofPublic Works,result
in suspension and debarment of the business under COMAR 21.08.03.
F.CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best ofmy knowledge,information, andbelief, each ofthe affirmations, certifications,or
acknowledgements contained inthat certain Bid/Proposal Affidavit dated , 20 ,
andexecuted by me forthe purpose ofobtaining the contractto which this Exhibit is attached
remainstrueandcorrectin allrespectsas if madeas ofthedate ofthis Contract Affidavit andas
if fully set forthherein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE,INFORMATION,AND BELIEF.
Date:06/21/2016
By:tvan Rezvoy ,(printed name of Authorized Representative andAffiant)
**%(signature of Authorized Representative and Affiant)
28
56
Agency Contact:Al Bullock (410)260-6256
Al.Bullock@maryland.gov
Carla Thompson (410)260-6155
Carla.Thompson@maryland.gov
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY
Contract ID:Hardware and Associated Equipment & Services (Hardware 2012)
eMM Solicitation No.:MDF5031024526
ADPICSBPONo.:060B2490022,COG75325
Contract Description:Multiple award, indefinite quantity,purchase order request for proposals-
based Master Contract to provide hardware,installation,training services and manufacturer's
extended warranty,excludes laptops and desktops.
Award:See Page 9D-10D
Term:7/1/2016-11/24/2027 (11 years)
Amount:$100,000,000
Procurement Method:Competitive Sealed Proposals
Proposals:66 proposals received
MBE Participation:1%(Functional Area IV only)
Incumbent:73 Master Contractors
Remarks:Reference is madeto DoIT Item4-lT (11/14/12)inwhichthe Board of Public Works
approved the award of Master Contracts for hardware,installation,training services and
manufacturer's extendedwarranty.Laptopsanddesktopsareexcluded.
Throughout the Master Contract 15-year term,DoIT issues an expansion window announcement
every three years at which time:(1)new offerors may propose for inclusion on the Master
Contract;and(2)existing Master Contractors may add functional areasand manufacturers.
This isthe first expansion window since the Master Contract was originally approved in 2012.A
notice of the availability of the Request for Proposals was advertised on
eMarylandMarketplace.com and on DoIT's website.An e-mail notice was delivered to all
prospective offerors identified as capable of delivering the services in the State Minority
Business Enterprise Directory.
29
57
3 IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Remarks:(cont'd)For this expansion window, DoIT received 66 proposals. DoIT is
recommending award of Master Contracts to 35 qualified offerors.Of the 35, 16 are Maryland
resident businesses,7 small businesses,and 6 are MBEs.
(Thereare potentially an additional 25 offerors that maybe addedto for this expansionwindow
once DoIT has received notification that they are either in good standing with SDAT or have
registered to do business withthe State.DoITwillreturntotheBoard seeking approval for any
additional awards.)
Through the expansion window,DoIT added Functional Area VI -Security,Cameras and
AssociatedPeripherals,bringingthe total number of functional areas to six:
Functional Area I-Servers and Associated Peripherals
Functional AreaII-Printers and Associated Peripherals
Functional Area EI -Network Communications Equipment
Functional AreaIV-Installation and Training Services
Functional AreaV-Manufacturer's Extended Warranty
Functional Area VI-Security,Cameras and Associated Peripherals (NEW)
A using agency that seeks to procure hardware,installation,training services,or manufacturer's
extended warranty will issue a competitive Purchase Order Request for Proposal to all Master
Contractors within the appropriate functional area who are authorized to provide the hardware
and or services for the product line.For Small Business Reserve PORFPs,only Master
Contractors that are DGS-certified small businesses will be able to complete within its approved
functional area.Master Contractors affirmed that their prices for the PORFPs will not exceed the
manufacturer's suggested retail price.Because the PORFP process is competitive,prices should
be lower than those allowed under the Master Contracts.
Functional Area IV provides the only potential for subcontracting opportunities;therefore an
overall MBE subcontractor participation goal of 1%has been established for these Master
Contracts by DoIT in conjunction with the Governor's office of Minority Affairs.
This procurement vehicle was designed to provide State agencies with a wide selection of Master
Contractors who offer an extensive variety of hardware and associated services.State agencies
will obtain hardware,installation,training and maintenance services quickly and efficiently by
issuing PORRPs specific to each agency's needs.This contracting vehicle is also available to
Maryland counties and municipalities.
30
58
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Remarks:(cont 'd)Because the remaining term of this Hardware Master Contract is
approximately 11+years, the State will receive the full benefit of any maintenance agreement
associated with PORFPs from the Hardware Master Contract.
Hardware Master Contracts Amount:
Board approved $57 million ceiling for.DoITItem 4-IT (11/14/2012)
Board approved$35 million increasein ceiling.DoIT Item 2-TT-MOD (10/15/2014)
Board approved $12 million increase in ceilingbringing total authorized Hardware Master
Contracts to $104 million.DoIT Item 4-TT-MOD [3/23/2016]
DoIT recommendsincreasingthe ceiling amountby $100 million.This amountwas determined
by using spend statistics over the past three years of the contract.
DoIT will provide additional expansion windows for this Master Contract every three years.
DoIT will returnto the Board to seek approvalof additionalofferors or if an increase in the not-
to-exceed amount is necessary.
Fund Source:
Approp.Code:
Resident Business:
MD Tax Clearance:
Various
Various
See Page 9D-10D
See Page 9D-10D
BOARD OF PUBLIC WORKS
APPROVED DISAPPROVED
WITH DISCUSSION
THIS ITEM WAS:
DEFERRED WITHDRAWN
WITHOUT DISCUSSION
31
59
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Companies recommended for Hardware 2012 Award
Company Name Corp.City State
Resident
Business
MDTax
Clearance
1 A&T Marketing,Inc., /A&T Networks
Columbia MD y 16-2158-
0111
2 Advanced Computer Concepts
McLean VA N 16-2159-
1110
3 AlphaSix Corporation Sterling VA N 16-2160-
1110
4
Applied NetworkConsulting Group, Inc.
(ANC)
Greenville SC N 16-2161-
1001
5 Barcoding,Inc.
Baltimore MD Y 16-2162-
1111
6 Bogdan Computer Services,Inc.
Abingdon MD Y 16-2163-
1111
7 Carahsoft Technology Corporation
Reston VA N 16-2164-
1010
8 CareTech,LLC Hagerstown MD Y
16-2165-
1000
9 Ciber,Inc.Greenwood Village CO N
16-2166-
1011
10 Communications Electronics,Inc.Timonium MD Y
16-2167-
1110
11 Compuquip Technologies Doral FL N
16-2168-
0000
12 Computer Systems Support,Inc.Miami FL N
16-2169-
0000
13 ContinentalTechnologies,Inc.(CTI)Hunt Valley MD Y
16-2170-
1111
14 Datalink Corporation Eden Prairie MN N
16-2171-
1111
15 Electronic Data Solutions,Inc.Baltimore MD Y
16-2172-
1111
16 EnNet Services,LLC Frederick MD Y
16-2173-
1111
17 Enterprise Consulting,Inc.Eldersburg MD Y
16-2174-
1111
18 Insight Public Sector Inc.Tempe AZ N
16-2175-
1111
19 Interclypse,Inc.Hanover MD Y
16-2176-
1111
20 Kratos-PSS San Diego CA N
16-2177-
1111
21 Kustom Signals,Inc.Lenexa KS N
16-2178-
0111
32
60
Company Name Corp.City State
Resident
Business
MDTax
Clearance
22 Lexmark International,Inc.Lexington KY N
16-2179-
1111
23 Magothy Technology Pasadena MD Y
16-2180-
1111
24 MS Technologies Corporation Rockville MD Y
16-2181-
1111
25 NEC Corporation of America Irving TX N
16-2182-
1111
26 Networking for Future,Inc.Washington DC N
16-2183-
1111
27 Networking Technologies &Support,Inc.Midlothian VA N
16-2184-
1111
28 Phillips Office Solutions Middletown PA N
16-2185-
1111
29 Ronco Communications Tonawanda NY N
16-2186-
0110
30 S3 Integration Baltimore MD Y
16-2187-
1111
31 SCD Information Technology Columbia MD Y
16-2188-
1011
32 SNAP,Inc.Chantilly VA N
16-2189-
1111
33 Soft-Con Enterprises,Inc.Hyattsville MD Y
16-2190-
0111
34 Visionary Technology Consultants (VTC)Maple Lawn MD Y
16-2191-
0111
35 Visual Sound/Kunz AV Broomall PA N
16-2192-
1111
33
61
DoIT 6D
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
Agency Contact:Al Bullock (410)260-6256
\Al.Bullock@marylandgov
Carta Thompson(410)260-6155
Carta.Thompson@maryland.gov
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY
Contract ID:Hardware and Associated Equipment & Services (Hardware 2012)
eMM Solicitation No.:MDF5031024526
ADPICS BPO No.:060B2490022,COG75325
Contract Description:Multipleaward, indefinite quantity,purchase order request for proposals-
based Master Contract to provide hardware, installation, training services and manufacturer's
extended warranty,excludeslaptopsand desktops.
Award:See Page 9D-10D
Term:7/1/2016-11/24/2027 (11 years)
Amount:$100,000,000
ProcurementMethod:Competitive Sealed Proposals
Proposals:66proposals received
MBE Participation:1%(Functional Area IV only)
Incumbent:73 Master Contractors
Remarks:Reference is madeto DoIT Item 4-IT (11/14/12)in which the Board of Public Works
approved the award of Master Contracts for hardware,installation,training services and
manufacturer's extended warranty.Laptops and desktops are excluded.
Throughout the Master Contract 15-year term,DoIT issues an expansion window announcement
every three years at which time:(1)new offerors may propose for inclusion on the Master
Contract;and(2)existing Master Contractors mayadd functional areasand manufacturers.
Thisisthe first expansion window since the Master Contract was originally approved in 2012.A
notice of the availability of the Request for Proposals was advertised on
eMarylandMarketplace.com and on DoIT's website. An e-mail notice was delivered to all
prospective offerors identified as capable of delivering the services in the State Minority
Business EnterpriseDirectory.
62
DoIT 7D
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Remarks:(cont'd)For this expansion window, DoIT received 66 proposals. DoIT is
recommending award of Master Contracts to 35 qualified offerors.Of the 35, 16 are Maryland
resident businesses,7 small businesses,and 6 are MBEs.
(There are potentially an additional 25 offerors that may be added to for this expansion window
once DoIT has received notification that they are either in good standing with SDAT or have
registered to do business with the State. DoIT will return to the Board seeking approval for any
additional awards.)
Through the expansion window, DoIT added Functional Area VI - Security,Cameras and
Associated Peripherals,bringing the total number of functional areas to six:
Functional Area I -Servers and Associated Peripherals
Functional Area II -Printers and Associated Peripherals
Functional Area III -Network Communications Equipment
Functional Area TV -Installation and Training Services
Functional Area V -Manufacturer's Extended Warranty
Functional Area VI - Security, Cameras and Associated Peripherals (NEW)
A using agency that seeksto procure hardware,installation,training services,or manufacturer's
extended warranty will issuea competitive Purchase Order Request for Proposal to all Master
Contractors within the appropriate functional area who are authorized to providethe hardware
and or services for the product line. For Small Business Reserve PORFPs,only Master
Contractors that are DGS-certified small businesses will be able to complete within its approved
functionalarea.Master Contractorsaffirmedthattheir pricesforthe PORFPswill not exceedthe
manufacturer's suggested retail price.Because the PORFP process is competitive,prices should
be lower than those allowed under the Master Contracts.
Functional Area IV provides the only potential for subcontracting opportunities;therefore an
overall MBE subcontractor participation goal of 1% has been established for these Master
Contracts by DoIT in conjunction withthe Governor's office of Minority Affairs.
This procurement vehicle was designed to provide State agencies with a wide selection of Master
Contractors who offer an extensivevarietyof hardware and associated services.State agencies
will obtain hardware, installation, training and maintenance services quickly and efficientlyby
issuing PORRPs specific to each agency's needs.This contracting vehicle is also available to
Maryland counties and municipalities.
63
DoIT 8D
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Remarks:(cont'd)Because the remaining term of this Hardware Master Contract is
approximately 11+years, the State will receive the full benefit of any maintenance agreement
associated with PORFPs from the Hardware Master Contract.
Hardware Master Contracts Amount:
Board approved$57 million ceilingfor.DoTTItem 4-IT (11/14/2012)
Board approved $35million increase in ceiling.DoITItem 2-TT-MOD (10/15/2014)
Board approved $12 million increasein ceilingbringingtotalauthorizedHardwareMaster
Contractsto $104million.DoTTItem 4-TT-MOD [3/23/2016]
DoIT recommends increasing the ceiling amountby $100 million. This amount was determined
by using spendstatisticsoverthepast threeyearsof the contract.
DoIT will provide additional expansion windows for this Master Contract every three years.
DoIT will returnto the Boardto seek approval of additional offerorsor if an increase inthe not-
to-exceed amount is necessary.
Fund Source:
Approp.Code:
Resident Business:
MD Tax Clearance:
Various
Various
See Page 9D-10D
See Page 9D-10D
BOARD OF PUBLIC WORKS THIS ITEM WAS:
APPROVED DISAPPROVED DEFERRED WITHDRAWN
WITH DISCUSSION WITHOUT DISCUSSION
64
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Companies recommended for Hardware 2012 Award
DoIT 9D
Company Name Corp.City State
Resident
Business
MDTax
Clearance
1 A&T Marketing,Inc.,/A&T Networks
Columbia MD Y 16-2158-
0111
2 Advanced Computer Concepts
McLean VA N 16-2159-
1110
3 AlphaSix Corporation Sterling VA N 16-2160-
1110
4
Applied Network Consulting Group, Inc.
(ANC)
Greenville SC N 16-2161-
1001
5 Barcoding,Inc.
Baltimore MD Y 16-2162-
1111
6 Bogdan Computer Services,Inc.
Abingdon MD Y 16-2163-
1111
7 Carahsoft Technology Corporation
Reston VA N 16-2164-
1010
8 CareTech,LLC Hagerstown MD Y
16-2165-
1000
9 Ciber,Inc.Greenwood Village CO N
16-2166-
1011
10 Communications Electronics,Inc.Timonium MD Y
16-2167-
1110
11 Compuquip Technologies Doral FL N
16-2168-
0000
12 Computer Systems Support,Inc.Miami FL N
16-2169-
0000
13 Continental Technologies,Inc.(CTI)Hunt Valley MD Y
16-2170-
1111
14 Datalink Corporation Eden Prairie MN N
16-2171-
1111
15 Electronic Data Solutions,Inc.Baltimore MD Y
16-2172-
1111
16 EnNet Services,LLC Frederick MD Y
16-2173-
1111
17 Enterprise Consulting,Inc.Eldersburg MD Y
16-2174-
1111
18 Insight Public Sector Inc.Tempe AZ N
16-2175-
1111
19 Interclypse,Inc.Hanover MD Y
16-2176-
1111
20 Kratos-PSS San Diego CA N
16-2177-
1111
21 Kustom Signals,Inc.Lenexa KS N
16-2178-
0111
65
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
DoIT 10D
Company Name Corp.City State
Resident
Business
MDTax
Clearance
22 Lexmark International,Inc.Lexington KY N
16-2179-
1111
23 Magothy Technology Pasadena MD Y
16-2180-
1111
24 MS Technologies Corporation Rockville MD Y
16-2181-
1111
25 NEC Corporation of America Irving TX N
16-2182-
1111
26 Networking for Future,Inc.Washington DC N
16-2183-
1111
27 Networking Technologies &Support,Inc.Midlothian VA N
16-2184-
1111
28 Phillips Office Solutions Middletown PA N
16-2185-
1111
29 Ronco Communications Tonawanda NY N
16-2186-
0110
30 S3 Integration Baltimore MD Y
16-2187-
1111
31 SCD Information Technology Columbia MD Y
16-2188-
1011
32 SNAP,Inc.Chantilly VA N
16-2189-
1111
33 Soft-Con Enterprises,Inc.Hyattsville MD Y
16-2190-
0111
34 VisionaryTechnology Consultants(VTC)Maple Lawn MD Y
16-2191-
0111
35 Visual Sound/Kunz AV Broomall PA N
16-2192-
1111
66
ATTACHMENT B
CONTRACT PRICE &Quotation
STATE OF MARYLAND CONTRCT No.060B2490022-2015
Thomas F. Pepe -01-11-16
Page 6 of6
67
CompuquipTECHNOLOGIES11/2/16Quotation:24386-01CompuquipTechnologiesLLC2894NW79thAvenue,Doral,FL,33122Phone:727-423-1001-Fax#413-280-6742BradReed(breed@corapuquip.com)Agreementwith/Billto;CityofSouthMiamiAttn:StevenKulick,C.P.M.6130SunsetDriveSouthMiami,Fl33143Equipmentlocation/Shipto:"CityofSouth MiamiAttn:StevenKulick,C.P.M.6130SunsetDriveSouthMiami,Fl33143Note;PriceincludesenterprisecustomerdiscountSection 1-CheckPointManager,5600HAGatewaysandEndPofntwith3 years ofsupport1CPAP-SM20SCneckPo,nt"Smart"1205AppliancewithPolicy,LogandEventSecurityManagement$370500tfor5SecurityGateways*J,/9o.oo$3,795.00CBS-ENT-SS- Check Point- EnterprisePremiumSupport -IncludesSoftwareupdates and direct7 xPREMIUM24 Phonesupportwith a (30)minuteresponse time for3 yearsCheckPoint-5600NextGenerationThreatPrevention&SandBlast™(NGTX)Appliance-IncludesFirewall,VPN,AdvancedNetworkingandClustering,identityCPAP-SG5600-Awareness»MobileAccess,(IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-NGTXV,rusandAnt,"Bot'ThreatPreventionandThreatExtractionbladesforYear1only),NetworkPolicyManagement,LoggingandStatus.-Test(LAB)Performance:25GbpsFirewallthroughput(1518byteUDP)-BaseConfiguration:10on board1GbEcopperinterface.8GBMemory.CBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdatesanddirect7 xPREMIUM24Phonesupportwitha(30)minute responsetime for3 years1CPAP-SG5600-CheckPoint-5600NextGenerationThreatPrevention&SandBlast™(NGTX)NGTX-HAAppliancefor HighAvailabilityCBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdatesanddirect7xPREMIUM24Phonesupport witha(30)minute responsetimefor3 yearsNGTPSubscriptionsforyears2&3CPSB-NGTP-CneckPomt"NextGenerationThreatPreventionPackagefor2yearsfor56005600-2YAppliance-Includes:IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-VirusandAnti-BotbladesCPSB-NGTP-CneckPo,nt"NextGenerationThreatPreventionPackagefor2yearsfor56005600-2Y-HAAPP,Iance-HA•Includes:IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-VirusandAnti-BotbladesMobileAccessBladeswith3yearsofsupport1CPSB-MOB-50CheckPoint- MobileAccessBladefor 50concurrentconnections$2,639.25$2,639.25$20,640.00$20,640.00$13,158.00$13,158.00$15,136.00$15,136.00$10,526.40$10,526.40$14,107.50$14,107.50$11,286.00$11,286.00$1,232.00$1,232.00CBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdates anddirect7 xPREMIUM24Phonesupportwitha(30)minuteresponsetimefor3years*1,386.00$1,386.0068
1 """Check Point -Mobile Access Blade for 50 concurrent connections HA $861.00 $861.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x
PREMIUM 24 Phone support with a(30)minute response time for 3 years *1,180.80 $1,180.80
Endpoint Management and Total Security Bundle for 100 devices for 1 year
.CPSB-EP-TS-CheckPoint-Endpoint Management andTotal Security Bundle for 100 devices fori $3 87585 $3 875 85
SMB-Stan-100 year
Services
Compuquip -Senior Security Engineer -Dally Rate (based on 8 hour day)On-site
7 SEC-INSTALL services for implementation and basic knowledge transfer - project is estimated to $ 1,300.00 $ 9,100.00
take 7 days
Notes:
Authorized Signature:
Name:
Title:
Date:
1.)Price does not Include local taxes
2.)Our terms are Net 30
3.)Quotation valid until December 30,2016
Accepted by:_
Name:
Title:
Date:
Quotation Sub-Total $108,923.80
Freight $292.12
Quotation Totalj $109,215.92
69
ATTACHMENT B
CONTRACT PRICE &Quotation
STATE OF MARYLAND CONTRCT No.060B2490022-2015
Thomas F.Pepe-01-11-16
34
70
Compuquip
TECHNOLOGIES
11/2/16
Quotation:24386-01
Compuquip Technologies LLC
2894 NW 79th Avenue,Doral,FL,33122
Phone:727-423-1001 -Fax #413-280-6742
Brad Reed (breed@compuquip.com)
Agreement with/Bill to:
City of South Miami
Attn:Steven Kulick,C.P.M.
6130 Sunset Drive
South Miami,Fl 33143
Equipment location/Ship to:
"City of South Miami
Attn:Steven Kulick,C.P.M.
6130 Sunset Drive
South Miami,Fl 33143
Note:Price includes enterprise customer discount
Section 1 -Check Point Manager,5600 HAGateways and EndPoint with 3 years of support
CPAP-SM205 Cneck Polnt"Smart"1 205 Appliance with Policy,Log and Event Security Management -3 795 00 $ 3 795 00
for 5 Security Gateways
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x .2 639 25 $ 2 639 25
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
CPAP-SG5600-
NGTX
Check Point -5600 Next Generation Threat Prevention &SandBlast™(NGTX)
Appliance -Includes Firewall,VPN,Advanced Networking and Clustering,Identity
Awareness,Mobile Access,(IPS,Application Control, URL Filtering,Anti-Spam,Anti-
Virus and Anti-Bot,Threat Prevention and Threat Extraction blades for Year 1 only),
Network Policy Management,Logging and Status.-Test (LAB)Performance:25 Gbps
Firewall throughput (1518 byte UDP)-Base Configuration:10 on board 1 GbE copper
interface.8GB Memory.
$20,640.00 $20,640.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x $13 158 00 $13158 00
PREMIUM 24 Phone support with a (30)minute response time for3 years '
CPAP-SG5600-Check Point -5600 Next Generation Threat Prevention &SandBlast™(NGTX)
NGTX-HA Appliance for High Availability
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x
PREMIUM 24 Phone support with a (30)minute response time for 3 years
NGTP Subscriptions for years 2 & 3
Check Point -Next Generation Threat Prevention Package for 2 years for 5600
$15,136.00 $15,136.00
$10,526.40 $10,526.40
CPSB-NGTP-
5600-2Y
Appliance- Includes:IPS,Application Control,URL Filtering,Anti-Spam,Anti-Virus $14,107.50 $14,107.50
and Anti-Bot blades
Check Point -Next Generation Threat Prevention Package for 2 years for 5600
5600-2Y-"Appliance -HA -Includes:IPS,Application Control,URL Filtering,Anti-Spam,Anti-
Virus and Anti-Bot blades
Mobile Access Blades with 3 years of support
1 CPSB-MOB-50 Check Point -Mobile Access Blade for 50 concurrent connections
$11,286.00 $11,286.00
$1,232.00 $1,232.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x $^
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
35
71
1 "Check Point -Mobile Access Blade for 50 concurrent connections HA $861.00 $861.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x 118O8O *iiftftan
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
Endpoint Management and Total Security Bundle for 100 devices for 1 year
1 CPSB-EP-TS-Check Point-Endpoint ManagementandTotalSecurityBundlefor100devices fori $-..-..$1*1715 «s
SMB-Stan-100 year *W3J»*w*mo
Services
Compuquip -Senior Security Engineer - Daily Rate (based on 8 hour day)On-site
7 SEC-INSTALL services for implementation and basic knowledge transfer - project is estimated to $ 1,300.00 $ 9,100.00
take 7 days
Notes:
Authorized Signature:
Name:
Title:
Date:
1.)Price does not include local taxes
2.)Our terms are Net 30
3.)Quotation valid until December 30,2016
Accepted by:_
Name:
Tide:
Date:
36
Quotation Sub-Total $108,923.80
Freight $292.12
Quotation Total|$109,215.92
72
8SE NEIGHBORS SUNDAY NOVEMBER 6 2016
MIAMIHERALD.COM
Sales &Service
Open 7 Days
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEKEltY given thai the Qly C'.tnimjs.*ion of the Csly of SouthMiami. Florida v*ili conduoi Public Hearing*.0
ai iw rcculai City CumnuViun roc-cling sclicdulcd At Tuesd«iv.November l.V 2t»l6.beginning at 7.[in p.m..in ihc City
Commission Chambers.f*i?0 Sunset Drive.io consider Iho folh.wmf.'iietnfO
A Resolution aothoruing tin*City M;in3geito procure,i-nlinc reparation module oi RcCPro with R C Systems,lnc
A Resolution authorizing jJk City Manager lo purchase Microsoft 365 software anil cnicr intoa licensing agreement tvidi
SiJl Imcniaiional Corp.an auihon/cd contractor for Mic-insofi.througha piiyjyhaulc wiih \hz Siaie i>rFlf*rirta C'nnimci
No ii3?00l)0-15-02.
/a Resolution authorizing Ihc City Manner to punhiix.'Check Point firewall software applbnrc from Compuqi>ip\
/Technologic b.LLC.an autliuri/xJ tcscIIci ofCheck 1'nini LTD.ihruugh a piggyback with the Stale \»r Maryland j
\Conlraci No.060B24yfl022.
AmOrditmiicc Hiocuitlmj:the LandDevelopmentCode. Article VI.Section"20-f>1.nnd otherapplicableprovisions,lo
itclinc ihe tarn "les».resinriivr'"as il applies lo the wiine requirements of the City Commission.
An Ordinancevacating and abandoning a porimn of SW X2Sired more fully describedin a legal rievriiptior.lierem.
subject m certain condition*,including die preset vairmi of an ewccmeni.
An OrdinanceamendingSection 20-6 J of ihc City.il Snuh MiamiLand Development Cttdc.tomakecorrections ami
i»amend the iuc!i>bcr«hipand ipiomm requirements for die Planning Board.
An Oidinanee amrndmp the. Chapter 2. Article 1.Section 3-7.1 (B>;(C)and (C) 3 and?to nu'dily thecapitalisation of
key wordsand to add retirements l"r Sunshine Meetings.
AnOrdinanceamending the City of S««wli Miami LaiiriDevelopmentArticle Vi.Seclion20-6.1iB;(4)fa)iii in provide
lor .i jcconimcndnijon of the Planning Board when die Biiuid h deadlocked.
AU.intejcsicd parties arc invited ic nttend and *ill be heard
Por 1miner information, pleasecontact the City Clerk's Oftiee at 3(i5-6fiJ-MW.
Maori M.Mrnendc*.CMC
Chy Clerk
Pwwanii<*Ffrml*Su:iih-t1t(<OlfS.it*Cnyr*rct»y a.hmiihc publicihaiira j-tm*Antei in qif.-al.inyt'loti.m mad.-M ih:shrjrti AjXkcy <f(.'ommiMi?^
»yhSr^sjvxl'n*»>•Biaii.fct>ti9nk-ivJsi i«.nctliiip «i ht,-»iin£.be»n >hriviDn.t'l iibuvJ»-l ibvpuvtxtkaes.n*'-uV-ii fri ticjh pii/wc.Jll»-cieilperson iw>Ijc*h
lit i&sutcinal3 vcihMr,;»uvt>»ft »1rtiJ}«*'».-Milinj»tt tissOc ii-huhrecordlfc.-hklcr theictiinvmy iati <\iitftti e i»mh whichOiC an«s'i""•I*lojeil
CRIMEWATCH
Miami-Dade Police
offer tools to cut crime
BY CAltMEN GONZALEZ
CALDWELL
Specialto The Miumi Herald
This week I want to
share with you some great
tools offered by Miami-
Dade Police,which can
help you not only be safe
but also better informed.
These tools can help pre
vent crime,help solve
crimes and help you know
what is going on in your
immediate area:
NEW MIAMI-DADE
POLICE CELLPHONE
APP
Many crime watchers are
using the new COP (Com
munity on Patrol)app, a
great tool for reporting
every tiling from crimes to
suspicious incidents.Just
go to Apple or Android app
store and search for Com
munity on Patrol.
MIAMI-DADE COUNTY
SEXUAL OFFENDER &
PREDATOR SEARCH
Any Florida resident who
has been convicted of a
sexual offense (including
anyone convicted in another
state) must register as a
sexual offender with the
office of the local sheriff.In
the case of Miami-Dade
County, that is the Miami-
Dade Police Department.
Sexual offenders must dis
close where they live,and
must notify the police when
they relocate. This informa-
Miami-Dade Police's new
Community on Patrol
cellphone app.
tion is entered into the
Sexual Predator/Offender
database of the Florida
Department Law Enforce
ment.Members of the pub
lic can search this database
at hrtp://gisweb.miami
dade.gov/sexoffenders/and
determine whether they or
their children,in their rou
tine activities (walkingfrom
the bus stop, bikingto a
friend's house, or going to
the mall)are likely to en
counter these offenders.
MIAMI-DADE COUNTY'S
CRIME VIEW
COMMUNITY
Miami-Dade County's
Crime View Community is
an online tool at
http://www.cnme
mapping.com/map/fl/
miami-dadecounty,which
residents can use to keep
themselves informed about
crime in the areas of interest
to them,such as near their
home,business or other
places they frequent.
Users can sign up to re
ceive automated email
alerts about recent criminal
events in specific areas.
While this online tool works
in all areas of unincorporat
ed Miami-Dade,it doesn't
work in some of the munici
palities.Residents should
check with their local gov
ernment to see if a similar
service is offered by that
municipality.
HOMICIDE BUREAU —
COLD CASE SQUAD
Advances in technology
and forensics have given a
boost to the work of Miami-
Dade Police's Cold Case
Squad.However,despite
scientific advances and the
work of these detectives,
there are about 2,000 cold
cases that remain unsolved.
Maybe you know something
that can help solveone of
these crimes.To learn about
these cases, go online to
http://www.miami
dade.gov/police/cold-
cascs.asp. Perhaps you can
help bring justice to the
families of these victims.
MIAMI-DADE POLICE
ON SOCIAL MEDIA
Follow MDPD on Twit
ter at https://twitter.com/
MiamiDadePD and visit
the department on
YouTnbe at
www.youtube.com/user/
mdpdmedia.
Carmen Caldwell is
executive director of
Citizens'Crime Watch of
Miami-Dade.Sendfeedback
and news for this column to
carmen @citizenscrime
watch.org, or call licr at
305-470-1670.
73
SWSAWil DAILY BUS8NESS REVIEW
Published Daily except Saturday. Sundayand
Legal Holidays
Miami.Miami-Dade County.Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V.FERBEYRE,who on oath says that he or she is
the VICE PRESIDENT.Legal Notices of the Miami Daily
Business Review f/k/a Miami Review,a daily (except
Saturday,Sunday and Legal Holidays)newspaper.
published at Miami in Miami-Dade County.Florida;that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI - NOV.15,2016
in the XXXX Court,
was published in said newspaper in the issues of
11/04/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami,in said
Miami-Dade County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida each day {except Saturday,Sunday and
Legal Holidays)and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County.
Florida,for a period of one year next preceding the first
publication of the attached copy of advertisement;and affiant
further says that he or she has neither paid nor promised any
person,firm or corporation any discount.,rebate,commission
or refund for the purpose of securing this advertisement for
publication in th
Sworn to and subscribed before me this
4 day of NOVEMBER,A.D.2016
(SEAL)
OCTELMA V. FERBEYREpersonally known to me
NOTICE IS HEREBY given that the City Commission of the City of South
Miami Florida will conduct Public Hearing®atits regular City Commission
meeting scheduled for Tuesday,.November 15,2016,beginning at 7:00 p.m.,
in the City Commission Chambers,6130 Sunset Drive,to consider the
following item(s):
A Resolution authorizing the City Manager to procure online
registration module of ReCPro with R.C.Systems,Inc.
AResolution authorizing the City Manager to purchase Microsoft
365 software and enter into a licensing agreement with SHI
International Corp.,an authorized contractor for Microsoft,
through a piggyback with the State of Florida Contract No.
4320000-15-02.
/a Resolution authorizing the City Manager to purchase Check Point \
/firewall software appliance from Compuquip Technologies,LLC,j
I an authorized reseller of Check Point LTD,through a piggyback^/
V Wlth the State of Maryland Contract No.060B2490022.^
An Ordinance amending the Land Development Code,Article VI,
Section 20-6.1,and other applicable provisions,to define the term
"less restrictive"asitapplies to the voting requirements of the City
Commission.
An Ordinance vacating and abandoning a portion of SW 82 Street
more fully described in a legal description herein,subject to certain
conditions,including the preservation ofan easement.
An Ordinance amending Section 20-6.1 of the City of South Miami
•Land Development Code,to make corrections and to amend the
membership and quorum requirements for the Planning Board.
An Ordinance amending the,Chapter 2,Article I,Section 2-2.1 (B),
(C)and (C)1 and£to modify the capitalization of key words and
toadd requirements for Sunshine Meetings.
An Ordinance amending the City of South Miami Land Development
Article VI,Section 20-6.1 (B)(4).(a)iii to provide for a recommendation
of the Planning Board when the Board is deadlocked.
ALL interested parties are invited to attend and will be heard.
For further information,please contact the City Clerk's Office
at:305-663-6340.
Maria M.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the public
that if a person decides to appeal any decision made by this Board,Agency
or Commission with respect to any matter considered at itsi meeting or
hearing he or she will need a record of the proceedings,and that for such
purpose,affected person may need to ensure that averbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.16.133/0000168486M '
74
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to procure professional services from Tomka Construction LLC. for a
new commercial fence system at Ludlam Glades Park. 3/5 (City Manager-Parks & Recreation)
Suggested Action:
Attachments:
Memo-LGP Fence Install (QP2).docx
Reso-LGP Fence Install.docx
Proposals.pdf
SunBiz-Tomka Construction LLC.pdf
75
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE:December 1, 2020
SUBJECT:A Resolution authorizing the City Manager to procure professional services
from Tomka Construction LLC. for a new commercial fence system at
Ludlam Glades Park.
BACKGROUND:The City’s Parks and Recreation Department officially took over
management and operation of Ludlam Glades Park on October 1, 2020.To
date, staff has conducted tree maintenance to improve sight lines, park
clean up, and scheduled the demolition of the existing single-family
residence and dilapidated observation deck.
The project before youentails engineering and calculation drawings/plans,
permit fees, fabrication, delivery and installation of a new commercial
aluminum fence system (approx. 200’ linear feet, 4’ ft. height)along the
east boundary line—separating the park and canal—, clean up and
disposal of materials and debris.
The proposed aluminum fence is safe, aesthetically designed and requires
little to no maintenance. It is resistant to rot and pest infestation. It is
extremely durable and resistant to corrosion. Furthermore, this fence will
also help to keep large exotic iguanas from entering the park, as well as
protect unattended children who wander toward the canal.
Competitive proposals were sought from three (3) different sources of
supply; Tomka Construction LLC. was the lowest and most responsive
vendor.
VENDORS &Please find below a breakdown of all proposals:
AMOUNT:
VENDORS AMOUNT
TOMKA CONSTRUCTION $15,950
GOMEZ &SON FENCE $16,480
76
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
CUNANO BUILDERS,CORP $17,450
EXPENSE:$15,950
FUND &
ACCOUNT:The expenditure shall be charged to the Parks & Recreation Capital
Improvement, account numbered 301-2000-572-6450, which has an
account balance of $888,635.
ATTACHMENTS:Resolution
Proposals
Sun Biz Registration – Tomka Construction LLC.
77
1
RESOLUTION NO.: _________________________1
2
A Resolution authorizing the City Manager to procure professional services from 3
Tomka Construction LLC. for a new commercial fence system at Ludlam Glades Park. 4
5
WHEREAS, this project entails the production of engineering and calculation 6
drawings/plans, permit fees, fabrication, delivery and installation of a new commercial 7
aluminum fence system (approx. 200’ linear feet)along the east boundary line—separating the 8
park and canal—, clean up and disposal of materials and debris; and9
10
WHEREAS, the proposed aluminum fence is safe, aesthetically designed and requires 11
little to no maintenance. It is resistant to rot and pest infestation. It is extremely durable and 12
resistant to corrosion; and13
14
WHEREAS, competitive proposals were sought from three (3) different sources of 15
supply; Tomka Construction LLC. was the lowest and most responsive vendor; and16
17
WHEREAS, the proposal/contract amount shall not exceed $15,950. 18
19
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 20
CITY OF SOUTH MIAMI, FLORIDA:21
Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 22
they are incorporated into this resolution by reference as if set forth in full herein. 23
Section 2. The City Manager is authorized to procure professional services from Tomka 24
Construction LLC. for a new commercial fence system at Ludlam Glades Park. The total 25
expenditure in the amount of $15,950 shall be charged to Parks & Recreation Capital 26
Improvement, account number 301-2000-572-6450, which has a balance of 888,635 before this 27
request was made.28
29
Section 3. Corrections.Conforming language or technical scrivener-type corrections 30
may be made by the City Attorney for any conforming amendments to be incorporated into the 31
final resolution for signature.32
33
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is 34
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 35
shall not affect the validity of the remaining portions of this resolution.36
Section 5. Effective Date. This resolution shall become effective immediately upon 37
adoption by vote of the City Commission.38
39
40
78
2
PASSED AND ADOPTED this ____ day of _____________, 2020.41
42
ATTEST:APPROVED:43
________________________________________________44
CITY CLERK MAYOR45
46
READ AND APPROVED AS TO FORM:COMMISSION VOTE:47
LANGUAGE, LEGALITY AND Mayor Philips:48
EXECUTION THEREOF Vice Mayor Welsh: 49
Commissioner Harris:50
Commissioner Liebman:51
________________________Commissioner Gil:52
CITY ATTORNEY 53
79
Proposal 2020-101
TOMKA, LLC - CGC 1526398
2250 SW 3rd AVE SUITE 201
06 November 2020
City of South Miami
6130 Sunset Dr
South Miami, FL 33143 Miami, FL 33129
Details
1.Submit shop drawings for city approval
2.Permit process and acceptance
3.Prepare site for fence installation
4.Furnish and Install new aluminum 42' high fence (200 Linear FT)
5.Furnish and Install two pedestrian gates (4 FT Width)
Fence Specs:
- Aluminum 3-Rail Flat Top
- Length: Approximately 200 linear ft.
- Height: 42” above ground
- Post Spacing: 72 1⁄2 on center
- Pickets: 1” x 1”
- Post: 2” x 2”
- Rails: 1” x 2”
- Post Caps: Flat Cap
- Color: Black
6. Clean up
7. Disposal
TOTAL COST: $15,950.00
Notes:
- Permit fee included in this proposal
- Permit drawing by aerial picture (no survey)
- Engineering and calculations included
- Labor, material & delivery included
- This proposal is valid for 30 days
1/1
Sincerely,
TOMKA LLC
PERIMETER FENCE INSTALLATION AT LUDLAM GLADES PARK
80
10805 NW 22 Street, Miami, Florida 33172 Quote:
Phone: (305) 471-8922 Fax: (305) 471-8925 Quote No.: 31416
www.gomezfence.com Quote Date: Nov 12, 2020
Valid Until: Dec 11, 2020
BILL TO CUSTOMER:
City of South Miami
6130 Sunset Drive
South Miami
Florida
33143
(786) 367-4933
JOB ADDRESS PROJECT:
7435 SW 66th Avenue
Miami
Florida
33143
Salesperson: Albert Aguirre Subject: Ludlum Glades Park - 42" High Aluminum Picket Fence and Gates
Contact Name: Quentin Pough Visited Lead:Mauricio Aguero
S.No. Product Details
Qty List Price Total
1. Aluminum Picket Fence and Gates
Furnish and Install 200 LF of 42" High 3 - Rail Aluminum Picket Fence with the following gate schedule:
2 - 42" High by 4' Wide Single Swing Aluminum Picket Gates.
Materials shall be as follows:
- Fence Post shall be 2" Sq. by 0.125 Ga. Aluminum spaced at 6' O.C. Max
- Top, Middle, and Bottom Horizontal Rail shall be 1" x 2" x 0.125 Ga. Aluminum
- Fence pickets shall be 1" Sq. by 0.093 Ga. Aluminum spaced at 4" O.C. Max
- Gate frame shall be 2" Sq. by 0.125 Ga. Aluminum
- All fittings and accessories shall be in aluminum to match new fence and gates.
- Standard black powder coated paint finish is included in proposal
- Fence post shall be set in a minimum 12" diameter by 24" deep concrete footing.
Exclusions:
- Site Survey
1 $ 14,980.00 $ 14,980.00
2. Engineering Calculations
Provide Engineered signed and sealed shop drawings with wind load calculations.
1 $ 1,000.00 $ 1,000.00
3. Permit Fees
Permit Fee
1 $ 500.00 $ 500.00
Sub Total:$ 16,480.00
Tax:$ 0.00
Retention:$ 0.00
Grand Total:$ 16,480.00
Terms and Conditions:
All quotes are valid for 30 days from the date of the quote. The person signing this quote as agent of Customer warrants that Customer agrees to the terms and conditions stated herein. Customer and Gomez & Son Fence
Corp. (“Seller”) shall collectively be referred to as the “Parties.” Upon Customer signing here under, Seller shall begin performing its work and Customer shall be obligated to pay for same at the costs stated herein as
further amended by subsequent change orders. Customer shall provide Seller with an equitable adjustment in time and cost for all setbacks to the Project including demobilization and mobilization costs. Customer shall
have 90 days to pay all invoices associated with this quote or subsequent change orders. Time is of the essence with respect to all payments. If Customer fails to timely pay an invoice, then Customer shall be deemed to be
in breach of the Parties’ agreement. Customer shall be liable for all attorneys’ fees and costs related to Seller’s collection efforts against Customer arising from Customer’s breach of the terms and conditions stated herein.
Any invoice that is not timely paid shall accumulate interest at 1.5% per month. Customer agrees to pay Seller $600.00 per additional policy endorsement required for the Project.
The Parties agree that the terms and conditions stated herein shall be construed pursuant to the laws of the State of Florida and that the sole jurisdiction and venue for any
dispute between the Parties arising from this quote or these terms and conditions shall be Miami-Dade County, Florida.
Approved By:
Print Name: _________________________________________ As Authorized Agent for the Customer
Date: ____________________________
81
1/2
PROPOSAL 19140 November 02, 2020
From: ORLANDO FERNANDEZ
Phone: 786 258 3719
Fax: 786 701 3903
E-mail: Cunanobuilders@gmail.com
To:
CITY MANAGER
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Re: Ludlam Glades Park Perimeter Fence
Thank you for giving CUNANO BUILDERS CORPORATION the opportunity to present you a
proposal for the installation of a new fence at Ludlam Glades Park. Below you will find the
details of our proposal.
SCOPE OF WORK:
Perimeter Fence Installation
TOTAL PRICE THIS PROPOSAL: $17,450.00
-Furnish, supply, and install a new perimeter aluminum fence system (approximately 200 LF)
and (2) pedestrian gates.
* Aluminum 3-Rail Flat Top (standard bottom)
* Length: Approximately 500 linear ft.
* Height: 42” above ground
* Post Spacing: 72 1⁄2 on center
* Picket Spacing: 3 5/8” or no more than 4”
* Pickets: 1” x 1”
* Post: 2” x 2”
* Rails: 1” x 2”
* Post Caps: Flat Cap
* 2 Swing Gates: High: 42” Width: 48”
* Color: Black
Please see specs on attached shop drawing
82
2/2
ACCEPTANCE
The above prices, specifications and conditions are satisfactory and are hereby accepted.
This proposal is valid for 30 days. Any changes or modifications to the specifications or
description of the project will affect the cost and will need to be adjusted accordingly. Cunano
Builders Corp. is hereby authorized to furnish the labor required to complete the work
described above for which the owner agrees to pay the amount quoted, and according to the
terms thereof. The owner shall make the final payment within five days after final completion
and inspection. Owner agrees to pay all court costs and attorneys fees should legal means be
necessary for collection.
Accepted:
_
Owner Representative’s Signature: Date
_
Owner Representative’s Printed Name:
Note:
Materials, labor, tools and cleanup are included in this proposal
Engineering and calculations are included in this proposal
Permit fees are included in this proposal
Survey is not included in this proposal
83
84
85
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A Resolution canvassing the election returns of the Special Election held November 3, 2020 and declaring
results of said election. 3/5 (City Clerk)
Suggested Action:
Attachments:
Res CanvassingNov3-2020SpElectionResultsCArev.doc
2020.11.13 Certification Letter - Miam-Dade County Supervisor of Elections.pdf
2020 Charter as Amended 11-03-20.doc
86
Page 1 of 2
RESOLUTION NO. _______________1
2
A Resolution canvassing the election returns of the Special Election 3
held November 3, 2020 and declaring results of said election.4
5
WHEREAS,the Miami-Dade County Canvassing Board, has examined the 6
election results of the Special Election of the City of South Miami, Florida, held in 7
conjunction with Miami-Dade County’s General Election on November 3, 2020, as 8
certified by the Supervisor of Elections and declare the said election results to be proper 9
and correct and, having counted and recorded the absentee ballots in the manner provided 10
by law; and11
12
WHEREAS,the total of votes cast in said election for the charter amendments13
are as follows:14
15
Referendum 116
17
Referendum amending ARTICLE II, SECTION 6. D. of the City of South 18
Miami Charter19
20
Should ARTICLE II, SECTION 6. D. of the City Charter be amended to change21
voting requirements to make land use and development regulations less restrictive 22
Citywide from a unanimous 5 out of 5 to a supermajority of 4 out of 5 votes?23
24
Yes 2,94025
No 3,06626
27
Referendum 228
29
Referendum amending ARTICLE V, SECTION 2. A. of the City of South 30
Miami Charter31
32
Should the City Charter be amended to change the month and day, when the City 33
of South Miami holds its general elections, from February of each even year to 34
the date of the national elections of each even year commencing in 2022 by 35
amending ARTICLE V, SECTION 2. A., resulting in 9-month extension of 36
current elected official’s term and with the intention of increasing voter turnout37
and decreasing the cost of the general elections?38
39
Yes 3,98340
No 2,05141
:and42
43
WHEREAS,Referendum 1 failed and Referendum 2 passed.44
45
87
Page 2 of 2
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 1
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;2
3
Section 1.The foregoing recitals are hereby ratified and confirmed as being true 4
and they are incorporated into this resolution by reference as if set forth in full herein.5
6
Section 2. Referendum 2 is hereby adopted and incorporated into the 7
appropriate sections of the Charter.8
9
Section 3.Corrections.Conforming language or technical scrivener-type 10
corrections may be made by the City Attorney for any conforming amendments to 11
be incorporated into the final resolution for signature.12
Section 4. Severability.If any section clause, sentence, or phrase of this 13
resolution is for any reason held invalid or unconstitutional by a court of 14
competent jurisdiction, the holding shall not affect the validity of the remaining 15
portions of this resolution.16
17
Section 5. Effective Date.This resolution shall become effective 18
immediately upon adoption.19
20
21
PASSED AND ADOPTED this ____ day of ___________, 2020.22
23
ATTEST:APPROVED:24
25
26
_____________________________________________________27
CITY CLERK MAYOR28
29
READ AND APPROVED AS TO FORM,COMMISSION VOTE:30
LANGUAGE, LEGALITY AND Mayor Philips:31
EXECUTION THEREOF Vice Mayor Welsh: 32
Commissioner Liebman:33
Commissioner Harris:34
_____________________________Commissioner Gil:35
CITY ATTORNEY 36
88
MIAMI .•
[j·M ......
Elections
2700 NW 871 h Avenue
Miam i, Fl ori da 33 172
T 305-499-VOTE F 305-499-8547
ny: 305-499-8480
mi am id ade.gov
CERTIFICATION
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
I, Christina White, Supervisor of Elections for Miami-Dade County, Florida, do hereby certify
that the attached is a true and correct copy of the Official Results for the Miami-Dade County
General Election conducted on November 3, 2020 , which included the South Miami Special
Election:
Referendum 1
Referendum amending ARTICLE II, SECTION 6. D. of the City of South Miami Charter
Referendum 2
Referendum amending ARTICLE V, SECTION 2. A. of the City of South Miami Charter
WITNESS MY HAND AND
OFFICIAL SEAL, AT MIAMI,
MIAMI-DADE COUNTY, FLORIDA,
ON THIS 13 TH DAY OF NOVEMBER, 2020
Enclosure
Supervisor of Elections
Miami-Dade County
~ -
;..: ',,;
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 1 of 40
CITY OF SOUTH MIAMI
CHARTER
110
SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 2 of 40
TABLE OF CONTENTS
PREAMBLE TO THE CHARTER FOR THE CITY OF SOUTH MIAMI ........................................................ 4
MIAMI-DADE COUNTY’S CITIZENS’ BILL OF RIGHTS........................................................................... 4
ARTICLE I AUTHORITY AND FORM OF GOVERNMENT....................................................................... 8
SECTION 1.Name ........................................................................................................................ 8
SECTION 2.Existence................................................................................................................... 8
SECTION 3.Boundaries................................................................................................................ 8
SECTION 4.Form of Government ................................................................................................ 8
SECTION 5.Authority .................................................................................................................. 8
ARTICLE II CITY COMMISSION............................................................................................................ 9
SECTION 1.Composition ............................................................................................................. 9
SECTION 2.Mayor ....................................................................................................................... 9
SECTION 3.Compensation .......................................................................................................... 9
SECTION 4.Vacancies.................................................................................................................. 9
SECTION 5.Meetings................................................................................................................. 11
SECTION 6.Ordinances ............................................................................................................. 11
SECTION 7.Officers ................................................................................................................... 15
SECTION 8.Boards and Committees ......................................................................................... 16
SECTION 9.Investigations ......................................................................................................... 17
SECTION 10.Civil Service/Merit System .................................................................................. 17
SECTION 11.Departments ....................................................................................................... 17
ARTICLE III THE CITY MANAGER....................................................................................................... 18
SECTION 1.Appointment .......................................................................................................... 18
SECTION 2.Qualifications ......................................................................................................... 18
SECTION 3.Removal .................................................................................................................. 18
SECTION 4.Acting City Manager .............................................................................................. 18
SECTION 5.Powers and Duties .................................................................................................. 19
ARTICLE IV FINANCE......................................................................................................................... 21
SECTION 1.Fiscal Year............................................................................................................... 21
SECTION 2.Budget .................................................................................................................... 21
SECTION 3.Revenues ................................................................................................................ 22
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SECTION 4.Administration........................................................................................................ 23
ARTICLE V ELECTIONS ...................................................................................................................... 24
SECTION 1.Qualifications ......................................................................................................... 24
SECTION 2.General Elections .................................................................................................... 25
SECTION 3.Special Elections ..................................................................................................... 26
SECTION 4.Runoff Elections ...................................................................................................... 26
SECTION 5.Procedures .............................................................................................................. 26
SECTION 6.Initiative and Referendum ...................................................................................... 27
ARTICLE VI GENERAL PROVISIONS................................................................................................... 31
SECTION 1.Conflict of Interest .................................................................................................. 31
SECTION 2.Bonding .................................................................................................................. 31
SECTION 3.Publication Requirement ........................................................................................ 31
SECTION 4.Franchise ................................................................................................................ 31
SECTION 5.Powers of the City .................................................................................................. 33
SECTION 6.Autonomy ............................................................................................................... 33
SECTION 7.Amendments .......................................................................................................... 33
SECTION 8.Ratification ............................................................................................................. 33
SECTION 9.Invalidity ................................................................................................................. 34
SECTION 10.Acceptance ......................................................................................................... 34
SECTION 11.Repeal ................................................................................................................. 34
SECTION 12.Transition ............................................................................................................ 34
Schedule (A) Boundaries.................................................................................................................. 36
(Amended 2/11/14)
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PREAMBLE TO THE CHARTER FOR THE CITY OF SOUTH MIAMI
We, the people of the City of South Miami, in order to secure for ourselves the benefits and
responsibilities of Home Rule, and in order to provide a municipal government to serve our
present and future needs, and recognizing that the City exists for the purpose of providing for the
health, happiness, education, safety and welfare of it citizenry, do hereby adopt this Charter. The
City Commission and all of its boards, committees and employees shall at all times conduct
themselves in accordance with common courtesy and consistent with the Code of Ethics of the
State of Florida and Miami-Dade County. (Amended 2/11/14)
MIAMI-DADE COUNTY’S CITIZENS’ BILL OF RIGHTS
(A)This government has been created to protect the governed, not the governing. In order
to provide the public with full and accurate information, to promote efficient administrative
management, to make government more accountable, and to insure to all persons fair and
equitable treatment, the following rights are guaranteed:
1.Convenient access.Every person has the right to transact business with the County and
the municipalities with a minimum of personal inconvenience. It shall be the duty of the County
manager and the Commission to provide, within the county’s budget limitations, reasonably
convenient times and places for registration and voting, for required inspections, and for
transacting business with the City.
2.Truth in government. No County or municipal official or employee shall knowingly furnish
false information on any public matter, nor knowingly omit significant facts when giving
requested information to members of the public.
3.Public records.All audits, reports, minutes, documents and other public records of
the County and its boards, agencies, departments and authorities shall be open for inspection at
reasonable times and places convenient to the public.
4.Minutes and ordinance register.The Clerk of the City Commission shall maintain and
make available for public inspection an ordinance register separate from the minutes showing
the votes of each member on all ordinances and resolutions listed by descriptive title. Written
minutes of all meetings and the ordinance register shall be available for public inspection not
later than 30 days after the conclusion of the meeting.
5.Right to be heard.So far as the orderly conduct of public business permits, any
interested person has the right to appear before the Commission or any municipal Board or
agency, or department for the presentation, adjustment or determination of an issue, request or
controversy within the jurisdiction of the governmental entity involved. Matters shall be
scheduled for the convenience of the public, and the agenda shall be divided into approximate
time periods so that the public may know approximately when a matter will be heard. Nothing
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herein shall prohibit any governmental entity or agency from imposing reasonable time limits for
the presentation of a matter.
6.Right to notice.Persons entitled to notice of a county or municipal hearing shall be
timely informed as to the time, place and nature of the hearing and the legal authority pursuant
to which the hearing is to be held. Failure by an individual to receive such notice shall not
constitute mandatory grounds for cancelling the hearing or rendering invalid any determination
made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a
reasonable time prior to the hearing, unless the matter involves an emergency ordinance or
resolution.
7.No unreasonable postponements.No matter once having been placed on a formal
agenda by the county or any municipality shall be postponed to another day except for good
cause shown in the opinion of the county Commission, the municipal council or other
governmental entity or agency conducting such meeting, and then only on condition that any
person so requesting is mailed adequate notice of the new date of any postponed meeting.
Failure by an individual to receive such notice shall not constitute mandatory grounds for
cancelling the hearing or rendering invalid any determination made at such hearing.
8.Right of public hearing.Upon a timely request of any interested party public hearing
shall be held by any county or municipal agency, board, department or authority upon any
significant policy decision to be issued by it which is not subject to subsequent administrative or
legislative review and hearing. This provision shall not apply to the law department of the county
or of any municipality, not to any body whose duties and responsibilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party or his
counsel shall be entitled to present his case or defense by oral or documentary evidence, to
submit rebuttal evidence, and to conduct such cross-examination as may be required for a full
and true disclosure of the facts. The decision of any such agency, board, department or authority
must be based upon the facts in the record. Procedural rules establishing reasonable time and
other limitations may be promulgated and amended from time to time.
9.Notice of action and reasons. Prompt notice shall be given of the denial in whole or in
part of a request of an interested person made in connection with any county or municipal
administrative decision or proceeding when the decision is reserved at the conclusion of the
hearing. The notice shall be accompanied by a statement of the grounds for denial.
10.Managers’ and attorneys’ reports.The county manager and county attorney and each
city manager and city attorney shall periodically make a public status report on all major matters
pending or concluded within their respective jurisdictions.
11.Budgeting.In addition to any budget required by state statute, the county manager
shall prepare a budget showing the cost of each program of each budget year. Prior to the
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county Commission’s first public hearing on the proposed budget required by state law, the
county manager shall make public a budget summary setting forth the proposed cost of each
individual program and reflecting the personnel for each program, the purpose therefor, the
estimated millage cost of each program and the amount of any contingency and carry over funds
of each program.
12.Quarterly budget comparisons.The county manager shall make public a quarterly
report showing the actual expenditures during the quarter just ended against one quarter of the
proposed annual expenditures set forth in the budget. Such report shall also reflect the same
cumulative information for whatever portion of the fiscal year that has elapsed.
13.Adequate audits.An annual audit of the county and each municipality shall be made
by an independent certified public accounting firm in accordance with generally accepted
auditing standards. A summary of the results, including any deficiencies found, shall be made
public. In making such audit, proprietary functions shall be audited separately and adequate
depreciation on proprietary facilities shall be accrued so the public may determine the amount of
any direct or indirect subsidy.
14.Regional offices.Regional offices of the county’s administrative services shall be
maintained at locations in the county for the convenience of the residents.
15.Financial disclosure.The Commission shall by ordinance make provisions for the filing
under oath or affirmation by all county and municipal elective officials, candidates for county and
municipal elective offices, such employees as may be designated by ordinance, and such other
public officials, and outside consultants who receive funds from the county or municipalities
within the county and who may legally be included, or personal financial statements, copies of
personal federal income tax returns, or itemized source of income statements of income
statements. Provisions shall be made for preparing and keeping such reports current from time
to time, and for public disclosure.
The Commission shall also make provisions for the filling annually under oath of a report
by full-time county and municipal employees of all outside employment and amounts received
therefrom. The county manager or any city manager may require monthly reports from
individual employees or groups of employees for good cause.
16.Representation of public.The Commission shall endeavor to provide representation at
all proceedings significantly affecting the county and its residents before state and federal
regulatory bodies.
17.Commission on Ethics and Public Trust.The County shall, by ordinance, establish an
independent Commission on Ethics and Public Trust comprised of five members, not appointed
by County Commission, with the authority to review, interpret, render advisory opinions and
enforce the county and municipal code of ethics ordinances, conflict of interest ordinances,
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lobbyist registration and reporting ordinances, ethical campaign practices ordinances, when
enacted, and citizens’ bill of rights.
(A)The foregoing enumeration of citizens’ rights vests large and pervasive powers in the
citizenry of Dade County. Such power necessarily carries with it responsibility of equal magnitude
for the successful operation of government in the county. The orderly, efficient and fair
operation of government requires the intelligent participation of individual citizens exercising
their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of
government because of the exercise of individual prerogatives, and for individual citizens to grant
respect for the dignity of public office.
(B)Remedies for violations. In any suit by a citizen alleging a violation of this article filed with
the Miami-Dade Commission on Ethics and Public Trust, the charging party, if successful, shall be
entitled to recover costs as fixed by the court. Any public official or employee who is found by
the Commission to have willfully violated this article shall forthwith forfeit his office or
employment. (Amended 2/11/24)
(C)Construction. All provisions of this article shall be construed to be supplementary to and
not in conflict with the general laws of Florida. In any part of this article shall be declared invalid,
it shall not affect the validity of the remaining provisions. (Amended 3/12/96)
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CHARTER
CITY OF SOUTH MIAMI
ARTICLE I
AUTHORITY AND FORM OF GOVERNMENT
SECTION 1.Name
The present municipal government existing under the name "City of South Miami" shall
continue to exist and shall continue to be known as "City of South Miami".
SECTION 2.Existence
This municipal corporation shall have perpetual succession.
SECTION 3.Boundaries
The legal description of the boundaries of the City of South Miami is attached to the end
of this Charter as Schedule (A) (Amended 2/8/00)
SECTION 4.Form of Government
This City shall have a Commission-Manager government.
SECTION 5.Authority
This Municipal Corporation shall have all the rights, privileges and immunities which may
have been or hereafter be granted under the Constitution and General Laws of the State of
Florida and such other rights, privileges and immunities which may have been or may hereafter
be granted under general acts of the legislature of the State of Florida, including but not by way
of limitation, the rights, privileges and immunities under the Home Rule Amendment, Article 8,
Section 2 of the Constitution of the State of Florida, and any amendments thereto which have
been or may hereafter be enacted.
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ARTICLE II
CITY COMMISSION
SECTION 1.Composition
The Commission shall consist of a Mayor and four Commissioners.
SECTION 2.Mayor
The Mayor shall preside at meetings for the City Commission and shall be recognized as
Head of the City government for ceremonial purposes. The Vice-Mayor shall serve for a two (2)
year term and shall be the Commissioner receiving the greatest number of votes in the preceding
general election. (See Art.V,Sec.2A)
SECTION 3.Compensation
The annual salaries and expense accounts of the Commission shall be prescribed by
ordinance adopted prior to approval of the annual budget. Increases in salaries and expense
accounts of the Commission shall take effect after the next general election. Decreases shall take
effect upon approval of the budget. (Amended 2/8/00)
SECTION 4.Vacancies
*The Office of a Commissioner shall become vacant upon his or her death, resignation,
removal from office in any manner authorized by law, or by forfeiture of his or her office.
A.Forfeiture of Office. A Commissioner shall forfeit office if he or she (1) lacks at any
time during his or her term of office any qualification for the office prescribed by this Charter or
by the General Laws of the State of Florida, (2) willfully and intentionally violates any express
prohibition of this Charter, (3) is suspended from office by the Governor of the State of Florida,
or removed from office by the Florida Senate, by a court of competent jurisdiction, or by
operation of the law; (4) is convicted of a felony or crime involving moral turpitude, or (5) fails to
attend four consecutive regular meetings of the Commission without being excused by the
Commission. Grounds for forfeiture for (1) and (2) will be determined by a court of competent
jurisdiction. Grounds for forfeiture of (3), (4) and (5) will be determined by the City Commission.
(Amended 2/8/00)
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ARTICLE II (Cont’d)
B.Filling of Vacancies.
1.Any vacancy on the Commission, which occurs for less than nine months before the next
general election shall be filled for the unexpired term by the Commission within 30 days from the
date of the vacancy. If the Commission fills the vacancy within the prescribed time, the person
appointed by the Commission shall serve in that capacity only until the next general election. If
the Commission fails to make the appointment within 30 days, the vacancy shall be filled by a
regular or special election to be held no less than 45 days nor more than 60 days from the date of
the vacancy. In the event a Commission member resigns to run for the office of Mayor, the
Commission shall notify the City Clerk in writing of his or her intention to qualify for that office no
later than 15 days before the beginning of qualification for the next election.
2.In the event a vacancy occurs more than nine months prior to the next general election,
the Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a
special election being held not less than 30 days nor more than 60 days after the vacancy exists.
3.If the vacancy occurs in the Office of Mayor and the Commission selects a member of the
Commission as Mayor, a vacancy shall exist on the Commission. If the person selected as Mayor
has an unexpired term as Commissioner extending beyond the time of the next general election,
the person shall elect to either quality for the office of Mayor by notifying the City Clerk in writing
of his or her intention to qualify for the office of Mayor no later than 15 days before the deadline
for qualification for the next general election. Qualifying for the office of Mayor shall create a
vacancy on his or her seat as Commissioner for the unexpired term. If the person does not
qualify for the office of Mayor, he or she shall be considered as serving temporarily as Mayor and
shall revert automatically to the unexpired term to which he or she was elected.
4.No person who has forfeited an office on the Commission shall be qualified to run for
office to fill the vacancy created by the forfeiture.
5.If at any time the membership on the City Commission is reduced to less than four
members because of suspension, removal or forfeiture of office, the remaining members of the
Commission shall, by majority vote, appoint additional interim Commission members and shall
schedule a special election to be held no less than 30 days nor more than 60 days after the loss of
a quorum to fill any vacancy that exists for more than nine months prior to the next general
election.
6.In the event that all members of the City Commission are removed by death, resignation,
suspension, removal, or forfeiture of office, the Governor of the State of Florida shall appoint an
interim City Commission and the City Clerk shall schedule a special election to be held not less
that 30 days nor more than 60 days after the occurrence of the last vacancy to fill all vacancies
that exist for more than nine months prior to the next general election. (Amended 2/8/00)
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ARTICLE II (Cont’d)
SECTION 5.Meetings
A.Attendance. All meetings of the City Commission shall be public with the
exception of properly called Executive Session meetings. (Amended 2/11/14)
B.Special Meetings. Special meetings may be held upon call by the Mayor or three
or more Commissioners. Written notice of the meeting shall be delivered to the members of the
Commission by the City Clerk not less than 24 hours before the meeting is held. No business shall
be transacted at any special meeting other than that for which the meeting was called. The 24-
hour time limit may be waived in time of public emergency affecting life, health, property or
safety. (Amended 2/8/00)
C.Regular Meetings. The Commission shall meet regularly at such times and places
as may be prescribed by its rules but not less frequently than twice each month.
D.Procedure. The Commission shall fix its rules of procedure and order of business
or, in the absence of applicable rules, it shall follow Robert's Rules of Order (Revised).
E.Record. The Commission shall keep a permanent written public record of its
proceedings.
F.Quorum.Four members of the Commission shall constitute a quorum for a
regular meeting and three members shall constitute a quorum for a special meeting.
SECTION 6.Ordinances
The City Commission shall act only by ordinance or written resolution and those acts of
the City Commission shall be by ordinance which:
(1)Adopt or amend an administrative code or establish, alter or abolish any City
Department
(2)Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed.
(3)Levy taxes.
(4)Grant, renew or extend a franchise and regulate public utilities service rates.
(5)Authorize borrowing of money. (Amended 2/11/14)
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ARTICLE II (Cont’d)
(6)Convey or lease or authorize the conveyance or lease of any property of the City.
A.Form. Every proposed ordinance shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain more than one subject, which shall be
clearly expressed in its title. The enacting clause shall be “BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.” (Amended 2/8/00)
Any ordinance, which repeals or amends an existing ordinance or part of the City Code
shall clearly identify in the title the ordinance or section of the code that it seeks to repeal or
amend. (Amended 2/8/00)
B.Introduction. An ordinance or resolution may be introduced by any member at
any regular meeting of the City Commission.
(1)Procedure After introduction of any ordinance, the City Clerk shall prepare
a number of copies and shall distribute a copy to each member of the Commission and to the
Manager. The City Clerk shall also file a reasonable number of copies in the office of the City
Clerk and such other public places as the Commission may designate, together with a notice
setting out the time and place for a public hearing thereon and for its consideration by the
Commission.
(2)Public Hearings. A public hearing shall follow the introduction of the
ordinance and publication by at least ten (10) days prior to the public hearing and may be held
separately or in conjunction with the regular City Commission meeting. All interested persons
shall have an opportunity to be heard. (Amended 2/11/14)
(3)Readings. Each ordinance shall be read by only the title at both first and
second readings and shall be considered at no less than two meetings of the Commission unless
declared emergency. If an ordinance is materially amended upon the second reading, a third
reading shall be required at a subsequent meeting of the Commission. (Amended 2/94)
C.Effective Date. Except as otherwise provided, every adopted ordinance shall
become effective upon execution or any other date specified therein. (Amended 2/11/14)
D.Voting Procedure. Voting shall be by roll call. The “yeas” and “nays” shall be
recorded individually in the minutes of each meeting.
No Commission member shall be excused from voting as required by law. (Amended
2/8/00)
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ARTICLE II (Cont’d)
1.Requirements for Adoption. All resolutions or ordinances shall be adopted by no
less than three affirmative votes of the City Commission. (Amended 2/8/00)
Except as otherwise provided in this Charter, four affirmative votes of the City
Commission shall be required in the following instances: (Amended 2/8/00, 11/04/08, 2/9/10, &
8/28/18)
To issue bonds or borrow money
To grant, renew or amend any lease or franchises
To transfer title to property
To appropriate or expend non-budgeted funds
To approve an initiatory ordinance pursuant to Article V
To amend land use and development regulations in any manner in the
City's Commercial Core which is defined as the area encompassed by the
following roadways: from the point of beginning at SW 62nd Avenue and
US1, then north on SW 62nd Avenue to SW 69th Street, then east to SW
59th Place, then north to SW 68th Street, then east to SW 57th Avenue,
then south to SW.74th Street, then west to SW 61st Avenue, then west
to US1, then southwest on US1 to the point of beginning.
Except as otherwise provided in this Charter, five affirmative votes of the City Commission
shall be required to approve the actions indicated below:
To amend land use and development regulations in any manner to make them less
restrictive in all areas of the City, other than in the City’s Commercial Core, as defined
above
To issue bonds or borrow money in excess of five percent of the city’s current
operating budget
2.Emergency Ordinances.To meet a public emergency affecting life, safety, health,
property or the public peace, the Commission may adopt one or more emergency ordinances,
but an emergency ordinance may not grant, renew or extend a franchise or authorize the
borrowing of money except as provided in this Charter. An emergency ordinance will be
introduced in the form and manner prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing it in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or rejected at the meeting at
which it is introduced.
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The affirmative vote of four members present shall be required for the adoption of an
emergency ordinance. After its adoption, the ordinance shall be published as prescribed for
other adopted ordinances. It shall become effective upon adoption or at such later date as it may
specify. Every emergency ordinance shall automatically stand repealed as of the 31st day
following the date on which it was adopted but this shall not prevent re-enactment of the
ordinances in the manner specified in this section, if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance in the same manner
specified in this section for adoption of emergency ordinances. (Amended 2/8/00)
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ARTICLE II (Cont’d)
SECTION 7.Officers
A.Appointments. The Commission shall appoint the following, who shall be officers
of the City who shall serve at the pleasure of the Commission:
1.A City Manager as prescribed in Article III.
2.A City Attorney and such Assistant City Attorneys as may be necessary who shall
act as the legal advisor for the municipality and all of its officers in matters relating to their
official powers and duties. The City Attorney shall be a lawyer of at least five years practice in the
Courts of the State of Florida immediately preceding the time of his or her appointment. He or
she shall prepare or review all ordinances, resolutions, contracts, bonds and other written
instruments in which the municipality is concerned and shall endorse on each his or her approval
of the form, language and execution thereof. When required by the Commission, he or she shall
prosecute and defend, for and in behalf of the City, all complaints, suits, and controversies in
which the City is a party, before any Court or other legally constituted tribunal; he or she shall
render such opinions on legal matters affecting the City as the Commission may direct; and he or
she shall perform such other professional duties as may be required of him or her by Ordinance
or Resolution of the Commission or by this Charter.
3.A City Clerk and such deputies that may be necessary, who shall give notice and
attend all Commission meetings, keep the minutes and records of all of the proceedings of the
Commission, preserve all books, papers and writing of all kinds committed to his or her care
during his or her tenure; keep the corporate seal of the City and affix the seal when lawfully
directed; administer oaths; have charge of the conduct of municipal elections;; and perform such
other duties as shall be required by this Charter or by General Laws of the State of Florida unless
restricted by the Home Rule Amendment provisions of Miami-Dade Dade County. (Amended
2/8/00) (Amended 2/11/14)
B.Compensation The salaries and expense accounts of all officers shall be
prescribed by ordinance and fixed in the annual budget.
C.Vacancies The City Commission shall have power in the absence, sickness or
disqualification of any of these officers to appoint a successor and should the Commission not do
so within thirty (30) days after such occurrence, it shall be the duty of the Mayor to appoint a
successor.
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ARTICLE II (Cont’d)
SECTION 8.Boards and Committees
A.Appointments When a Board or Committee is comprised of five members, each
City Commissioner shall appoint one person to serve as a representative on the Board or
Committee. When there are more than five (5) members on a Board or Committee, each City
Commissioner shall appoint one person to serve as a representative on the Board or Committee,
and all members of such Board or Committee in excess of five (5) shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations submitted by any City
Commissioner. When a Board or Committee has less than five (5) members, then the selection of
all members shall be by three (3) affirmative votes of the City Commission from
recommendations submitted by any City Commissioner. (Amended 2-09-10)
B.Ordinance Provisions For any Board or Committee hereinafter established by
ordinance or resolution, the Commission, shall provide for the following: (Amended 2/11/14)
(1)number of members and who appoints or nominates them, including any
qualifications required.
(2)term of members
(3)quorum for meetings
(4)duties of boards and committees
(5)presentation of actions of the board or committee to City Commission
(2/8/00) (Amended 2/11/14)
C.Planning Board There shall be a Planning Board composed of residents of South
Miami. No duly elected official, officer or employee of the City shall be an appointee hereunder.
Notwithstanding any other provision of Article II, but not by way of limitation, the ordinance
creating this Board shall contain the following provisions: (Amended 2/11/14)
1. The Planning Board shall be a continuous body and shall be composed of seven (7)
members. The Board shall investigate and recommend to the Commission such changes in the
boundaries of the various use districts, zoning regulations, use of land and type of construction,
locations and use of all structures on any valid appointment submitted to it. (Amended 2/11/14)
In arriving at its recommendations, the Board shall consider, but not by way of limitation,
the character of the area, the suitability of particular uses, the conservation of the property
values and the direction of building development. In addition, the Board shall investigate and
make recommendations to the Commission on matters affecting redevelopment, rehabilitation,
conservation and renewal progress toward the alleviation of a slum or blighted areas and such
other conditions as may injuriously affect the City.
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ARTICLE II (Cont’d)
2. Any recommendations of the Board which affect use of land or structures or concern
redevelopment, rehabilitation, conservation or renewal shall not be adopted by the City
Commission until a public hearing thereon. No application for zoning changes shall be filed in the
name of the City without prior approval of the City Commission. There shall be no change in
zoning or any amendment to the zoning laws unless proposals for such changes have first been
received by the Planning Board.
SECTION 9.Investigations
Notwithstanding any other provisions of this Charter, the Commission or its authorized
representative or representatives may make investigation into the affairs of this City and the
conduct of any City department, Board, Officer or Agency and for this purpose may subpoena
witnesses, administer oaths, take testimony and require the production of evidence. Any person
who fails to obey a lawful order issued in the exercise of these powers by the Commission shall
be guilty of a misdemeanor and punishable by a fine of not more than $500.00 or by
imprisonment for not more than six months, or both.
SECTION 10.Civil Service/Merit System
The City Commission shall establish a civil service system or a merit system covering and
embracing the salaried employees of the City of South Miami, except where in conflict with any
other provisions of this Charter.
SECTION 11.Departments
Except as may be otherwise provided by statute or this Charter, the Commission shall
establish, by ordinance, such departments of the City as it deems necessary or advisable and
prescribe the functions of all departments, and duties, authorities and responsibilities of the
department heads. (Amended 2/8/00)
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ARTICLE III
THE CITY MANAGER
SECTION 1.Appointment
The City Commission shall appoint a City Manager by the affirmative vote of a majority of
the members of the City Commission.
SECTION 2.Qualifications
The Manager shall be appointed solely on the basis of his or her executive and
administrative qualifications with specific reference to his or her professional training and
experience in municipal government. He or she shall be a graduate of a recognized school of
government or have experience equivalent thereto.
SECTION 3.Removal
The City Commission may remove the City Manager from office by affirmative vote of a
majority of all of its members, with or without cause. If his or her removal is without cause, the
City
Manager shall receive his or her salary for thirty (30) days immediately following the adoption of
the resolution removing him or her from office. The City Manager, after ninety (90) days of
continuous absence shall be removed from office.
SECTION 4.Acting City Manager
A.Recommendation The Manager may recommend, by letter filed with the City
Clerk, subject to the approval of the Commission, a qualified City administrative officer to
exercise the powers and perform the duties of the Manager during any temporary absence or
disability. Such acting City Manager shall not serve for a period longer than 90 days. During such
absence or disability, the Commission may decline such recommendation at any time and appoint
another officer of the City to serve until the Manager shall return or his disability shall cease.
B.Failure to Recommend During such absence or disability as set forth in (A), if the
City Manager fails to recommend an Acting City Manager, the Commission shall name an Acting
Manager to serve at the pleasure of the Commission.
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ARTICLE III (Cont’d)
SECTION 5.Powers and Duties
The City Manager shall be the chief executive officer and head of the administrative
branch of the City government. He or she shall be responsible for the proper administration of all
affairs of the City. He or she shall have the following powers and duties to: (Amended 2/11/14)
A. Appoint and, when necessary for the good of the City, remove any non-elective
officers or employees of the City (excepting those authorized to be appointed and removed by
the City Commission), providing such removal is legally permissible. However, the City Manager
may not appoint any department director without first obtaining the consent of a majority of the
members of City Commission at a duly noticed City Commission meeting. Procedures for
presentation of the Manager’s candidates to the City Commission may be specified by ordinance.
(Amended 11/02/10) (Amended 2/11/14)
B.Prepare the budget annually and submit it to the Commission and be responsible
for its administration after adoption.
C.Submit to the Commission and make available to the public a report every month
on the finances and administrative activities of the City, together with his or her
recommendations.
D.Prepare and submit to the Commission at the end of the fiscal year a complete
report on the finances and administrative activities of the City for the preceding year.
E. Direct and supervise the administration of all departments, offices and agencies of
the City, except as otherwise provided by this Charter or by law. (Amended 2/8/00)
F.Attend all Commission meetings with the right to take part in discussion.
G.Perform such other duties as are specified in this Charter or which may be
required by the Commission.
H. Contract for the purchase of any goods or services for any department of the City
in an amount up to and including ($5,000.00. All contracts for goods and services in excess of
$5,000.00 shall be approved by the City Commission. The City Manager shall report all
expenditures to the City Commission monthly. (Amended 2/8/00)
All purchases shall be approved after competitive conditions shall have been maintained
and competitive bids sought from at least three different sources of supply if available, such
determination to be made by the Commission, and, notwithstanding the foregoing, the City may
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ARTICLE III (Cont’d)
make purchases through other governmental agencies that have followed similar bidding
procedures. This subsection does not apply to the purchase of legal and expert services that
have been approved by the City Commission. (Amended 2/8/00)
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ARTICLE IV
FINANCE
SECTION 1.Fiscal Year
The fiscal year of the City of South Miami shall be the same as that set by Miami-Dade
County or its successors. (Amended 2/11/14)
SECTION 2.Budget
A.The City Manager shall submit to the Commission, 60 days prior to the beginning
of the fiscal year, an annual budget together with an explanatory message. The budget, budget
message and all supporting schedules, shall be a public record open to public inspection.
(Amended 2/11/14)
B. Public Hearings The meeting of the Commission at which the budget and budget
message are submitted, shall be held in accordance with State law as may be amended from time
to time. (Amended 11/08/16)
C. Adjustments Any and all adjustments made to the budget after the conclusion of
the public hearing at which the budget and budget message were submitted must be made in
accordance with State law as may be amended from time to time. (Amended 11/08/16)
D. Adoption The budget shall be adopted by three affirmative votes of the City
Commission before the first day of the new fiscal year. Should the Commission take no final
action on or prior to the date, the budget, as submitted, shall be deemed to have been finally
adopted by the Commission, provided that if the provision for funds in any department or
departments exceeds (10%) of the previous year's budget, then as to that department or
departments the Commission shall be deemed to have approved the previous year's budget.
(Amended 2/8/00)
E. Certification A copy of the budget as finally adopted shall be certified by the City
Manager and the budget so certified shall be filed for the use of all offices and departments.
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ARTICLE IV (Cont’d)
F. Modifications
(1) Transfer of Appropriation At the request of the City Manager, the Commission may
at any time transfer, by resolution, any unencumbered appropriation balance or portion thereof
between general classification of expenditure within an office or department. At the request of
the City Manager and within the last three months of the budget year, the Commission may, by
resolution, transfer any unencumbered appropriation balance or portion thereof from one office
or department to another.
(2) Emergency Appropriation In case of disaster or any other circumstance creating an
emergency, the Commission may at any time in any budget year, make an emergency
appropriation for the purpose of repairing damages caused by such disaster or meeting such
public emergency to the end that public health, safety or welfare will be protected. In any
budget year where circumstances creating such an emergency have arisen, the Commission may,
upon recommendation of the City Manager, authorize the borrowing of money by the issuance of
negotiable notes of the City. Such notes shall not exceed 10% of the total operating
appropriations in the current year and may be renewed from time to time; but all such notes,
together with the renewals, shall mature and be paid not later than the end of the fiscal year
after the budget year in which the original notes shall have been issued. Such notes shall not
constitute a general obligation nor a pledge of ad Valorem tax revenues. Notes may not be sold
at less than par and accrued interest at private sale without previous advertisement.
SECTION 3.Revenues
A. Taxation The Commission shall levy such taxes as authorized by law to meet the
appropriations made not later than the next Commission meeting after adoption of the budget as
provided in Article IV, Section 2 D. If the Commission shall refuse or neglect to pass an ordinance
levying the taxes for any budget year, the ordinance last previously passed levying taxes shall
continue in full force and effect and a failure to pass a current ordinance shall in no way
invalidate the collection of any taxes.
B. Bonds The City shall have the power to issue bonds, certificates of indebtedness and
any form of tax anticipation certificates, payable from ad valorem taxation and maturing more
than twelve months after issuance only to finance or refinance capital projects. Voter
referendum approval for bonds and other forms of indebtedness shall be as provided by the
Florida constitution. (Amended 2/8/00)
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ARTICLE IV (Cont’d)
SECTION 4.Administration
A. Control The City Manager shall have charge of the administration of the financial
affairs of the City in accordance with Article III, Section 5.
B. Custody of Public Funds The City Manager shall have custody of all public funds
belonging to or under control of the City or any office or department thereof, and deposit all fund
coming into his or her custody in such depositories as may be designated by Resolution of the
Commission. (Amended 2/11/14)
C. Approval of Expenditures The City Manager shall approve all proposed
expenditures in accordance with the approved budget, but, unless he or she shall certify that
there is an unencumbered balance of appropriation and available funds, no appropriation shall
be encumbered and no expenditure shall be made. (Amended 2/11/14)
D.Multi-annual Contracts No contract involving the payment of money out of the
appropriations of more than one year shall be made for a period of more than five years, nor
shall any such contract be valid unless made or approved by resolution or ordinance adopted by
the Commission after a public hearing. The Commission shall provide budget and appropriate
funds in each succeeding budget for contracts extending more than one year. This section shall
not restrict the term of General Obligation or Revenue Bonds. (Amended 2/14/06) (Amended
2/11/14)
E.Audit The Commission shall designate a qualified Certified Public Accountant who,
at the end of the fiscal year and at such other times as ordered by the Commission, shall make an
independent examination in accordance with generally accepted auditing standards and review
of accounts and other financial transactions by the City and shall submit such report, together
with recommendations for improving fiscal control, to the Commission and to the City Manager.
The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City
government or any of its officers. The accountant shall not maintain any accounts or records of
the City business, but within specifications approved by the Commission, shall post-audit the
annual financial statements of the City and all accounts kept by any office or department of the
City. The Certified Public Accountant shall not serve as the city’s independent auditor for more
than six consecutive years. (Amended 2/11/20)
F.Performance-based audit.The City Commission shall require a performance-based
audit for each department at least once every five years. (Amended 2/8/00)
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ARTICLE V
ELECTIONS
SECTION 1.Qualifications
A. Voters:Any person who is a duly registered voter of Miami-Dade County and who
has been a legal resident of the City of South Miami for a period of no less than thirty (30) days
immediately before the date of the election.
B. Candidates:The City Clerk shall certify that a candidate for election to the Office
of the Mayor or Commissioner, no less than 60 days prior to a duly scheduled election has:
(Amended 2/11/14)
(1) Exhibited to the Clerk proof that he or she is qualified elector of the City of South
Miami and has continuously resided in the City of South Miami in a structure designated as
residential property for at least one (1) year immediately before the date of the election.
(Amended 2/8/00)
(2) Each person seeking to qualify for nomination or election to a municipal office
shall pay, at the time of qualifying for office, an election assessment fee in addition to a qualifying
filing fee of $100 paid to the City Clerk. The requirements to pay an election assessment fee and
a qualifying fee may be waived as provided by state law. (Amended 2/8/00)
(3) Taken the following prescribed sworn oath:
"I hereby accept the nomination for Mayor/Commissioner, and agree to serve, if elected, and
further that I hereby make the following oath:
State of Florida
County of Dade
Before me, an officer authorized to administer oaths, personally
appeared _______________________________ to me well known, who, being duly sworn, says
that he/she is a candidate for the office of ____________________________, that he/she is a
qualified elector of Miami-Dade County, Florida, and the City of South Miami; and that he/she is
qualified under the Constitution and the laws of Florida, and the Charter of the City of South
Miami to hold the office to which he/she desires to be nominated or elected; that he/she has
taken the oath required by Florida Statutes; that he/she has not violated any of the laws of the
State relating to elections or the registration of electors; that he/she has qualified for no other
public office in the State the term of which office or any part thereof runs concurrent (with that
of) the office he/she seeks; that he/she has resigned from any office (from) which he/she is
required to resign pursuant to ss. 99.012, Florida Statutes; and that he/she has submitted a
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sworn statement of contributions and expenditures, if any incurred, prior to the time of
qualifying and since the last preceding general election. (Amended 2/11/14)
___________________________________
Signature of Candidate
___________________________________
Address
________________________________________________
Signature and Title of person administering oath
(4) No person shall be certified for nomination to an elective office in the City of South
Miami who concurrently has qualified for nomination of or is concurrently holding an elective
office outside the City of South Miami.
(5) Any person who qualifies for an elective office outside the City of South Miami
after having qualified for an elective office in the City of South Miami shall by the fact of such
qualification become disqualified for nomination in the City of South Miami and his (her) name
shall be stricken from the ballot.
(Amended 11/08/16)
SECTION 2.General Elections
A. Time General elections for the Commission will be held on the same day as the
national general elections, commencing in 2020, and thereafter in each even year, at which time
the Mayor will be elected to a term of two years and two Commissioners will be elected to terms
of four years. (See Art.II,Sec.2)(Amended 11/3/2020)
B.Mode The office of the Mayor and Commission seats shall be filled on the basis of
the highest number of votes received by the candidates. At each general or special election
where there are at least two (2) Commissioners to be elected, the election shall be conducted on
a group basis for each member of the City Commission to be elected. Each Commission seat to
be filled at said election shall be designated numerically, and each candidate for the City
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ARTICLE V (Cont’d)
Commission shall designate in which numerical grouping he or she is to be a candidate. No
candidate shall run for office in more than one numerically designated group.
C.Unopposed candidates The names of all unopposed candidates shall be placed on
the ballot. The votes for unopposed candidates shall be counted and published. (Amended
2/8/00)
D.Term Limits for the Mayor and City Commissioners No person may appear on the
Ballot for Election as Mayor or City Commissioner if, by the end of his or her current term of
office, the person will have served (or, but for resignation would have served) in office as the
Mayor or as a City Commissioner for a total of nine years or more. (Amended-Added 11/02/10)
SECTION 3.Special Elections
As prescribed under Article II, Section 4B.
SECTION 4.Runoff Elections
In the event of a tie vote, runoff elections shall be held, if necessary, within thirty (30)
days from the date of the canvass of the votes cast at the regular elections.
SECTION 5.Procedures
A. Provisions The City Commission shall provide, by ordinance, for the procedures of
elections not inconsistent with State law. (Amended 2/11/14)
B. Canvassing Board Upon the closing of the polls and the casting of the ballot by the last
person then entitled to vote, the Canvassing Board, comprised of the City Attorney, or his or her
designee, County Supervisor of Elections, or his or her designee, and the City Clerk, or his or her
designee shall publicly record the results of the election and proceed to tabulate the absentee
ballots and certify the results.(See Art. II, Sec. 2) (Amended 11/08/16)
C. Installation At 8:00 P.M. on the day following any City election in the City of South
Miami, the Commission shall meet in special session for the sole purpose of receiving the
certified report of the Canvassing Committee and thereupon the installing officer, selected by the
duly elected incoming Mayor, shall install the newly elected Mayor and Commission members
after they shall have taken the prescribed oath of office.
D. Oath of Office Every officer of the City shall, before entering upon the duties of his or her
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ARTICLE V (Cont’d)
office, take and subscribe to the following oath or affirmation to be filed and kept in the office of
the City Clerk.
"I solemnly swear (or affirm) that I will support the constitution and will obey the laws of
the United States and of the State of Florida; that I will, in all respects, observe the provisions of
the Charter and the Ordinances of the City of South Miami and will faithfully discharge the duties
of the Office of
“______________________".
SECTION 6.Initiative and Referendum
A. General Authority
(1) Initiative The qualified voters of the City shall have power to propose ordinances to
the Commission and, if the Commission fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a City election, provided that such power shall not
extend to the budget or capital program or any ordinance relating to appropriation of money,
levy of taxes or salaries of City officers or employees.
(2) Referendum The qualified voters of the City shall have power to require
reconsideration by the Commission of any adopted ordinance and if the Commission fails to
repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such
power shall not extend to the budget or
capital program or any emergency ordinance or ordinance relating to appropriation of money or
levy of taxes.
B. Commencement of Proceedings, Petitioners; Committee; Affidavit
A minimum of 100 qualified votes may commence initiative or referendum proceedings
by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committee
and be responsible for circulating the petition and filing it in proper form, stating their names and
addresses and specifying the address to which all notices to the Commission are to be sent and
setting out in full the proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the City Clerk shall issue
the appropriate petition blanks to the petitioners' committee.
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ARTICLE V (Cont’d)
C. Petitions
(1)Number of signatures. Initiative and referendum petitions must be signed by
qualified voters of the City equal in number to at least 15% of the total number of qualified
voters registered to vote in the last regular City election.
(2)Form and Content All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in ink or
indelible pencil and shall be followed by the address of the person signing. Petitions shall contain
or have attached thereto throughout their circulation the full text of the ordinance proposed or
sought to be reconsidered.
(3)Affidavit of Circulator Each paper of a petition shall have attached to it, when
filed, an affidavit executed by the circulator thereof, stating that he or she personally circulated
the paper, the number of signatures thereon, that all the signatures were affixed in his or her
presence, the he or she believes them to be the genuine signatures of the persons whose names
they purported to be and that each signer had an opportunity before signing to read the full text
of the ordinance proposed or sought to be reconsidered.
(4)Time for Filing Initiative or Referendum Petitions.Petitions must be filed within
thirty (30) days after the Commission has failed to adopt a proposed ordinance or failed to
reconsider an adopted ordinance when requested to do so.
D.Procedure after Filing.
(1)Certificate of Clerk;Amendment. Within ten (10) days after the petition is filed,
the City Clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the
particulars wherein it is defective and shall promptly send a copy of the certificate to the
petitioners' committee by registered mail. A petition certified insufficient for lack of the required
number of valid signatures may be amended once if the petitioners' committee files a notice of
intention to amend it with the Clerk within two days after receiving the copy of his or her
certificate, and files a supplementary petition upon additional papers within ten (10) days after
receiving the copy of such certificate. Within five (5) days after such supplementary petition is
filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and
promptly send a copy of such certificate to the petitioners' committee by registered mail. If a
petition or amended petition is certified insufficient and the petitioners' committee does not
elect to amend or request Commission review under subsection 2, below, within the time
required, the Clerk shall promptly present his or her certificate to the Commission and the
certificate shall then be a final determination as to the insufficiency of the petition.
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ARTICLE V (Cont’d)
(2)Commission Review If a petition has been certified insufficient and the petitioners'
committee does not file a notice of intention to amend it or if an amended petition has been
certified insufficient, the committee may, within two (2) days, after receiving the copy of such
certificate, file a request that it be reviewed by the Commission. The Commission shall review
the certificate at its next meeting following the filing of such request and approve or disapprove
it, and the Commission's determination shall then be a final determination as to the sufficiency of
the petition. However, the Commission shall not declare a petition to be insufficient unless the
findings of the City Clerk are illegal or are factually in error.
(E)Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition is filed with the City Clerk, the ordinance sought to be
reconsidered shall be suspended from
taking effect. Such suspension shall terminate when:
(1)There is a final determination of insufficiency of the petition; or
(2)The petitions' committee withdraws the petition; or
(3)The Commission repeals the ordinance.
(F)Actions on Petitions
(1)Action by Commission When an initiative or referendum petition has been finally
determined sufficient, the Commission shall promptly consider the proposed initiative ordinance
in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If
the Commission fails to take action on a proposed initiative ordinance without any change in
substance within thirty (30) days or fails to repeal the referred ordinance within thirty (30) days
after the date of the petition was finally determined sufficient, it shall submit the proposed or
referred ordinance to the voters of the City.
(2)Submission to Voters Such City election on a proposed or referred ordinance shall
be held not less than thirty (30) days and not later than seventy five (75) days from the date of
the final Commission vote thereon. If no regular City election is to be held within the period
prescribed in this subsection, the Commission shall provide for a special election otherwise the
vote shall be held at the same time as such regular election. Copies of the proposed or referred
ordinance shall be made available at the polls, and at City Hall at least fifteen (15) days prior to
the election thereon.
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ARTICLE V (Cont’d)
(3)Withdrawal of Petitions. An initiative or referendum petition may be withdrawn
at any time prior to the tenth day preceding the day scheduled for a vote by the electors by filing
with the City Clerk a request for withdrawal signed by at least twenty (20) members of the
petitioners' committee. Upon filing such request the petition shall have no further force or effect
and all proceedings thereon shall be terminated.
(G)Results of Election
(1)If 15% of the qualified electors vote on a proposed initiative ordinance and a
majority vote in its favor, it shall be considered adopted upon certification of the election results
and shall be treated in all respects in the same manner as ordinances of the same kind adopted
by the Commission. If conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(2)If 15% of the qualified electors vote on a referred ordinance and a majority vote
against it, it shall be considered repealed on certification of the election results.
(3)An ordinance adopted by the electorate through initiatory proceedings shall not
be amended or repealed by the Commission for a period of one year after the election at which it
was adopted but thereafter it may be amended or repealed by a 4/5 vote.
(4)After a referendum petition has been filed, if the Commission repeals the
ordinance involved before the petition is vote on by the electorate, then the Commission may
not reconsider such ordinance for a period of one (1) year after its repeal.
(H)Recall
A Commission member may be recalled as provided by state law. (Amended 2/8/00)
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ARTICLE VI
GENERAL PROVISIONS
SECTION 1.Conflict of Interest
The City Commission shall, by ordinance, enact a conflict of interest ordinance, which shall
be at least equal to the standards of conduct for public officers and employees as set forth in the
state statutes and the Miami-Dade County code. A Commission member may not serve as a
voting member of any board that reports to the Commission. (Amended 2/8/00)
SECTION 2.Bonding
All employees of the finance department, and any other officer or employee required by
the City Commission, shall be bonded in an amount and by a surety that is approved by the
Commission. The premiums on bonds shall be paid by the City. (Amended 2/8/00)
SECTION 3.Publication Requirement
Whenever publication is required herein, such publication shall be made by posting, at a
conspicuous place in the City Hall, for the requisite period and, if the publication is of an
ordinance, said ordinance shall, at least ten (10) days prior to adoption, be noticed once in a
newspaper of general circulation in the City of South Miami. The notice of proposed enactment
shall state the date, time and place of the meeting, title or titles of the proposed ordinance, and
the place or places within the City of South Miami where such proposed ordinance may be
inspected by the public. Said notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
SECTION 4.Franchise
(A) Definitions:
(1) The word “franchise” shall mean all contracts, including any and all agreements of
whatever nature, that grant a right to use real property owned by the City of South Miami,
including leases, when the contract or agreement provides for a term greater than three (3) years
and with two (2) one (1) year extensions , or grants, gives, conveys, mortgages, encumbers or
otherwise gives a person any interest in any real property owned by the City of South Miami for a
limited term of years.
(2) The word “person” shall mean any individual, legal entity or any other entity, legal or
otherwise.
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(3) The word “newspaper of general circulation” shall mean a newspaper of general
circulation in the City of South Miami. (Amended 2/11/14)
(4) The word “local newspaper” shall mean a newspaper distributed in the City of South
Miami, whether free to its readership or otherwise available.
(B) Restrictions:
The City of South Miami shall not enter into any franchise contract or agreement, as
defined in this Section, to or with any person, as defined in this Section, nor shall the City renew
an existing franchise, grant an extension to the franchise term or in any other way make a
material change to an existing franchise contract or agreement unless the City enacts an
ordinance, in accordance with the requirements of this Section, approving the contract or
agreement.
(C) Requirements:
All proposed ordinances approving any franchise contract or agreement, the renewal of
an existing franchise, the grant of an extension to the franchise term or any material change to an
existing franchise, may only be enacted if approved by a vote of 4/5 of all members of the City
Commission. The term limit for all franchise contracts or agreements, as defined in this Section,
including any renewal or extension to the term of same, shall be (50) years. No change in
ownership or control of an artificial person with whom the City has entered into a franchise
contract or agreement, as defined by this Section, nor shall any ownership or control be
transferable in any way, including but not limited to assignments and conveyances of an
ownership interest, unless it is approved by an ordinance enacted by members of the City
Commission. The enactment of all ordinances required by this Section shall be heard at two
public meetings/hearings and the title of the ordinance shall be published in a newspaper of
general circulation, as defined in this Section, and it shall also be published in a local newspaper,
as defined in this Section, at least five (5) days before the first meeting (first reading of the
ordinance). At least ten (10) days before the second and final reading of the franchise ordinance,
its title shall be published in a newspaper of general circulation and, in addition, it shall be
published in a local newspaper, if available, so as to provide as much notice as possible, but, in
any event, the notice need not exceed ten (10) days before the second reading. The timeliness of
the publication in the local newspaper shall not be grounds for challenging the ordinance unless
such a newspaper is available for publication and then only if it was published less than five (5)
days before the second reading.
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ARTICLE VI (Cont’d)
(D) Custodian of Documents:
Copies of all transfers, mortgages, encumbrances, changes in ownership or control, or
other documents affecting the title or use of real property owned by the City shall be filed with
the City Manager and City Clerk on or before the date of the first publication of the title to the
proposed ordinance, as required by this Section.
(Amended 2/14/12)
SECTION 5.Powers of the City
The City of South Miami exercising its power under State Law, may exceed, by ordinance,
any limiting feature of the State Law unless the same is prohibited under the Home Rule
Amendment and Charter of Metropolitan Dade County.
SECTION 6.Autonomy
Neither the Commission nor any of its members shall direct or request the removal of any
person from office by the City Manager or by any of his or her subordinates, or in any manner
take part in the removal of officers and employees in the administrative service of the City.
Except for the purpose of inquiry and for the purpose of interviewing any candidate for
department director prior to appointment by the City Manager subject to the City
Commission’s approval, the Commission and its members shall deal with the administrative
service solely through the City Manager and neither the Commission nor any member thereof
shall give orders to any subordinates of the City Manager, either publicly or privately. This
section shall not apply to officers appointed under Article II, Section 7 of this Charter. (Amended
11/02/10)
SECTION 7.Amendments
This Charter may be altered or amended at any time as provided by the Home Rule
Amendment and Charter of Metropolitan Dade County or as provided by the Florida Statutes,
whichever shall prevail and be in effect.
SECTION 8.Ratification
All officials acts and ordinances passed by the City, including any ordinances annexing certain
unincorporated territory to the City and thereby enlarging its boundaries, done prior to the
passage of this act are hereby ratified, cured and made legal as fully and completely as though all
requirements and details by any general or special law government relating to the same have
been done and performed.
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ARTICLE VI (Cont’d)
SECTION 9.Invalidity
If any section or part of section of this Charter shall be held invalid by a Court of
competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context
in which such section or part of section so held invalid may appear except to the extent that an
entire section or part of section may be inseparably connected in meaning and effect, with the
section or part of section in which such holding shall directly apply.
SECTION 10.Acceptance
This Charter shall become effective upon its being approved by a majority of the qualified
electors of the City of South Miami voting at a referendum election to be called for that purpose
by the City Commission of South Miami in accordance with Section 5.03 of the Metropolitan
Dade County Charter and upon being filed with the Clerk of the Circuit Court as provided in said
Charter.
SECTION 11.Repeal
Any and all special acts of the State of Florida in conflict are hereby superseded.
SECTION 12.Transition
A. Upon adoption of this Charter as herein provided, the Code of Ordinances, City of
South Miami, and all other ordinances and resolution theretofore passed and adopted shall
continue in full force and effect until thereafter amended, superseded or repealed; and all
officers, employees and appointees of the City shall continue in office for the terms to which they
were elected or appointed.
B. No action or proceeding, civil or criminal, pending at the time of this Charter shall take
effect, brought by or against the City or any office, department or agency or official thereof, shall
be affected or abated by the adoption of this Charter or by anything herein contained; but all
such actions or proceedings may be continued notwithstanding that functions, powers and duties
of any office, department or agency or officer thereof, party thereto may, by or under this
Charter be assigned or transferred to another office, department or agency or officer; but, in that
event, the same may be prosecuted or defended by the head of the office, department or agency
to which such functions, powers and duties have been assigned or transferred by or under this
Charter.
C. The title, rights and ownership of property, uncollected taxes, claims, judgements,
decrees, liens, suits, actions and choices in action, of whatsoever kind or nature held or owned by
143
SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
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ARTICLE VI (Cont’d)
the existing municipality shall not be affected or abated by the adoption of this Charter.
D. No debt or contract of the present municipality, including but not limited to bonds or
certificates of indebtedness, heretofore issued, shall be impaired or avoided by the adoption of
this Charter.
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SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 36 of 40
Schedule (A)
Boundaries
Beginning at a point in the center of Southwest 57 Avenue at the Southeast corner of Section 36,
Township 54 South, Range 40 East; thence running Northerly along the East line of Section 36,
and Section 25, Township 54 South, Range 40 East, said line being the center line of Southwest 57
Avenue (Red Road) a distance of approximately 7,920 feet, to the Northeast corner of the
Southeast quarter of aforesaid Section 25; thence running Westerly along the North line of the
aforesaid Southeast quarter of Section 25, the same being the center line of Southwest 64 Street
(Hardee Road) approximately 1,660 feet to the East line of HAMLET, said point being the
Southeast corner of the West half of the Southeast quarter of the Southwest quarter of the
Northeast quarter of aforesaid Section 25 thence running Northerly along the East line of
HAMLET and AVOCADO HOMES a distance of 1,988.2 feet, more or less, to the Northeast corner
of the West half of the Southeast quarter of the Northwest quarter of the Northeast quarter of
Section 25, thence running Westerly to the Northwest corner of the Southeast quarter of the
Northwest quarter of the Northeast quarter of Section 25, aforesaid, a distance of 336.08 feet,
more or less; thence running Northerly along the East line of the Northwest quarter of Northwest
quarter of Northeast quarter to the North line of aforesaid Section 25 (center line of Southwest
56 Street, sometimes known as Miller Drive) a distance of 663.53 feet, more or less; thence
running Westerly along the North line of Section 25,Township 54 South, Range 40 East, said line
being the center line of Southwest 56 Street, to the Southeast corner of the West half of the
Southeast quarter of the Southeast quarter of the Southwest quarter of Section 24, Township 54
South, Range 40 East, a distance of 1,011.45 feet, more or less, thence running Northerly along
the East line of LA HAMACA SUBDIVISION, to the Northeast corner of the Southwest quarter of
the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 24, aforesaid,
a distance of 1,024.81 feet, more of less, thence running Westerly a distance of 337.59 feet, more
or less, to the Northwest corner of the Southwest quarter of the Northeast quarter of the
Southeast quarter of the Southwest quarter of Section 24, aforesaid, said point being in the
center line of Southwest 63 Avenue; thence running Northerly along the center line of said
Southwest 63 Avenue a distance of 343.07 feet, more or less, to the Northeast corner of the East
half of the West half of the Southeast quarter of the Southwest quarter of Section 24, aforesaid;
thence running Westerly a distance of 337.59 feet, more or less, to the Northwest corner of the
East half of the West half of the Southeast quarter of the Southwest quarter of Section 24; thence
running Southerly a distance of 1,371.49 feet, more or less to the center line of Southwest 56
Street (Miller Road) at the Southwest corner of the East half of the West half of the Southeast
quarter of the Southwest quarter of Section 24 aforesaid; thence running Westerly along the
center line of South west 56 Street, said line being the South line of Section 24 aforesaid, to the
Southeast corner of the Southwest quarter of the Southwest quarter of Section 24, aforesaid, a
distance of 337 feet, more or less, thence running Northerly along the East line of the Southwest
quarter of the Southwest quarter of Section 24, a distance of 660 feet, more or less to the North
line of the South half of the Southwest quarter of the Southwest quarter of aforesaid Section 24;
thence running Westerly along said North line of the South half of the Southwest quarter of the
Southwest quarter of Section 24, to the Southwest corner of the East half of the Northeast
145
SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 37 of 40
quarter of the Southwest quarter of the Southwest quarter of Section 24, a distance of 337 feet,
more or less; thence running North along the West line of the East half of the Northeast quarter
of the Southwest quarter of the Southwest quarter of Section 24, a distance of 660 feet, more or
less, to the Northeast corner of the West half of the Northeast quarter of the Southwest quarter
of the Southwest quarter of said Section 24; thence running Westerly along the North line of the
West half to the Northeast quarter of the Southwest quarter of the Southwest quarter of said
Section 24, a distance of 330 feet, more or less, to the Northeast corner of the Northwest quarter
of the Southwest quarter of the Southwest quarter of aforesaid Section 24, said point being in
the center line of Southwest 65 Avenue, at the Northeast corner of GRANDVIEW PARK
SUBDIVISION; thence running North along the East line of the West half of the Northwest quarter
of the Southwest quarter of Section 24, to the Northwest corner of the Southeast quarter of the
Northwest quarter of the Southwest quarter of the aforesaid Section 24, a distance of 660 feet,
more or less; thence East 330 feet, more or less, to the Southeast corner of the West half of the
Northeast quarter of the Northwest quarter of the Southwest quarter; thence North 660 feet,
more or less, to the center line of Southwest 48 Street, said point being the Northeast corner of
the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter;
thence West along the center line of Southwest 48 Street 990 feet, more or less, to the
Northwest corner of Southwest quarter of aforesaid Section 24, said point being the intersection
of the center line of Southwest 48 Street and Southwest 67 Avenue; thence running Southerly
along the center line of Southwest 67 Avenue; the same being the West line of aforesaid Sections
24 and 25, to the Southwest corner of the Northwest quarter of the Northwest quarter of Section
25, aforesaid; said point being the intersection of the center line of Southwest 67 Avenue and 60
Street; thence running Westerly along the North line of the South half of the Northeast quarter of
Section 26, Township 54 South, Range 40 East, to a point on the Easterly Right of Way line of the
Florida East Coast Railway Company (Miami Belt Line); thence run Southerly along the Easterly
Right of Way line of aforesaid Florida East Coast Railway Company (Miami Belt Line) to a point on
the North line of the Southeast quarter of aforesaid Section 26; thence Easterly along the North
line of the Southeast quarter of aforesaid Section 26 to the Northwest corner of the Northeast
quarter of the Southeast quarter of aforesaid Section 26; thence run Southerly along the West
line of the East half of the Southeast quarter of Section 26, aforesaid, and the West line of the
East half of the Northeast quarter of Section 35, Township 54 South , Range 40 East, said line also
being the center line of Southwest 69 Avenue, a distance of 5,280 feet, more or less, to the
Southwest corner of the Southeast quarter of the Northeast quarter of Section 35, Township 54
South, Range 40 East; thence running easterly 1,980 feet, more or less, to the Northwest corner
of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of
Section 36, Township 54 South, Range 40 East; thence South 330 feet, more or less, to the
Southwest corner of the North half of the Northeast quarter of the Northwest quarter of the
Southwest quarter of Section 36; thence East 660', more or less, to the Southeast corner of the
North 1/2 of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section
36; thence North 330 feet, more or less, to the Northeast corner of the North half of the
Northeast quarter of the Northwest quarter of the Southwest quarter of said Section 36; thence
running Easterly along the center line of Southwest 80 Street, also the South line of the
Northwest quarter of aforesaid Section 36 to a point at the intersection of the center line of
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SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 38 of 40
Southwest 80 Street and Southwest 62 Avenue, said point being the center of Section 36,
Township 54 South, Range 40 East, a distance of 1,320 feet, more or less, thence running South
along the center line of Southwest 62 Avenue, said line being the West line of the Southeast
quarter of Section 36 to the center line intersection at Southwest 88 Street; said point being the
Southwest corner of the Southeast quarter of aforesaid Section 36, a distance of 2,640 feet, more
or less,; thence Easterly along the center line of Southwest 88 Street 2,640 feet, more or less, to
the Southeast corner of Section 36, Township 54 South, Range 40 East, said point being the Point
of Beginning. ALSO the following described areas in Section 24, Township 54 South, Range 40
East: All of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 24,
Township 54 South, Range 40 East, the same being the ORCHARD HEIGHTS and RIVIERA PINES
SUBDIVISIONS.
All of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 24,
comprising a Re-subdivision of Blocks 5, 6 and the North half of Block 15, BILTMORE HEIGHTS
SUBDIVISION, together with all the streets and avenues lying in the Northwest quarter of the
Northeast quarter of the Southeast quarter and the Northeast quarter of the Northwest quarter
of the Southeast quarter and the Northwest quarter of the Northwest quarter of the Southeast
quarter and the Northeast quarter of the Northeast quarter of the Southwest quarter and all of
the tract of land in the East half of the Northwest quarter of the Northeast quarter of the
Southwest quarter of Section 24, together with the following described lots: Lots 9, 10, 11 and
12 of Block 9; Lots 1, 2, 3 of Block 13; Lots 20 and 21 of Block 1; of BILTMORE HEIGHTS as
recorded in Plat Book 21 at Page 34 of the Public Records of Dade County, Florida.
ALSO:
The East 80 feet of Tract 4, BILTMORE HEIGHTS REVISED, recorded in the Plat Book 39 at Page 65
of the Public Records of Dade County, Florida; also formerly known as Lots 23, 24, 25 and the East
5 feet of Lot 22 in Block 4 of BILTMORE HEIGHTS, recorded in Plat Book 21 at Page 34 of the
Public Records of Dade County, Florida.
ALSO including all of the following described lands lying in the North half of the North half of
Section 24:
Beginning at the Northeast corner of Section 24, at the intersection of the center lines of
Southwest 57 Avenue (Red Road) and Southwest 40 Street (Bird Road); thence running Westerly
along the North line of Section 24 (center line of Southwest 40 Street) to the Northwest corner of
the East half of the Northwest quarter of the Northwest quarter of the said section; thence
running South along the west line of the East half of the Northwest quarter of the Northwest
quarter to the Southwest corner of the East half of the Northwest quarter of the Northwest
quarter of said Section 24; thence running easterly along the South Line of the North half of the
North half of Section 24 to the Southeast corner of the West half of the Northeast quarter of the
Northeast quarter of said Section, a distance of 3,960 feet, more or less, thence running
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SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 39 of 40
Northerly along the West line of the East half of the Northeast quarter of the Northeast quarter
of Section 24 to the Northwest corner of the South half of the Southeast quarter of the Northeast
quarter of the Northeast quarter of said section a distance of 330 feet, more or less, thence
running Easterly along the North line of the South half of the Southeast quarter of the Northeast
quarter of the Northeast quarter of said section to the East line of Section 24, a distance of 660
feet, more or less, to the Northeast corner of the South half to the Southeast quarter to the
Northeast quarter of the Northeast quarter of Section 24, said point being in the center line of
Southeast 57 Avenue; thence running North along the East line of Section 24 to the place of
beginning a distance of 990 feet, more or less; however, excluding from the above description
certain parcels and tracts of land, but not excepting any rights of way for highways within the
area described, the exceptions being as follows:
All lots in the Southeast quarter of the Northwest quarter of the Northwest quarter and the East
half of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 24,
Township 54 South, Range 40 East, Tract 1-A and Lots 10, Tracts 2-A, 2-B, Lot 9 and Tract 2-C,
Tracts 4-A, 4-B, and 4-C, the North 10 feet of the East 50 feet of Lot 5 and Tract 3-D in ALTA
TERRA a subdivision of the East half of the West half of the Northwest quarter of the Northeast
quarter of Section 24 as recorded in Plat Book 35 at Page 26 of the Public Records of Dade
County, Florida.
ALL lots in the Northeast quarter of the Northwest quarter of the Northeast quarter and in the
North half to the Southeast quarter of the Northwest quarter of the Northeast quarter of Section
24, Township 54 South, Range 40 East.
ALL lots in Blocks 4 and 5, with the exception of Lots 21 and 24 in Block 5, ALL lots in Block 3 with
the exception of Lots 1,2,9,10,11,12,13,14,15, and 16,; ALL lots in Block 6, with the exception of
Lots 8, 9, 13, 14, 15, 16, 17, 18, 19, and 20; ALL lots in Block 7, with the exception of Lots 14, 17,
18, 19, 20, 21, 22, 24, 25, 26, and 27; as contained in WESTERFIELD MANOR, Section One, Two
and Three located in the Northeast quarter of the Northeast quarter of Section 24, aforesaid, and
recorded in Plat Book 18 at Page 47 and in Plat Book 27 at Page 9 of the Dade County Public
Records, and the jurisdiction and powers of the City of South Miami shall extend over all lands
within said area, whether platted or unplatted, and including, but not limited to all streets,
sidewalks, alleys and parks and to and over all water, waterways, canals and submerged lands
whatsoever within the said boundaries.
ALSO, beginning at the intersection of the centerline of Southwest 59 Avenue and the centerline
of Southwest 64 Street; thence run easterly along the centerline of Southwest 64 Street to the
intersection of the East boundary line extended of UNIVERSITY GARDENS SUBDIVISION NO. 1 as
recorded in Plat Book 89 at Page 15 of the Public Records of Dade County, Florida; thence run
Northerly along the East boundary line of said UNIVERSITY GARDENS SUBDIVISION NO. 1, to the
Northeast corner of Block 2, of said UNIVERSITY GARDENS SUBDIVISION, NO. 1, thence run
westerly along the North line of said Block 2, of UNIVERSITY GARDENS SUBDIVISION NO. 1 to a
point on the East right of way line of Southwest 59 Avenue; thence run Northerly along the East
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SOUTH MIAMI CITY CHARTER
AMENDED 11-03-20
Page 40 of 40
right of way line of Southwest 59 Avenue to the intersection of the North right-of-way line of
Southwest 62 Street, thence run westerly along the North right-of-way of Southwest 62 Street to
the West boundary line of UNIVERSITY MANOR FIRST ADDITION as recorded in Plat Book 48, at
Page 45 of the Public Records of Dade County, Florida, thence run southerly along the west line
of said University Manor First Addition and the West line of STORMPROOF SUBDIVISION as
recorded in Plat Book 47 at Page 12 of the Public Records of Dade County Florida, to a point on
the centerline of Southwest 64 Street; thence run East along the centerline of Southwest 64
Street to the intersection of the centerline of Southwest 59 Avenue and the centerline of
Southwest 64 Street, the same being point of beginning.
ALSO the NW 1/4 of the NE 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of the NE 1/4 all of
Section 25, Township 54 South, Range 40 East, less the North 50 feet thereof, Dade County,
Florida.
The title and jurisdiction over all streets, thoroughfares, sidewalks, parks, alleys and public lots
within the City of South Miami and all other property and municipal public works of the City now
owned, possessed or operated by it is hereby vested in the City of South Miami, as created by this
act as may be contracted or expended.
149
Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc Inc., for the
construction of a traffic calming speed table at SW 78th Street West of SW 62nd Avenue. 3/5 (City
Manager-Public Works & Engineering)
Suggested Action:
Attachments:
Memo SW 78st W 62av 11-24.docx
Reso SW 78st W 62av 11-24.docx
Maggolc- Contract Speed Table.pdf
Maggolc Inc Speed Table - Price Proposal.pdf
SOMI Traffic Calming Study_SW 78 St.pdf
SW 78th Street Speed Table RESIDENT SURVEY.pdf
Amendment No.1 to the Intergovernmental Agreement EXECUTED.pdf
150
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:December 1, 2020
SUBJECT:A Resolution authorizing the City Manager to negotiate and enter into a contract with
Maggolc Inc., for the construction of a traffic calming speed table at SW 78
th Street
West of SW 62nd Avenue.
BACKGROUND:The City desires to provide traffic calming devices to convey speed reduction and
safety to the West Pinecrest neighborhood. The City completed a traffic study report
and executed an amendment to the Intergovernmental Traffic Agreement with
Miami-Dade County which allows the City responsibilities of certain traffic engineering
functions. In order to meet the Miami-Dade County’s traffic flow modifications
requirements the City submitted a survey to the residents for approval of a propose
traffic calming measure. The residents responded to the survey in concurrence to
implement a traffic calming measure on SW 78th Street West of SW 62nd Avenue. To
convey speed reduction and safety, the City developed construction scope documents
following Miami-Dade County Standards for the construction of a traffic speed table at
SW 78th Street West of SW 62
nd Avenue. Quotes were solicited from several
contractors beginning on November 13, 2020.
The City received a total of three (3) proposals in response to a quotation. Pursuant to
review, it was determined that Maggolc Inc., is the most responsive and responsible
bidder for this proposal. Below are the top three proposals received:
Contractor Bid Price
Maggolc Inc.$7,200.00
V Engineering & Consulting Corp.$10,400.00
Metro Express, Inc.$12,997.00
A contingency amount of $800 will be included over the proposal amount of $7,200 to
address for unknown factors that may arise during the work.
AMOUNT:Amount not to exceed $8,000 which includes $800 for contingency.
FUND &ACCOUNT:The expenditure shall be charged $8,000 to the People Transportation Tax Fund
account number 124-1730-541-6490 which has a balance of $571,563.66 prior to this
request.
ATTACHMENTS:Resolution
Construction Contract with Exhibits
Maggolc Inc., Bid Documents
Traffic Calming Study
Miami-Dade County Amendment#1 to the Intergovernmental Agreement
Resident Survey
151
Page 1 of 2
RESOLUTION NO.:______________________1
2
A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, 3
Inc., for the construction of a traffic calming speed table at SW 78th Street West of SW 62nd 4
Avenue.5
WHEREAS,the City Mayor and Commission desire to provide traffic calming devices to convey speed 6
reduction and safety to the West Pinecrest neighborhood; and 7
WHEREAS, the west Pinecrest Traffic Calming Project has been budgeted in the Capital Improvement 8
Program section of the City’s budget; and9
WHEREAS, the City completed a traffic study report and executed an amendment to the 10
Intergovernmental Traffic Agreement with Miami-Dade County which allows the City responsibilities of certain 11
traffic engineering functions; and12
WHEREAS, the City conducted a survey following up to the traffic study report to adhere with Miami-Dade 13
County’s traffic flow modifications and street closure procedures and received approval from the residents of the 14
area to install a speed table; and15
WHEREAS,to convey speed reduction and safety to the West Pinecrest neighborhood, the City developed 16
construction scope documentsfollowing Miami-Dade County standardsfor the construction of a trafficspeed table 17
at SW 78th Street West of SW 62nd Avenue; and18
WHEREAS,quotes were solicited on November 13, 2020 and the City received a total of three (3) cost 19
proposal in response to the solicitation; and20
WHEREAS,pursuant to a competitive selection process, it was determined that Maggolc Inc., submitted a 21
proposal in the amount of $ 7,200 that was the most cost effective; and22
WHEREAS,the City desires to provide a contingency of $800 over the proposal amount to address for 23
unknown factors that may arise during the work; and24
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter 25
into a contract with Maggolc Inc.,for the construction of a traffic calming speed table at SW 78th Street West of SW 26
62nd Avenue for a total amount not to exceed $8,000 which includes a $800 contingency. 27
WHEREAS, the expense for this project shall be charged to the People Transportation Tax Fund account 28
number 124-1730-541-6490 which has a balance of $571,563.66 prior to this request.29
30
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH 31
MIAMI, FLORIDA:32
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated 33
into this resolution by reference as if set forth in full herein.34
Section 2.The City Manager is authorized to negotiate the price, terms and conditions and to execute a 35
contract with Maggolc Inc., for the construction of a traffic calming speed table at SW 78
th Street West of SW 62nd36
Avenue for a total amount not to exceed $8,000. The City Manager is authorized to expend up to $800 to address 37
any condition that the contractor, using reasonable diligence, could not have foreseen when formulating its bid. A 38
152
Page 2 of 2
copy of the approved form of contract is attached. The expenditure shall be charged to the People Transportation 1
Tax Fund account number 124-1730-541-6490 which has a balance of $571,563.66 prior to this request.2
Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the 3
City Attorney for any conforming amendments to be incorporated into the final resolution for signature.4
Section 4:Severability.If any section, clause, sentence, or phrase of this resolution is for any reason held 5
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the 6
remaining portions of this resolution. 7
8
Section 5: Effective Date:This resolution shall become effective immediately upon adoption. 9
10
PASSED AND ADOPTED this _____ day of_______________, 2020. 11
12
ATTEST: APPROVED: 13
14
___________________________________________15
CITY CLERK MAYOR16
17
READ AND APPROVED AS TO FORM,COMMISSION VOTE: 18
LANGUAGE, LEGALITY AND EXECUTION Mayor Philips: 19
THEREOF Vice Mayor Welsh:20
Commissioner Harris:21
___________________________Commissioner Liebman: 22
CITY ATTORNEY Commissioner Gil:23
24
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ENGINEERING CONTRACTOR – LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggolc@yahoo.com
PROPOSAL
November 9, 2020
To:
Aurelio Carmenates, P.E.
Capital Improvements Program Project Manager
Public Works Engineering & Construction Division
City of South Miami
Project: Construction of one (1) Speed Table along SW 78th Street between 6220/6227.
Proposal Includes:
1. Mobilization and MOT
2. Milling Existing Asphalt 1.5”
3. Superpave Asphalt Concrete SP-9.5
4. Temporary & Thermoplastic Striping
5. Signs
6. Restoration and clean the construction area
7. As Built Survey Plan
LS Price Proposed: $ 7,200.00
Construcion Time: 15 days
Thank You for the opportunity,
Sincerely,
Mario Gonzalez
Maggolc Inc./ President
192
March 20th, 2019
City of South Miami
Traffic Calming Study
SW 78th Street
(US 1 - SW 62nd Avenue)
South Miami, Florida
Richard Garcia & Associates, Inc.
193
194
City of South Miami Traffic Calming Study
RICHARD GARCIA & ASSOCIATES, INC. Page iii
TABLE OF CONTENTS
Engineer’s Certification .......................................................................................... ii
Executive Summary ................................................................................................ 1
Introduction ............................................................................................................. 3
Study Area / Description ..................................................................................................... 3
Traffic Data .............................................................................................................. 4
Average Daily Traffic (ADT) & Peak Hour Volumes ......................................................... 4
Vehicle Speed Data ............................................................................................................ 4
Level of Service (LOS) .......................................................................................................... 4
Traffic Calming Measures ...................................................................................... 7
Levels of Traffic Calming ..................................................................................................... 7
Level I ............................................................................................................................................... 7
Level II .............................................................................................................................................. 8
Level III............................................................................................................................................ 10
Traffic Calming Analysis (Phase 2) ...................................................................... 12
Traffic Calming Criteria & Thresholds ............................................................................... 12
Traffic Calming Evaluation & Appraisal .......................................................................... 13
Minimum Traffic Volume ............................................................................................................. 13
85th Percentile Speed ................................................................................................................. 14
Correctable Accidents, Cut Through Traffic & Pedestrian Crossing Volume ..................... 14
Municipal Boundary Considerations ......................................................................................... 15
Conclusion ............................................................................................................ 16
195
City of South Miami Traffic Calming Study
RICHARD GARCIA & ASSOCIATES, INC. Page iv
LIST OF FIGURES
Figure 1: Study Area ................................................................................................................. 3
Figure 2: Roadway Links & Traffic Data ................................................................................ 6
LIST OF TABLES
Table 1: Summary of Traffic Calming Evaluation ................................................................ 2
Table 2: Average Daily Traffic (ADT) ..................................................................................... 5
Table 3: Roadway Traffic Volumes - AM Peak Hour ........................................................... 5
Table 4: Roadway Traffic Volumes - PM Peak Hour ........................................................... 5
Table 5: Miami-Dade County Policy for Traffic Calming Measures ............................... 13
Table 6: Minimum Traffic Volume Criterion ........................................................................ 14
Table 7: 85th Percentile Speed Criterion ............................................................................. 15
APPENDICES
Appendix 1: Traffic Data (Volume & Speed Data) & Adjustment Factor
Appendix 2: MDCPWD Traffic Calming Criteria
Appendix 3: Analysis & Evaluation of Traffic Calming Criteria
196
City of South Miami Traffic Calming Study
RICHARD GARCIA & ASSOCIATES, INC. Page 1
Executive Summary
The main objective of this study is to evaluate the existing traffic conditions and to
determine whether traffic calming devices should be considered at the studied
corridor, SW 78th Street between US 1 (SR 5) and SW 62nd Avenue. SW 78th Street
within the study limits is a two-lane (undivided) local street that provides
connectivity in the east-west direction. This roadway is mainly surrounded by
residential and has a posted speed limit of 25 miles per hour (MPH). This study has
been performed consistent with Phase 2 (Traffic Study by Applicant's Consultant) as
identified in the Miami-Dade County’s Traffic Flow Modification(s)/Street Closure(s)
Procedure.
The data collection consisted of 48-hour Automatic Traffic Recorder (ATR) counts
and 24-hour Speed data at three roadway links within the study area. These traffic
counts were performed from Wednesday, February 27th through Thursday, February
28th, 2019. The existing traffic data was utilized in the evaluation of the Miami-Dade
County Public Works Department (MDCPWD) traffic calming criteria.
The governing standard utilized in this analysis was Miami-Dade County’s Traffic
Flow Modification(s)/Street Closure(s) Procedure. Although the referenced manual
identifies two phases (i.e. Phase 1 & Phase 2), this traffic study followed the Phase 2
procedure which is initiated by the applicant, in this case the City of South Miami.
Note, Phase 1 is an analysis/study initiated and performed by MDCPWD.
As indicated in the MDCPWD referenced manual, Traffic Calming Measures on
neighborhood streets may be considered if a traffic study finds sufficient
justification. As such, the study area was evaluated in an effort to identify any
traffic intrusion, excessive traffic volume, speeding, traffic accidents, etc and to
determine if the traffic data meets the MDCPWD first traffic calming criteria and at
least one of the remaining criteria as shown in Table 1.
The first or “Primary Criteria” is Minimum Traffic Volumes. This criterion is met when
the traffic volumes exceed 1,500 vehicles per day or 150 vehicles during the peak
hour. As a result, the traffic data exceeded the Minimum Traffic Volume threshold
for Residential Local Streets and therefore, the first criterion is met.
The “Second Criteria” includes several traffic measures such as the 85th Percentile
Speed, Correctable Accidents, Cut Through Traffic and Pedestrian Crossing
Volume. The 85th percentile speed criterion was evaluated to determine if the
existing vehicular speed is a concern at the studied locations. A speeding issue
can be identified when the 85th percentile speed of all vehicles is at least 10 miles
per hour (MPH) greater than the posted speed. The posted speed within the study
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Other Criterion:
85th Percentile Speed
No. Name AM Peak PM Peak
85th Percentile Speed:
10 MPH > Posted Speed Limit
1
Peak Hour Volume > 150 VPH
Primary Criterion:
Minimum Traffic Volume
At
Roadway Link
3MET
NOT MET MET2SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
MET
NOT MET MET NONOT METSW 78 Street west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)
NO
NOT MET MET NOSW 78 Street east of US 1
(US1 - South Miami Elks Drive)MET
Traffic
Calming
Measure
(Met Both
Criterion)ADT > 1,500 VPD
NOT MET
NOT MET
area is 25 MPH and therefore, the 85th percentile speed data must reveal 35 MPH
or greater to meet this criterion. Based on the existing speed data, the highest 85th
percentile speed within the study area is 28 MPH and does not meet the speed
criterion. Table 1 summarizes the evaluation of the policy of traffic calming
measures.
Although no data was gathered to quantify accidents, cut through traffic and
pedestrian volume, our field observations revealed there are no issues regarding
the referenced criteria. However, in addition to the above, the following
observations were made during the field review:
No evidence of crashes or accidents
No cut through traffic was identified
Pedestrian volume was low to nonexistent
Therefore, this study assumes that the study area does not meet the criterion of
Correctable Accidents, Cut Through Traffic and Pedestrian Crossing Volume.
In conclusion, the traffic calming analysis documented in this report reveals that SW
78th Street (between US 1 - SW 62nd Avenue) did satisfy the MDCPWD first traffic
calming criteria (Minimum Traffic Volume) but no other criterion was met. However,
the City may choose to obtain a two-thirds (2/3) concurrence from affected
residents or pass a resolution as indicated on Table 5 and the Municipal Boundary
Considerations section of this report (page 15). If either is secured by the City, we
would recommend the following traffic calming options:
Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive
Traffic Circle at SW 78th Street & SW 63 Avenue
Midblock Traffic Calming on SW 78th Street between SW 62nd & 63rd Avenue
Choker or Neckdown/Narrowing traffic lanes
Table 1: Summary of Traffic Calming Evaluation
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Introduction
The purpose of this study is to evaluate the existing traffic conditions and to
determine whether traffic calming devices should be considered at the studied
corridor, SW 78th Street between US 1 (SR 5) and SW 62nd Avenue. This study has
been performed consistent with Phase 2 (Traffic Study by Applicant's Consultant) as
identified in the Miami-Dade County’s Traffic Flow Modification(s)/Street Closure(s)
Procedure.
Study Area / Description
As previously mentioned, the study area is the corridor of SW 78th Street US 1 and
SW 62nd Avenue in the City of South Miami, Florida. SW 78th Street within the study
limits is a two-lane (undivided) local street that provides connectivity in the east-
west direction. This roadway is mainly surrounded by residential and has a posted
speed limit of 25 miles per hour (MPH). Figure 1 below depicts the study area.
Figure 1: Study Area
Study
Area
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Traffic Data
The data collection consisted of 48-hour Automatic Traffic Recorder
(ATR) counts and 24-hour Speed data. These traffic counts were
performed from Wednesday, February 27th through Thursday, February
28th, 2019. Figure 2 depicts the study area and includes the traffic data
for each roadway link. Moreover, the 48-hour traffic volumes were collected in 15-
minute intervals while the 24-hour speed data was gathered in one-hour intervals.
The data collection was performed at the locations as follows:
1. SW 78th Street, east of US 1
2. SW 78th Street, west of SW 63rd Avenue
3. SW 78th Street, west of SW 62nd Avenue
Average Daily Traffic (ADT) & Peak Hour Volumes
The 48-hour traffic counts were utilized to determine the Average Daily Traffic (ADT)
and Peak Hour volumes at each roadway link identified above. The traffic counts
were averaged, adjusted for seasonal variations and utilized in the evaluation of
the MDCPWD traffic calming criteria. Table 2 summarizes the Average Daily Traffic
(ADT). Tables 3 and 4 contains the traffic volumes for the AM and PM peak hour,
respectively.
Vehicle Speed Data
Similarly, the 24-hour speed data was collected at each roadway link and
direction. The average speed and 85th percentile speed was summarized in Table 5
and also utilized in the evaluation of the MDCPWD traffic calming criteria.
Appendix 2 contains the speed data sheets.
Level of Service (LOS)
Additionally, the AM and PM peak hour traffic volumes were evaluated for Level of
Service (LOS) by the using the generalized Table 4 of the 2013 FDOT (Florida
Department of Transportation) Quality / Level of Service Handbook. As a result, the
study corridor is operating at acceptable LOS C during both the AM and PM peak
hour.
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No. Name Direction Day 1 Day 2 Average
EB9911003997 987
WB 1,047 1,130 1089 1078
Link 2,038 2,133 2,086 2,065
EB 783 837 810 802
WB 950 1,055 1003 992
Link 1,733 1,892 1,813 1,794
EB 624 632 628 622
WB 1,067 1,161 1114 1103
Link 1,691 1,793 1,742 1,725
At
Traffic Data (vehicles per day)ADT
Calculation
SW 78 Street
SW 78 Street
east of US 1
(US1 - South Miami Elks Drive)
3
Roadway Link
2 SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)
1
No. Name Direction Day 1 Day 2 Average
EB 61 55 58 57
WB 62 61 62 61
Link 121 108 115 113
EB 53 54 54 53
WB 53 53 53 52
Link 92 96 94 93
EB 66 62 64 63
WB 54 49 52 51
Link 97 99 98 97
C
C
C
2 SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
3 SW 78 Street west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)
Roadway Link
At
1 SW 78 Street east of US 1
(US1 - South Miami Elks Drive)
Traffic Data (vehicles per hour) - AM Peak
Seasonally
Adjusted Peak
Hour Volumes
(2019)
Two-Way
Volume
Level of Service
No. Name Direction Day 1 Day 2 Average
EB10796102 100
WB 112 131 122 120
Link 171 198 185 183
EB 84 87 86 85
WB 164 173 169 167
Link 225 229 227 225
EB 57 59 58 57
WB 213 234 224 221
Link 246 257 252 249
Roadway Link Traffic Data (vehicles per hour) - PM Peak
Seasonally
Adjusted Peak
Hour Volumes
(2019)
Two-Way
Volume
Level of ServiceAt
1 SW 78 Street east of US 1
(US1 - South Miami Elks Drive)C
2 SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
C
3 SW 78 Street west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)C
Table 2: Average Daily Traffic (ADT)
Table 3: Roadway Traffic Volumes - AM Peak Hour
Table 4: Roadway Traffic Volumes - PM Peak Hour
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23 MPH
ADT: 2,065 VPD
AM PEAK: EB: 57 VPH
WB: 61 VPH
PM PEAK: EB: 100 VPH
WB: 120 VPH
LOS C
21 MPH
21 MPH
23 MPH
28 MPH
27 MPH
ADT: 1,725 VPD
AM PEAK: EB: 63 VPH
WB: 51 VPH
PM PEAK: EB: 57 VPH
WB: 221 VPH
LOS C
ADT: 1,794 VPD
AM PEAK: EB: 53 VPH
WB: 52 VPH
PM PEAK: EB: 85 VPH
WB: 167 VPH
LOS C
Figure 2: Roadway Links & Traffic Data
XX MPH = 85TH PERCENTILE SPEED
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Traffic Calming Measures
Traffic calming is a system of design and management strategies that aim to
balance traffic on streets with other uses. This system was developed in Europe and
it is founded on the idea that streets should help create and preserve a sense of
place that their purpose is for people to walk, look, meet, play,
shop and even work alongside cars but not dominated by
them. The tools of traffic calming take a different approach
from treating the street only as a conduit for vehicles passing
through at the greatest possible speed. They include
techniques designed to lessen the impact of motor vehicle traffic by slowing it
down, or literally “calming” it. This helps build environment friendly to people on
foot.
Besides its power to improve the livability of a place, the strategies below can be
employed by painting lines, colors and patterns; using planters, bollards and other
removable barriers as suggested by the County; eliminating or adding parking; or
installing sidewalk extensions or similar structures with temporary materials. All
provide an opportunity to test devices, combinations and locations, fine-tuning the
approach according to results. Traffic calming, along with other small-scale
improvements, can enhance a place immediately, while being tested and refined
to meet long-term needs.
Levels of Traffic Calming
Miami-Dade County Traffic Flow Modification(s)/Street Closure(s) Procedure has
identified three levels of Traffic Calming. The goal of these levels is to provide a
framework of progressively increasing types of devices. Based on the level of traffic
restriction they provide; starting with the least restrictive (Level I) to the most
restrictive (Level III). All forms of Traffic Calming require a temporary
implementation followed by a re-evaluation of the effect before a final
(permanent) approval is granted.
Level I
The Level I is the least restrictive (passive) and most
common form of traffic calming. This level of
traffic calming measure is designed to restrain
traffic speed and lessen traffic impacts at the local
level, where traffic volumes, levels of service, and
network capacity are not an issue. The following
measures are categorized as Level I alternatives:
Education, neighborhood speed watch
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Law enforcement, movement restrictions
One-way streets, multi-way stop control
Textured pavement, gateway treatments
Border landscaping treatment
Level II
The Level II is designed to restrain traffic speed and lessen traffic impacts on traffic
routs, where traffic volumes, level of service and network capacity are or may
become an issue. This level incorporates traffic calming devices to include speed
restraints and street rearrangements on traffic routes through activity areas.
Moreover, the following bulleted items describe some of the physical devices for
Level II.
CHOKERS – BULBS – NECKDOWNS
Interchangeable terms for sidewalk extensions in
selected areas – such as at intersections or at mid-
block – as opposed to a full sidewalk widening. The
benefits:
Provide a refuge for pedestrians.
Shorten the crossing distance
Define parking bays
Deflect through traffic at a corner
Function as entry points
Provide space for amenities and enhancements (e.g. kiosks, trees, lighting)
ROUNDABOUTS
Large, raised, circular island at the middle of major
intersection, around which all oncoming vehicles
must travel until reaching their destination street,
where they then turn off. The benefits:
Create a “calmed” steady flow of traffic.
Reduction in conflict points, which can lead to
fewer accidents.
Traffic signals are not customarily required (although traffic control signs are
prominent).
Streets narrow as they approach the roundabout and crosswalk are installed on
these approaches – thereby slowing oncoming vehicles and giving pedestrians a
safe, obvious opportunity to cross.
Enhanced with fountains, sculpture or attractive landscaping, the island can serve
as a striking gateway.
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A sloping ramp around the perimeter of the raised island allows buses, trucks and
other large vehicles to maneuver the continuous curve while still maintaining a
lowered speed.
TRAFFIC CIRCLES
These small “mini-roundabouts” are designed for
small intersections, often used to slow traffic from
wide street into a smaller local street. Traffic
circles:
Help to slow down traffic in neighborhoods and
remind drivers that they must proceed carefully.
Help to sustain lowered vehicle speeds when
they’re used in a series.
Provide an opportunity for community activity in residential areas, where citizens can
create plantings or add other enhancements.
SPEED HUMPS AND SPEED TABLES
These devices reduce speed by introducing
modest up-and-down changes in the level of the
street, thereby requiring drivers to decelerate.
Speed Humps are rounded mounds,
approximately three inches high and 10 to 12
feet long. They effectively slow down traffic to
15-20 mph without making drivers
uncomfortable. For optimum speed reduction,
road humps need to be placed at frequent, designated intervals based on the
street’s dimensions, to minimize the tendency to accelerate between them. (Humps
are not to be confused with the speed bumps, which are usually at least 5-6” high
and less than three feet long).
Speed tables are road humps that are flat on top and sometimes slightly longer.
They are the same width as the street and rise to meet the grade of the sidewalk,
providing safe and comfortable crossing for walkers and wheelchairs (and greater
access for snow clearance than road humps). One benefit of speed tables is that
people cross at the point where drivers decrease speed.
It is important to highlight road humps, speed tables and cushions with clear
markings to alert approaching drivers. This can be accomplished by: painting
words and symbols directly on the street; changing the texture of the street surface;
or using signage (the word “Bump” instead of “Hump” is a standard approach
thought to effectively put drivers on the alert).
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MID-BLOCK RAISED MEDIANS / NARROWING TRAFFIC LANES
These techniques provide a flexible way to take
back space from the street for non-motor-vehicle
uses. Traditional traffic engineering calls for 12 to
13-foot lanes, citing “traffic safety” standards – but
newer evidence shows lanes as narrow as nine (9’)
feet can still be safe for driving.
Narrowing lanes and to widen sidewalks eases
crossing for pedestrian and gives them more space to walk.
Lanes can also be removed from serving traffic and designated for busses, trolleys or
other types of transit.
Traffic lanes can be transformed into bicycles lanes.
All street lanes can be narrowed together to create more room for non-auto uses.
Vertical elements like trees or bollards further reduce the “optical width” of a
narrowed street, thereby discouraging speeding.
CHICANES
Chicanes are sidewalk extensions that jog from one side of a street to the other to
replicate such a circuitous route. Below are of the benefits:
Narrow, curving roads encourage motorists to
drive more slowly and carefully.
A curvilinear path that interrupts a clear view and
compels drivers to slow down.
Chicanes can be formed using sculpture,
plantings and parking to enhance the
appearance and function of a street.
Diagonal parking and parallel parking can be
alternated to create a chicane effect.
Chicanes are best used on narrow roads to prevent vehicles from swinging out to
maintain their speed around the bends.
Level III
Similarly, Level III is designed to lessen traffic levels and impacts city-wide. This level
extends the term traffic calming to include a much wider range of traffic reduction
and control policies. This wide view interlaces traffic calming with urban transport
guidelines and away from its original focus on traffic management. This is the most
restrictive and most stringent traffic calming level and should be reserved as a last
resort. The following bulleted items describe some of the physical devices for Level
III.
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DIVERTERS
These physical barriers redirect traffic heading for a certain street onto a different
course, reducing vehicle overload on vulnerable (usually residential) streets overrun
by through traffic looking for shortcuts.
Diagonal Diverters traverse an entire intersection,
actually creating two unconnected streets that
each turn sharply away from one another.
Semi-Diverters restrict traffic in one direction to
prevent entrance to a street, while permitting
traffic to pass through in the other direction.
Although they effectively reduce traffic volume,
diverters must be part of a comprehensive
improvement scheme or else they can end up
simply displacing congestion.
STREET CLOSURE
The implementation of street closures is one of the
most restrictive traffic calming measures. This
treatment will redistribute traffic to other streets and
intersections. Additionally, access to the street
closed will limit access to adjacent properties and
may increase travel time and delay. This treatment
will require the most intense pre-implementation and
post-implementation analysis and should be left as a last resort.
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Traffic Calming Analysis (Phase 2)
This section will cover the analysis performed with the policy utilized to establish a
need for traffic calming measures. The governing standard utilized in this analysis
was Miami-Dade County’s Traffic Flow Modification(s) /Street Closure(s) Procedure.
Although the referenced manual identifies two phases (i.e. Phase 1 & Phase 2), this
traffic study followed the Phase 2 procedure which is initiated by applicant, in this
case the City of South Miami. Lastly, the Phase 1 procedure is an analysis/study
performed by Miami-Dade County Public Works Department (MDCPWD).
Traffic Calming Criteria & Thresholds
As indicated in the MDCPWD referenced manual, Traffic Calming Measures on
neighborhood streets may be considered if a traffic study finds sufficient
justification. As such, the study area was evaluated in an effort to identify any
traffic intrusion, excessive traffic volume, speeding, traffic accidents, etc and to
determine if the traffic data meets the MDCPWD first traffic calming criteria and at
least one of the remaining criteria as shown in Table 5 below.
The first or “Primary Criteria” is Minimum Traffic Volumes. These traffic volumes are
evaluated based on daily and peak hour totals. The “Second Criteria” includes
several traffic measures as follows:
85th Percentile Speed: This is the speed at which 85 percent of the motorist
are traveling.
Correctable Accidents: This would include only accidents that would be
correctable by the installation of Traffic Calming devices.
Cut Through Traffic: This is traffic that is looking to minimize their travel time by
avoiding congested arterial streets and cutting through neighborhood
streets.
Pedestrian Crossing Volume: This is the volume of pedestrian crossing streets
that are affected and in conflict with the traffic traveling along those streets.
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Table 5: Miami-Dade County Policy for Traffic Calming Measures
Traffic Calming Evaluation & Appraisal
The traffic data documented in this report was analyzed to determine whether it
meets the Miami-Dade County Policy for Traffic Calming Measures.
Minimum Traffic Volume
This criterion is met when the traffic volumes exceed 1,500 vehicles per day (vpd) or
150 vehicles during the peak hours (vph). The studied corridor is a local street and
therefore, the existing traffic volumes were compared to the first criterion, Minimum
Traffic Volume for Residential Local Streets. As a result, the traffic data exceeded
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No. Name AM Peak PM Peak AM Peak PM Peak
YES
Roadway Link
YES
YES
Peak Hour Volume > 150 VPH
225
97 2491,700 MET
2
113
NOT MET
NOT MET
3
At
1 SW 78 Street east of US 1
(US1 - South Miami Elks Drive)
93
Criterion
Satisfied
SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
MET
MET
2,100
MET
SW 78 Street west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)
1,800
Primary Criterion: Minimum Traffic Volume
NOT MET183MET
Two-Way
Peak Hour VolumeADT
(Rounded)ADT > 1,500 VPD
MET
the Minimum Traffic Volume threshold for Residential Local Streets and therefore,
the first criterion is met. Table 6 summarizes the results for each location.
Table 6: Minimum Traffic Volume Criterion
85th Percentile Speed
This criterion was evaluated to determine if the existing vehicular speed is a
concern at the studied locations. A speeding issue can be identified when the 85th
percentile speed of all vehicles is at least 10 miles per hour (MPH) greater than the
posted speed. The posted speed within the study area is 25 MPH and therefore, the
85th percentile speed data must reveal 35 MPH or greater to meet this criterion.
Based on the existing speed data, the highest 85th percentile speed within the
study area is 28 MPH and does not meet the speed criterion. Table 7 below
summarizes the average speed and the 85th percentile speed for the study area.
Correctable Accidents, Cut Through Traffic & Pedestrian Crossing Volume
Although no data was gathered to quantify accidents, cut through traffic and
pedestrian volume, our field observations revealed there are no issues regarding
the referenced criteria. However, in addition to the above, the following
observations were made during the field review:
No evidence of crashes or accidents
No cut through traffic was identified
Pedestrian volume was low to nonexistent
Therefore, this study assumes that the study area does not meet the criterion of
Correctable Accidents, Cut Through Traffic and Pedestrian Crossing Volume.
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No. Name
EB 21 NOT MET
WB 23 NOT MET
EB 21 NOT MET
WB 23 NOT MET
EB 28 NOT MET
WB 27 NOT MET
SW 78 Street
west of SW 63 Avenue
(South Miami Elks Drive -
SW 63 Avenue)
SW 78 Street west of SW 62 Avenue
(SW 63 Avenue - SW 62 Avenue)
At
1 SW 78 Street east of US 1
(US1 - South Miami Elks Drive)
3
2 NO
Criterion
SatisfiedDirection
NO
Roadway Link
85th Percentile
Speed (MPH)
85th Percentile
Speed:
10 MPH > Posted
Speed Limit
Other Criterion: 85th Percentile Speed
NO
Table 7: 85th Percentile Speed Criterion
Municipal Boundary Considerations
In addition to the criteria outlined above, the Miami-Dade County’s Traffic Flow
Modification(s) /Street Closure(s) Procedure allows for certain reductions in the
threshold shown in Table 5. These are shown as footnote *** as follows:
*** The traffic volume within a municipal boundary could be
reduced by a total of 30% and speed by 50% at the request of
and for those municipalities, which provide funding for their
traffic calming program.
The application of this criterion would still not meet the speed threshold of 30 MPH
(25 MPH posted plus 5 MPH or 50% of 10 MPH). However, since the volume criteria is
still met under this analysis as well, the City of South Miami could obtain
“Concurrence from affected residential/Property owners,” with a 2/3 of returned
ballots. Lastly, the code states:
Municipal Jurisdictions: In Lieu of concurrence a resolution is
acceptable from municipalities.
In summary, although traffic volumes exist to support traffic calming within the
subject study area, the lack of a secondary criteria will require the City to obtain a
two-thirds (2/3) concurrence from affected residents or pass a resolution. If either is
secured by the City, we would recommend the following traffic calming options:
Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive
Traffic Circle at SW 78th Street & SW 63 Avenue
Midblock Traffic Calming on SW 78th Street between SW 62nd & 63rd Avenue
o Choker or Neckdown/Narrowing traffic lanes
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Conclusion
In conclusion, the traffic calming analysis documented in this report reveals that SW
78th Street (between US 1 - SW 62nd Avenue) does not meet the MDCPWD traffic
calming criteria. The existing traffic data did satisfy the first criteria (Minimum Traffic
Volume), no other criterion was met and would require City action to implement.
Therefore, since traffic volumes do exist to support traffic calming within the subject
study area, the lack of a secondary criteria will require the City to obtain a two-
thirds (2/3) concurrence from affected residents or pass a resolution. If either is
secured by the City, we would recommend the following traffic calming options:
Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive
Traffic Circle at SW 78th Street & SW 63 Avenue
Midblock Traffic Calming on SW 78th Street between SW 62nd & 63rd Avenue
Choker or Neckdown/Narrowing traffic lanes
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Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, amending its rules for public
meetings of the City Commission and City Boards during a state of emergency due to a pandemic or similar
event requiring social distancing. 3/5 (Vice Mayor Welsh)
Suggested Action:
Attachments:
Res re Covid-19 AmendedRules for Mtgs.docx
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Resolution No. ________________1
2
A Resolution of the Mayor and City Commission of the City of South Miami, 3
Florida, amending its rules for public meetings of the City Commission and City 4
Boards during a state of emergency due to a pandemic or similar event requiring 5
social distancing.6
WHEREAS, on March 9, 2020, Governor Ron DeSantis, by virtue of the authority vested 7
in him by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and 8
all other applicable laws, issued Executive Order (EO) 20-52 declaring that a state of emergency 9
existed in the State of Florida due to the outbreak of Novel Coronavirus Disease 2019 (COVID-10
19); and11
WHEREAS,pursuant to the City’s municipal home rule powers to prepare for and respond 12
to weather and other emergencies, the Mayor and City Commission of the City of South Miami 13
enacted Ordinance no. 11-93-1539, entitled "Emergency Management; and 14
WHEREAS,the City’s Emergency Management ordinance provides for the City Manager 15
or designee to recommend a declaration of a public health emergency pursuant to sections 14-1 16
and 14-5 of the Code of Ordinances of South Miami; and17
WHEREAS,COVID-19 posed a serious and deadly health risk to City of South Miami 18
residents, particularly elderly residents; and19
WHEREAS,the threat posed by COVID-19 requires extraordinary and immediate actions 20
by the City of South Miami to protect the public health, safety and welfare of its citizens, business 21
owners and visitors; and22
WHEREAS, on March 13, 2020, believing that it was prudent to declare a public health 23
emergency and to organize all available City resources to prepare for, respond to and recover from 24
all threats to the security, safety and health of the people who live or work in South Miami, the 25
City Manager for the City of South Miami issued an executive order declaring a state of emergency 26
in the City of South Miami due to the threat of Covid-19; and 27
WHEREAS, on March 20, 2020, Governor Ron DeSantis, under EO 20-69, suspended all28
Florida Statutes that require a quorum to be present in person for local government to conduct 29
municipal business or requires a local government body to meet at a specific public place and gave 30
his blessing for government bodies to utilize communications media technology [CMT], such as 31
telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes ; and32
WHEREAS,Section 252.38(3)(a), Florida Statutes, gives power and authority to political33
subdivisions (defined therein as including municipalities) to declare and enact a State of Local 34
Emergency for a period of up to seven (7) days including unlimited extensions of additional seven 35
(7) day periods, and “to waive the procedures and formalities otherwise required of the political 36
subdivision by law pertaining to: a. Performance of public work and taking whatever prudent 37
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action is necessary to ensure the health, safety, and welfare of the community” as well as other 1
powers; and2
WHEREAS, the Center for Disease Control and Prevention has advised that to slow the 3
spread of the Coronavirus/COVID-19, individuals should adopt far-reaching social distancing 4
measures and the appropriate wearing of masks; and5
6
WHEREAS, §120.54(4), Fla. Stat., provides that in an emergency, a state agency may 7
adopt any rules that are fair under the circumstances if the agency finds that an immediate danger 8
to the public health, safety, or welfare necessitates and requires emergency action and such 9
action is limited to what is necessary to protect the public interest under the emergency 10
procedure and at the time of the action it publishes the specific facts and reasons for finding an 11
immediate danger to the public health, safety, or welfare and its reasons for concluding that the 12
procedure used is fair under the circumstances. However, under Section 120.54 the emergency 13
rules may not be effective for a period longer than 90 days and shall not be renewable except 14
under limited circumstances; and 15
WHEREAS,there has been a loosening of the state restrictions on interactions between 16
people and it has led to a disregard for safety precautions and a failure of people to wear masks 17
and to socially distance themselves from one another; and18
WHEREAS, the loosening of restriction has led to a rapid rise in the number of 19
Coronavirus cases; and 20
WHEREAS, the Florida Statute, Section 166.041 sets forth the minimum standards for 21
enacting ordinances and adopting resolutions. Subsection (4) states:22
A majority of the members of the governing body shall constitute a quorum. An 23
affirmative vote of a majority of a quorum present is necessary to enact any ordinance 24
or adopt any resolution; except that two-thirds of the membership of the board is required 25
to enact an emergency ordinance. ***26
; and27
WHEREAS, the Florida Statute, Section 166.041 defines a statutory quorum as a majority 28
of the membership of the governing body and a majority of the City Commission membership is 29
three members; and30
WHEREAS, the Florida Statute, Section 166.041(4) prohibits an ordinance from being 31
enacted and prohibits a resolution from being adopted unless it is done by an affirmative vote of a32
majority of a statutorily defined “quorum”, e. g., 3 members of a 5 member governing body being33
present; and34
WHEREAS, the City’s Charter and City Ordinances do not require that a quorum of the 35
City Commission be present in order to adopt resolutions or enact ordinances; and36
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Page 3 of 12
WHEREAS, the Office of the Florida Attorney General has consistently held that Florida 1
Statutes require that the requisite number of members to form a quorum be physically present in 2
the same room and, that if a quorum is physically present, the participation of an absent member 3
may be by video conferencing; and4
WHEREAS, the Office of the Florida Attorney General has been inconsistent over the 5
years as to whether a member of a Commission, board or committee may attend remotely when a 6
quorum is physically present and it has done so without any basis in law, either statutory or case 7
law; and8
WHEREAS, there is no statutory regulation of municipal boards in terms of the number 9
of members who must be present to conduct business; and10
WHEREAS, the City’s Code of Ordinances require that some boards must have a quorum 11
present to conduct business; and12
WHEREAS, the City’s Land Development Code once required that a quorum be present 13
before business could be conducted by the City’s Planning Board, its Environmental Review and 14
Preservation Board (ERPB) and its Historic Preservation Board. However, those sections of the 15
LDC have been amended to allow for a quorum to be present over a CMT platform; and16
WHEREAS, the Center for Disease Control and Prevention has advised that for the county 17
to slow the spread of the Coronavirus, individuals should adopt far-reaching social distancing 18
measures; and19
WHEREAS, the E O 2020-69 implied that local government bodies should adopt rules of 20
procedure for virtual meetings, in accordance with section 120.54(5)(b)(2), Fla. Stat. which 21
require: (1) Uniform rules for the scheduling of public meetings, hearings, and workshops; (2) 22
Uniform rules ….that provide procedures for conducting …[those meetings], and for taking 23
evidence, testimony, and argument at such …[meetings], in person and by means of 24
communications media technology. *** [A]ll evidence, testimony, and argument presented 25
…[must] be afforded equal consideration, regardless of the method of communication. If a …[the 26
meetings are] to be conducted by ..., or if attendance may be provided by …[communication media 27
technology], the notice shall so state. The notice … shall state how persons interested in attending 28
may do so and shall name locations, if any, where communications media technology facilities 29
will be available. *** Limiting points of access to …[meetings] to places not normally open to the 30
public shall be presumed to violate the right of access of the public, and any official action taken 31
under such circumstances is void and of no effect. *** As used in this subparagraph, 32
“communications media technology” means the electronic transmission of printed matter, audio, 33
full-motion video, freeze-frame video, compressed video, and digital video by any method 34
available.35
WHEREAS, the City adopted rules of procedure for virtual meeting on May 5, 2020 and 36
pursuant to Resolution No. 041-20-15481; and37
WHEREAS, the Governor’s EO 20-69 has expired and thus Section 166.041 is in full 38
force and effect. If the Attorney General opinions as to theirinterpretation of quorum requirements 39
257
Page 4 of 12
of Section 166.041 is upheld by a court of competent jurisdiction, then a statutory quorum of three 1
members must be present to legally enact ordinances and adopt resolutions by the City 2
Commission; and3
WHEREAS,the City Commission finds that if a member of the City Commission feels 4
unsafe attending the Commission meeting in person due to the risks associated with the 5
Coronavirus/COVID-19 pandemic, and wishes to attend the meeting virtually or telephonically, 6
the City Commission finds that there are currently "extraordinary circumstance" that warrant a7
member’s remote attendance, so long as there is a physical quorum present in the room; and8
WHEREAS, the City Commission desires to amend its emergency rules to account for the 9
Governor’s failure to continue the suspension of the quorum requirements of Section 166.041, Fla. 10
Stat., as well as to make other modifications to the emergency rules of procedure for meetings and 11
notices of public meetings during the Covid-19 pandemic or similar health emergencies.12
13
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 14
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:15
16
Section 1.The foregoing recitals are hereby ratified and confirmed as being true and they 17
are incorporated into this resolution by reference as if set forth in full herein.18
Section 2.The rules of procedure for public meetings and notices of those meetings during 19
the Covid-19 pandemic, or similar health emergencies, are hereby amended and are as set forth in 20
the attached Exhibit A to this Resolution. The City Attorney is authorized to make changes to the 21
rules, consistent with the Commission's intent and to comply with best practices, as they are 22
developed.23
24
Section 3.Corrections. Conforming language or technical scrivener-type corrections 25
may be made by the City Attorney for any conforming amendments to be incorporated into the 26
final resolution for signature. 27
Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 28
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will29
not affect the validity of the remaining portions of this resolution.30
31
Section 5. Effective Date.This resolution will become effective immediately upon 32
adoption.33
34
PASSED AND ADOPTED this ______ day of __________________, 2020.35
36
ATTEST:APPROVED:37
38
___________________________________________39
CITY CLERK MAYOR40
41
258
Page 5 of 12
READ AND APPROVED AS TO FORM, COMMISSION VOTE:1
LANGUAGE, LEGALITY AND EXECUTION Mayor Philips:2
EXECUTION THEREOF Vice Mayor Welsh:3
Commissioner Gil:4
Commissioner Harris:5
_______________________Commissioner Liebman:6
CITY ATTORNEY7
8
259
Page 6 of 12
Exhibit A1
2
3
RULES OF PROCEDURES FOR MEETINGS AND HEARINGS4
OF THE SOUTH MIAMI CITY COMMISSION5
(LEGISLATIVE AND QUASI-JUDICIAL) AND6
FOR ALL CITY BOARDS7
These rules are established in accordance with the Florida Governor's Executive 8
Order 20020-52 and 2020-69 (as amended), Chapter 252, Sections 120.54 and 9
166.041, Fla. Stat., Chapter 14 of the City’s Code of Ordinances, and the City’s 10
Home Rule Powers. They apply to all City Commission and board meetings and 11
are intended to address both legislative and quasi-judicial items. 12
13
Unless the Governor suspends Section 166.041(4) as it applies to a statutory 14
quorum being present to adopt resolutions and enact ordinances, a statutory 15
quorum of the City Commission will be present in Commission Chambers at City 16
Hall for all public meetings where resolutions are adopted and ordinances are 17
enacted and other members
1, as well as staff and the public may attend remotely18
using Communication Media Technology (CMT), such as the Zoom platform. The 19
meetings of all City Boards will be conducted using CMT and board members and 20
City Staff may attend remotely. 21
22
This action is taken in response to the Coronavirus/COVID-19 pandemic to 23
comply with social distancing recommendations intended to protect the life and 24
safety of City elected and appointed officials, City Staff and the public. 25
26
All references to the “chairperson” is a reference to the Mayor for City 27
Commission meeting procedures and the Board chairperson for all Board meeting28
procedures.29
30
PLATFORM: 31
The video conference platform Zoom, or other similar platforms, will be used for 32
all virtual City Boards and City Commission meetings. The City has a subscription 33
with Zoom and it is the current platform used by the City Clerk for live remote 34
public comments for City Commission meetings held during the state of 35
emergency. The word “Zoom” as used in these rules means any CMT platform 36
that allows a participant to appear live at any meeting.37
1 While the City remains in a State of Emergency due to the COVID-19 pandemic, the existence of the pandemic is
hereby determined to constitute an "extraordinary circumstance." (See AGO 03-41)
260
Page 7 of 12
Video of the virtual meeting will be streamed on the City’s website.In addition, a 1
dedicated phone line will be available so that any individual who does not wish (or 2
is unable) to use Zoom may listen to, and when appropriate, participate in, the 3
meetings via phone.4
5
NOTICE: 6
The meetings and hearings will be noticed in the same manner and at the same 7
locations as all City Commission meetings and hearings are noticed (including 8
mailed notice, as may be required by the City Code or Zoning Code). The Zoom 9
conference number (along with instructions) and phone number for participants 10
will be published on the City Commission agenda and will be included everywhere 11
that the meetings and hearings are noticed. 12
All notices will make clear that City Hall (and other meetings spaces where 13
advisory or quasi-judicial meetings/hearings may be held) is open for a limited 14
number of the public, especially for those members of the public who wish to 15
participate but who do not have the ability to participate in the hearing by CMT.16
All notices will provide that any person needing an accommodation to listen or 17
participate in the meeting should contact the City's Clerk.18
STAFF/PUBLIC PARTICIPATION: 19
20
Each member of the public will be given 5 minutes to participate in the meeting. 21
The board or the City Commission may increase or decrease the time by a vote of a 22
super majority of the members attending the meeting. 23
24
The public may comment on any non-quasi-judicial item on the agenda during 25
public remarks or during an advertised public hearing but will not be allowed to 26
comment twice on the same item. If the item is quasi-judicial, the public may only 27
comment during the taking of public testimony when the item is heard. Members 28
of the public who attend the meeting must keep their microphones muted at all 29
times, except when acknowledged by the chairperson to speak on a particular 30
agenda item.31
32
City Manager is authorized and instructed to adopt and strictly enforce rules to 33
prevent the spread of Covid-19 which must include the requirement that masks be 34
appropriately worn (covering both the mouth and nose and referred to as 35
Appropriately Wearing) in public. Everyone must maintain a distance from one 36
another of no less than 6 feet (Appropriate Social Distancing) and at all times when 37
entering and being within any building located in the City of South Miami. 38
Currently, the Commission Chambers, has a limited capacity of approximately 16 39
people depending on the conditions40
261
Page 8 of 12
1
QUASI-JUDICIAL HEARINGS: 2
Everyone who participates in a quasi-judicial hearing must appear in Chambers 3
in person, or, if they attend remotely, their live image must appear on the video 4
screen or if not, they must have pre-registered with the City Clerk and provided the 5
Clerk with sufficient identification as set forth below in pre-registration meeting 6
sign-up form.7
8
Summary of Procedure9
a.A member of the City’s Staff will present a report on the item.10
b.The Applicant will follow the Staff report and will present all its 11
evidence supporting the application.12
c.The public will be called upon to speak.13
d.The public speaking for or against this application will have a 5-14
minute time limit for public testimony.15
e.All speakers will be sworn in individually and the public speakers 16
may be cross-examined by the Applicant or the Applicant’s attorney. 17
However, the law does not give the public the right to cross-examine 18
anyone.19
f.The applicant or its attorney will be given opportunity to cross 20
examine each speaker.21
g.The applicant will be given an opportunity to provide rebuttal 22
evidence and a closing statement.23
h.The members of the Commission or Board will be given an 24
opportunity to ask questions of the applicant, the applicant’s attorney, the 25
applicant’s witnesses, and the public speakers.26
i.The Commission or Board will then deliberate and vote on the 27
item.28
Exhibits: For all quasi-judicial hearings except appeals, a list of all proposed 29
exhibits and a copy of the proposed exhibits must be provided to the City 30
Clerk/board liaison, five (5) days prior to the hearing, unless the Clerk or board 31
liaison determines that a smaller or greater amount of time is needed, in a format 32
that is easily viewable on the Zoom platform. All exhibits must be clearly labeled 33
to allow for efficient retrieval and display on the Zoom platform during the hearing. 34
All exhibits will be posted online, as is customary.35
MINUTES: 36
Minutes and a recording of the meeting will be kept as customary.37
38
39
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Page 9 of 12
ZOOM WEB-BASED VIRTUAL CITY MEETING PROCEDURE1
2
Live Remote Public Comment Process3
The City of South Miami is providing the ability to submit Live Remote Public 4
Comments and testimony to its virtual Meetings. Anyone wishing to submit a live 5
remote public comment through the Zoom process, will appear live on the TV 6
screens in Commission Chambers as well on the computer screen of the other 7
participants, including members of the applicable board, committee or commission8
during the meeting.9
10
You can test your connection to Zoom by clicking on the following link: 11
http://zoom.us/test12
13
Please make sure that your computer has a working speaker, microphone and, 14
preferably, a working webcam so that you can hear and be heard and see and be seen 15
on the City Hall monitors and by the other Zoom participants in the live streaming 16
of the meeting. Some computers and/or smartphones have both features. Should it 17
be impossible or undesirable for you to attend virtually by computer or smartphone, 18
you may participate in the meeting by telephone by dialing: +1-786-635-1003 and 19
entering Meeting ID: 3056636338 or join the meeting using the system set up at City 20
Hall and as explained in the notice of the meeting that is posted at City Hall and also 21
at http://www.southmiamifl.gov/580/Public-Meetings-Notices. There is limited 22
space for the public to attend and those who have contacted the City Clerk in advance 23
of the meeting and who have reserved a space will have a preference over those who 24
did not register for the meeting. Each Board may change its telephone number and 25
meeting ID provided it is clearly shown in its public meeting notice.26
27
At the beginning of all meetings, the participants will need to silence or turn off all 28
cell phones and silence or turn off the sound on all devices that are in the room 29
with the participant at their remote location, other than the device that they will be 30
using to participate in the meeting. Those who are attending in person in the 31
commission chambers, which is limited to approximately 16 people depending on 32
the conditions, must turn off all sound on all devices. If a participant’s devise 33
emits any sound while in the commission chambers and if the participant fails to 34
immediately silence it, or if it happens twice on that same day, the participant will 35
be asked to leave the chambers and will not be allowed to return with any 36
electronic devise that emit sound.37
38
If a Participant has not yet done so and a Participant will be participating during 39
public remarks or at a public hearing using Zoom, the Participant must have, at a 40
263
Page 10 of 12
minimum, a free Zoom account, a Participant should have entered the Participant’s1
actual name in the Participant’s Zoom profile and the Participant should sign-in to 2
the Participant’s Zoom account in order to participate in the meeting. If the 3
Participant has a Zoom account, ensure that the profile shows the Participant’s real 4
name so that when the Participant raises a “virtual hand” to speak the chairperson5
will know who the Participant is, otherwise the Participant may not be called upon 6
to speak depending on the circumstances. More instructions are also posted on the 7
City Clerk’s webpage at HTTP://WWW.SOUTHMIAMIFL.GOV/580/PUBLIC-8
MEETINGS-NOTICES and at City Hall on the Clerk’s outside bulletin board 9
located outside the side entrance to the building.10
If the Participant is using Zoom to attend the meeting, the Participant may 11
need to change the screen from “full screen” to “gallery” or “speaker view”. To do 12
this, move your mouse pointer/cursor around in the upper righthand corner of your 13
Zoom screen and you will see the options. 14
To be able to participate, you need to open the participant column. To do 15
this, move your mouse pointer/cursor over and around the bottom of your Zoom 16
screen to reveal the menu and in the middle is an icon and the word “participant”. 17
You must click on that word, “participant” and a column should open up to the 18
right of your Zoom screen and it will show the names of all of the Commission 19
members and all of the people attending through Zoom and attending over a 20
telephone line.21
For Zoom users, in the lower righthand corner of the participant column is 22
an icon of a “virtual hand” or the words “Raise Hand”. 23
If chairperson asks for certain people to raise their “virtual hand” and if you 24
are one of those people, and if you are using Zoom, you must click on the “virtual 25
hand” icon. If there isn’t a “virtual hand” icon, look for the words “Raise Hand” or 26
similar words and click on them.27
Those of you who are calling in on a phone line, in order to participate you 28
must dial 786-635-1003, and when asked for the meeting ID, type in 305-663-29
6338. If asked for the participant ID type the same number, 305-663-6338. 30
If you are one of those people who have been asked to raise a “virtual hand” 31
and you are using a telephone line to participate, then to raise your “virtual hand” 32
when called upon, and only when called upon, enter the star symbol (or asterisk) 33
on the phone keyboard and then the number 9. To take your “virtual hand” down, 34
do the same thing a second time. 35
36
If you want to mute yourself, enter the star (or asterisk) on the phone 37
keyboard and then the number 6. To unmute yourself, do the same thing. If you 38
are muted either while using Zoom or on a phone line, the chairperson may or may 39
not be able to unmute you when the chairperson is ready to call upon you. The 40
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chairperson may need to ask you to unmute yourself. If the chairperson does so, 1
and you are using a phone line, enter the star symbol or asterisk and then the 2
number 6. It may take a few seconds for it to work so be patient. Count to 3 3
before trying again. If you are on Zoom, there are 3 ways to unmute yourself. 4
Move your mouse pointer/cursor around the upper righthand corner of the small 5
screen showing your face or screen name. It should show the words “unmute”. 6
Click on that word. In the lower left-hand corner of the big Zoom screen, if you 7
Move your mouse pointer/cursor around that area you will see a symbol of a 8
microphone. If you are muted there will be a line striking through the mic symbol. 9
Clicking on the mic symbol will unmute your mic. Finally, if you have opened the 10
participant column to the right of your screen you will see your name and the mic 11
symbol with a line striking through it. Move your mouse pointer/cursor around in 12
that area and you will see the word “unmute”. Click on that word. In any case, 13
wait 3 seconds before trying again. If you have not unmuted yourself, the 14
chairperson will ask you a second time to unmute yourself. The chairperson will 15
wait 5 seconds and if you are not unmuted, the chairperson will go to the next 16
person.17
18
If you want to participate but your live image is not appearing on the Zoom 19
screen, you may want to log out of the meeting and log back into the meeting with 20
your phone or another computer that does have a webcam, otherwise, without your 21
live image appearing on the Zoom screen AND without pre-registering for the 22
meeting with appropriate identification, the chairperson will not be able to swear 23
you in and you will not be allowed to speak as to the quasi-judicial item on the 24
agenda.25
26
PRE-REGISTRATION 27
MEETING SIGN-UP FORM28
This form must be submitted to the City Clerk via email at 29
npayne@southmiamifl.gov or by phone at 305-663-6340, by 4:00 p.m., one 30
business day before the meeting.31
32
PARTICIPANT INFORMATION33
Name: _________________________________34
Address: ___________________________________________________35
Phone: ___________________Facsimile (if any): ___________________36
Email (if any): ______________________________________________37
Description of the item on the agenda item (“Topic”) upon which you intend 38
to present your verbal comments/evidence:39
___________________________________________________________40
265
Page 12 of 12
___________________________________________________________1
___________________________________________________________2
___________________________________________________________3
___________________________________________________________4
If attending meeting via ZOOM5
Please provide your Zoom screen name, which should be your real 6
name__________________________7
If attending meeting via the TELECONFERENCING OPTION8
Please provide the phone number you will be using to call into the meeting:9
_________________________10
11
QUASI-JUDICIAL ITEMS12
If the item to which you want to speak is quasi-judicial and you are called 13
upon to be sworn in but your live image will not be visible on-screen, you 14
must also deliver ONE of the following to the Clerk along with the Zoom 15
screen name or telephone name that will be appearing on the Zoom screen 16
representing your presence in the Zoom meeting:17
· a copy of your Florida identification card; or18
· a copy of your driver license; or19
· a copy of the page of a valid passport that has your photograph on it; or20
· a copy of other identifying documents as described in s. 117.05(5)(b)2, Fla. 21
Stat. ^^22
WITHOUT YOUR SCREEN NAME AND THIS INFORMATION, 23
YOU WILL NOT BE SWORN IN AND WILL NOT BE ALLOWED 24
TO TESTIFY AT THE QUASI-JUDICIAL HEARING.25
26
GENERAL MEETING PROCEDURE27
If you have signed up in advance of the meeting, you may be given priority ahead 28
of others who did not sign up. You will be called upon and you may speak on the 29
Topic and present your evidence (physical and testimonial) or comments through 30
your choice of communication (i.e., Zoom, teleconferencing, or in person).31
At the appropriate time, all participants who want to speak will be asked to raise 32
their virtual hands. If the Mayor/Chairperson requests that all or some speakers 33
take their hands down and if a participant fails to do so, or otherwise disrupts the 34
meeting, the chairperson may permanently mute that person's microphone and 35
video image for that meeting, and said person will not be allowed to participant in 36
that meeting.37
38
In addition, by signing up you may also receive priority for the limited space 39
available in the Commission Chambers.40
266
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution concerning approval of a Development Agreement for land described herein and generally located
at 5850 SW 73 Street and 7331 SW 59th Avenue, South Miami, FL, for a large-scale mixed-use development
with 248 residential units and proposed building intensity of 36,395 square feet of commercial space, proposed
population densities of 611 people, a parking garage and a proposed height of 118 feet eight inches; a copy of
the proposed agreement is available in the City Clerk’s office. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Approval
Attachments:
Res_approving_DevAgreeCArev.docx
DevelopAgreeBass-Rev2CArev.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
267
Resolution No._____________________1
2
A Resolution concerning approval of a Development Agreement for land described 3
herein and generally located at 5850 SW 73 Street and 7331 SW 59th Avenue, South 4
Miami, FL, for a large-scale mixed-use development with 248 residential units and 5
proposed building intensity of 36,395 square feet of commercial space, proposed 6
population densities of 611 people, a parking garage and a proposed height of 118 feet 7
eight inches; a copy of the proposed agreement is available in the City Clerk’s office.8
9
WHEREAS, 5850 SW 73 Street, LLC submitted an application (number PB-20-010) 10
requesting a Special Exception approval for a Large-Scale Development for a mixed-use building 11
located at 5840 SW 73 Street and 7331 SW 59th Avenue; and12
13
WHEREAS,the applicant also submitted requests to change the future land use 14
designation and the zoning designation; and15
16
WHEREAS, the site consists of 1.9 acres and the proposed development will consist of 17
248 residential units and 36,395 square feet of commercial space; and18
19
WHEREAS, the development is a Large-Scale Development; and20
21
WHEREAS, at its May 12, 2020 meeting, the Planning Board held a public hearing on the 22
application, considered each of the requirements and conditions for Large-Scale Development 23
listed in Section 20-8.9 of the Land Development Code (LDC), and voted six (6) to one (1) to 24
recommend approval of the requested Special Exception; and25
26
WHEREAS, at the June 2, 2020 Commission meeting the City Commission approved the 27
Special Exception for the large-scale development, with conditions; and28
29
WHEREAS, Section 20-8.9 provides that a developer of a large-scale development must 30
enter into a Development Agreement with the City in a form approved by the City Attorney and 31
including all of the conditions required for the granting of the special exception (“Development 32
Agreement”); and 33
34
WHEREAS,the City Attorney has drafted a Development Agreement that incorporated 35
all of the Special Exception conditions and that has been approved by the developer, a copy of 36
which is attached as Exhibit “A”; and37
38
WHEREAS, Section 20-8.9 requires that the Development Agreement comply with 39
Florida Statutory requirements for development agreements which requires two public hearings. 40
41
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 42
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:43
44
Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 45
correct and are hereby made a specific part of this resolution upon adoption hereof.46
47
268
Section 2:The Development Agreement, attached as Exhibit “A” between the City of 1
South Miami, Florida and 5850 SW 73 Street, LLC pertaining to the construction of a mixed-use 2
project is hereby approved. 3
4
Section 3. Corrections. Conforming language or technical scrivener-type corrections 5
may be made by the City Attorney for any conforming amendments to be incorporated into the 6
final resolution for signature.7
8
Section 4:The day, time, and place at which the second public hearing will be held shall 9
be announced at the first public hearing.10
11
Section 5. Severability.If any section clause, sentence, or phrase of this resolution is for 12
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will 13
not affect the validity of the remaining portions of this resolution.14
15
Section 6. Effective Date.This resolution will become effective immediately upon 16
adoption.17
18
PASSED AND ADOPTED this _______ day of, __________________, 2020.19
20
ATTEST:APPROVED:21
22
____________________________________________________23
CITY CLERK MAYOR24
1st Reading25
2nd Reading26
27
READ AND APPROVED AS TO FORM, COMMISSION VOTE:28
LANGUAGE, LEGALITY AND Mayor Philips:29
EXECUTION THEREOF Vice Mayor Welsh:30
Commissioner Gil:31
_______________________Commissioner Harris:32
CITY ATTORNEY Commissioner Liebman:33
269
Page 1 of 24
FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
between
5850 S.W. 73 STREET LLC, a
Florida limited liability company
and
CITY OF SOUTH MIAMI, a
Florida municipal corporation
And
FIRST AMENDED & RESTATED
COVENANT RUNNING WITH THE LAND
DATED AS OF ____________ ___, 2020
270
Page 2 of 24
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is executed as of this ___ day of
_________________, 2020, by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation (“City”) and 5850 S.W. 73 STREET LLC, a Florida limited liability company
(“Developer”).
RECITALS:
A.Developer is the owner of the property more particularly described in Exhibit A1
attached hereto (the “Property”).
B.Developer has applied to the City Commission for approval of a Special Exception
pursuant to Section 20-8.9 of the City’s Land Development Code (“LDC”).
C.Section 20-8.9 of the City’s LDC requires a Development Agreement to be entered
into with respect to the Project, as defined below, which grants certain assurances regarding the
construction, operation, and maintenance of the proposed Project.
D.The City and Developer desire to enter into this Agreement for the purpose of
providing the terms and conditions on which the Property is to be developed.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and Developer hereby mutually covenant and agree as follows:
ARTICLE I. EXHIBITS, DEFINITIONS, AND FURTHER ASSURANCES
Section 1.1 Exhibits. Attached hereto and forming a part of this Agreement are the
following Exhibits1:
Exhibit A1 Legal Description of Property
Exhibit B1 Special Exception Approval,
City Resolution No. 050-20-15490
Exhibit C1 Anticipated Development Schedule
Exhibit D1 Boundaries of the Public Plaza
Section 1.2 Defined Terms. In addition to other terms defined in this Agreement, as
used herein the term:
1 To the extent that any exhibit conflicts with the language and terms of the Agreement, the
language and terms of the Exhibits will govern.
271
Page 3 of 24
“Affiliate” or “affiliate” means with respect to any Person (i) any Person directly or
indirectly controlling, controlled by or under common control with such Person (ii) any officer,
director, general partner, member; manager or trustee of such Person or (iii) any Person who is an
officer, director, general partner, member, manager or trustee of any Person described in clauses
(i) or (ii) of this sentence. For purposes of this definition, the terms “controlling,” “controlled by”
or “under common control with” means the possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a Person or entity, whether through the
ownership of voting securities, by contract or otherwise, or the power to elect at least fifty percent
(50%) of the directors, managers, general partners, or persons exercising similar authority with
respect to such Person. For purposes hereof the term “Person” means any legal entity, (including
corporations and limited liability company), any association of individuals or business entities,
any trust (including business trust, real estate investment trust, common law trust, or other trust),
any partnership (including general partnership, limited partnership, limited liability limited
partnership, limited liability partnership), joint venture, or two or more persons or entities (or any
combination thereof and the estates of any of those individuals) having a joint or common
economic interest, or any individual (or estate of such individual).
“Agreement” means this Development Agreement, as the same may be modified or
amended from time to time.
“Applicant” means the entity who applied for a Special Exception approval of the Project
pursuant to Section 20-8.9, LDC.
“City” unless otherwise specified or required by the context, means the City of South
Miami.
“City Manager” means the City Manager of the City of South Miami.
“Developer” means 5850 S.W. 73 Street LLC, or its successors or assigns if such
succession or assignment is authorized.
“Developer Improvements” consists of the improvements contemplated to be constructed
by Developer pursuant to the Regulatory Plans.
“Due Diligence” means that a party must commence the activity required by this
Agreement (the Goal) as soon as possible and diligently, persistently and in good faith pursue the
accomplishment of the Goal without delay on the part of said party.
“Electronic Communication” includes e-mail, facsimile transmission, or any non-physical
communication means that may be developed in the future.
“Event of Default” has the meaning ascribed to it in Section 3.3.
“Existing Zoning” means the zoning in effect on the Effective Date of this Agreement,
which specifically includes the text amendments approved in connection with the approval of the
Project and codified in City Ordinance No. 17-20-2371.
“Force Majeure Events” includes, without limitation, strikes, lockouts, acts of God,
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pandemic, unusual delay in obtaining or inability to obtain labor or materials due to governmental
restrictions, enemy action, civil commotion, fire, hurricane, severe weather, sabotage, unavoidable
casualty or other similar causes beyond the reasonable control of a party. Force Majeure events
do not include a party’s insolvency or financial condition or anything that causes a default in any
Project financing or difficulty in obtaining financing.
“Lender” means any lender, and any successor, assignee, transferee, or designee of such
lender, which provides financing, secured or unsecured, in connection with the Project, which
include, without limitation, any mortgagee.
“Plaza” means a privately-owned area of land that functions as part of the public realm and
is open to members of the public and as otherwise defined in Section 20-8.2 of the LDC.
“Project” means the improvements to be developed by the Developer on the Property
pursuant to the Regulatory Plans.
“Regulatory Plan” has the same meaning as set forth in Section 2.1.
“Section”, “Subsection”, “Paragraph”, “Subparagraph”, “Clause”, or “Subclause”
followed by a number or letter means the section, subsection, paragraph, subparagraph, clause, or
subclause of this Agreement so designated unless otherwise indicated here or within this
Agreement. All references to Section 20 followed by a dash refers to Chapter 20 of the City’s
LDC as it existed on June 2, 2020.
“Special Exception”mean the required process for approval of a Large-Scale Development
as set forth in Section 20-8.9, LDC.
“Special Exception Approval” means City Resolution No. 05-20-15490 adopted June 2,
2020 and attached as Exhibit B1 to this Agreement.
Section 1.3 Approvals and Consents. Wherever in this Agreement the approval or
consent of any party is required, and except as otherwise specified, such approval or consent will
not be unreasonably withheld or delayed.
Section 1.4 Conditions Pursuant to Resolution Approving Special Exception.
General Conditions
1.4.1. The proposed development will be substantially built in accordance with the
documents submitted including: Letter of Intent; Exhibit A (April 20, 2020); Planning Board
Submittal (04/20/2020); Loading Management Plan (April 21, 2020); and Traffic Study (April
2020). Plans submitted entitled “South Miami Market”, consisting of a total of 69 sheets:
Architectural Plans prepared by Corwil Architects (43 sheets); Landscape Plans prepared by
Geomantic Designs, Inc. (13 sheets); and Civil Plans prepared by Kimley Horn (13 sheets). The
survey was prepared by Narcisco J. Ramirez and consists of one sheet dated April 2, 2018. In
addition, the following amendments to these plans: Ground floor site plan (updated
5/26/2020)(reflecting that a column has been removed from the loading zone to accommodate two
WB-50 trucks on-site); Loading Area Management Plan Exhibit 3 (updated 6/2/2020)( reflecting
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the removal of the column noted above to allow for two WB-50 trucks on-site); SoMi Market -
WB50 Maneuverability (4 sheets, updated 5/26/2020)(showing the maneuverability/access for
both WB-50s into the loading area); Landscaping Sheets L-3, L-4, L-5, L-7, L-9, and L-12 (all
updated 6/1/2020)(showing the replacement of bromeliads with soft tip agave and the inclusion of
the DeepRoot system as requested at First Reading); the presentation of the South Miami Market
to the Planning Board on May 12, 2020 (shown by the Applicant at the May 12, 2020 Planning
Board hearing and May 19, 2020 City Commission Hearing); and the presentation of the South
Miami Market to the City Commission on June 2, 2020 (shown by the Applicant at the June 2,
2020 City Commission hearing).
1.4.2. All Streetscape Improvements required under any approvals must be completed
prior to the first Certificate of Occupancy unless such deadline is extended by the City Manager.
1.4.3. Improvements to the Public Right-of-Way must first be approved by the City of
South Miami and all other applicable agency such as FDOT and Miami-Dade County.
1.4.4. All impact fees must be paid prior to issuance of building permit.
1.4.5. Developer must provide a declaration, signed by the Developer under penalties of
perjury and in accordance with §92.525, Fla. Stat., attesting to the fact that the Project is in
compliance with the applicable Level of Services requirements prior to the issuance of building
permit to the Property. If any concurrency approvals expire a re-review must be obtained by the
Developer from the appropriate agency and a new declaration must be delivered to the City
Manager within 30 days of the expiration date.
1.4.6. A new Concurrency Analysis will be prepared by the City if there are any changes
that increase densities, intensities, or population and if any additional fees are charged, they must
be paid for by the Developer.
1.4.7. Applicant must submit verification from Miami-Dade County that the proposed
new development has been reviewed and approved for all access management considerations prior
to site plan approval.
1.4.8. Finished floor elevations must be reviewed and approved for consistency with
FEMA requirements and the City’s National Insurance Flood Program Ordinance prior to building
permit approval.
1.4.9. The Developer must be in compliance with applicable conditions and requirements
by Miami-Dade County Public Works Department, Fire Rescue Department, Department of
Regulatory and Economics Resources - DERM (DRER), and Miami-Dade County Water and
Sewer Department, if any.
1.4.10. A secured bicycle room with amenities will be made available to the commercial
component of the development if the Developer desires to use the bicycle bonus provision to add
a floor.
1.4.11. So long as the Developer is required by Section 20-8.3(A)(4) to have a grocery
store, the City may enforce the parking requirements of Section 20-8.3(A)(4).
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1.4.12. Construction must only take place Monday through Saturday during the hours of
7:30 a.m. and 6:00 p.m. Clean-up type activities that do not involve mechanical equipment will
be allowed on Sundays between 8:00 a.m. and 5:00 p.m.
Landscape
1.4.13. Developer must execute and record in the public records of Miami-Dade County, a
Maintenance Covenant, in a form approved by the City Commission and City Attorney, which
complies with the requirements of Land Development Code Section 20-8.9 before a building
permit is issued to the Developer pursuant to Section 20-8.9(I).
1.4.14. Developer must meet all of the minimum requirements of the City Code, Chapters
18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed
by Miami-Dade County Department of Regulatory and Economic Resources - DERM (DRER), if
any.
1.4.15. Pursuant to Sec. 20-4.5, as may be amended, Developer must preserve existing trees
(including native trees) during the development of the project, wherever possible. If the trees must
be removed, the Developer must mitigate the impact in accordance with City requirements. If the
relocated trees do not survive, the Developer must replace the trees in compliance with City
requirements.
1.4.16. The Landscape Plan (Sheet L-1) notes that the Developerproposes to donate fifteen
(15) existing Sabal Palms to the City. Should the City not accept this donation the Developer must
mitigate these Palms as required by the City Landscape Code.
1.4.17. The Property must be landscaped in accordance with the landscape plan, included
with the site plan submittal and approved by the Environmental Review and Preservation Board.
Environmental
1.4.18. The Project must be in compliance with the requirements of the Miami-Dade
County Water-Use Efficiency Standards Manual (effective January 2009), as may be amended
from time to time.
1.4.19. All on-site storm water drainage systems must be maintained in working order. The
on-site storm water drainage system must be designed and maintained to store the Project’s storm
water runoff on-site as required by applicable storm event design requirements of DERM or
SFWMD whichever controls. Parking is not allowed on top of any drainage inlet or drainage
manhole.
Construction General Conditions
1.4.20. A Construction and Maintenance of Traffic (MOT) Plan must be provided by the
Developer to the Building and Public Works Departments for approval prior to start of
construction. Access points by construction vehicles must be provided within the MOT. All
construction vehicles must use SW 58th Court, SW 73rd Street, or SW 74th Street unless otherwise
approved by the Department.
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1.4.21. The Developer must provide for the reconstruction of the adjoining roadways,
sidewalks, and drainage to their conditions prior to construction, or better, and to provide a
performance bond equal to 100% of the total cost of reconstruction.
1.4.22. The Developer must provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
1.4.23. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Developer at time of building permit.
Architecture
1.4.24. Final approval of all plans must be obtained from the Environmental Review and
Preservation Board and Developer and must be in substantial compliance with the approved plans
including design, materials, and color palette.
Developer’s Proffered Refinements and Commitments
1.4.25. The 73rd Street Streetscape. The Developer shall perform streetscape
improvements on 73rd street between 58th Court and 59th Avenue (the “Streetscape
Improvements”). The 73rd Streetscape Improvements include sidewalk paver improvements,
street pavement improvements, and crosswalk improvements. As part of the Streetscape
Improvements the Developer shall submit roadway geometry alignment design plans for review
and approval by the City Manager or City Manager designee to meet the Miami-Dade County
public works minimum design standard for 73rd street, 59th Avenue and 58th Court intersections,
and on-street parking.
1.4.26. Supplemental Traffic Counting. The Developershall perform traffic counts on 59th
Avenue between 74th Street and 80th Street and 59th Court between 76th Street and 78th Street
within 18 months of final Certificate of Occupancy and provide those results to the City Manager.
1.4.27. Mobility Improvement Payment. The Developer shall provide the City with a
pedestrian mobility improvement payment to the City’s general fund in the amount of $250,000
payable at time of building permit for the City to use in its discretion to fund public realm
improvements (“Mobility Improvement Payment”). If, following completion of the construction
of the Project approved herein, the Miami-Dade County Property Appraiser (“Property
Appraiser”) assesses the value of the lands together with the completed building at less than $70
million in the first year following issuance of the final Certificate of Occupancy, then the
Developer shall provide an additional $250,000 payment to the City’s general fund for the City to
use for the same purposes described in the immediately preceding sentence (“Second Mobility
Improvement Payment”) to be paid within 180 days of the Developer’s receipt of notice of the
Property Appraiser’s post completion assessed property valuations. Conversely, if the Property
Appraiser assesses the value of the lands and the completed building at $70 million or more in the
first year following issuance of the Certificate of Occupancy, then the Second Mobility
Improvement Payment shall not be due.
1.4.28. Bird-Friendly Design. The Developer shall incorporate bird-friendly design
principles into its use and selection of glazing products and lighting design for the development.
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1.4.29. Cistern. The Developer shall incorporate a cistern to be used where feasible for the
drip irrigation of landscaping planted on or contiguous to the site. It is expressly recognized that
drip-irrigation may not be sufficient for all of the Project’s irrigation needs.
1.4.30. Solar. The City recognizes that limited roof area exists for the Developer to
incorporate solar panels and that the Developer is constrained in its ability to generate a substantial
amount of power through solar. Nevertheless, the Developer agrees to incorporate solar panels
where feasible, with the location of the panels to be the Developer’s sole discretion, to provide
some amount of solar power to a building feature or component.
1.4.31. The Developer shall abide by the Hours of Operation, Monitoring Ingress and
Egress, and Loading Dock Manager sections of the SoMi Market Loading Area Management Plan
dated April 21, 2020 prepared by David Plummer & Associates and submitted by the Applicant.
1.4.32. The delivery trucks serving the Project shall not enter upon, park, turn or otherwise
enter the parking lot or other portions of the property identified as 5900 S.W. 73rd Street, South
Miami, Florida 33143, and Folio No. 09-4036-029-0010.
1.4.33. The doors to the loading area garage of the Project facing SW 59th Avenue shall
be closed except during active loading and unloading operations.
ARTICLE II.
Section 2.1 Regulatory Plans. Developer and the City acknowledge and agree that the
Property will be developed in substantial conformance with the architectural, engineering and
landscaping plans listed in Section 1.4.1 of this Agreement as the same may be amended, with the
approval of the City Commission, from time to time and the terms and conditions of this
Agreement; (collectively, the “Regulatory Plans”) it being agreed that any amendments to the
Regulatory Plans will comply with the City's process for amending a site plan.
Section 2.2 Project Uses. In accordance with Section 20-8.9(F), the Project shall not contain
a single permitted use that exceeds eighty thousand (80,000) square feet of gross floor area,
except that no such limitation shall apply to residential uses. The Project shall contain a full
service grocery store and a minimum of 20,000 square feet of ground floor devoted to a grocery
store, exclusive of back of house, loading area and common areas of the building (the “Grocery
Store Space”). If the Grocery Store Space is vacant for more than two (2) years or if a grocery
store is not feasible as determined in Section 20-8.3(A)(4)(f), the Developer must comply with
all the applicable requirements of Section 20-8.3(A) and 10% of the dwelling units above the
second floor must be Affordable Housing of which one half (1/2) must be set aside for Low
Income and Very Low Income Individuals and Families and one half (1/2) must be set aside for
Moderate Income Individuals and Families. Grocery Store Lease Exception:The affordable
housing provisions of Section 20-8.3 shall not apply if the Owner and/or the Developer: (1)
presents the City Manager with a duly executed lease in recordable form with an initial lease
term of twenty (20) years and providing at least two (2) lease extension periods of five (5) years
each for the operation of a Grocery Store; (2) obtains a Certificate of Occupancy for the Grocery
Store; and (3) obtains from the City a local business tax receipt for the Grocery Store. For clarity
and for the avoidance of doubt, once the Owner and/or theDeveloper satisfies conditions (1), (2),
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and (3) in the immediately preceding sentence, no affordable housing requirements of Section
20-8.3(a)(4) or any other provisions of the City’s Code or LDC shall thereafter attach to the
Property. In the event of a conflict between any regulation and Section 2-8.3(a)(4)(h), the
provisions of Section 2-8.3(a)(4)(h) shall prevail.
Section 2.3 Anticipated Development Schedule.It is currently contemplated by
Developer that the Property will be developed in accordance with the time frames set forth on
Exhibit C1 attached hereto.
Section 2.4 Plaza. The Plaza indicated on the Regulatory Plans, and as more clearly
defined in the attached Exhibit D1 will be open to the public in accordance with Section 20-8.10(C)
for so long as the Development is 9 stories in height but subject to (a) closures required from time
to time for replacement and repair and (b) reasonable limitations on hours of operation as
established by Developer from time to time. The Plaza will be maintained by Developer at a level
of quality equal to or higher than the City’s standards for municipal public open spaces in effect
on the date hereof.
Section 2.5 Parking. Parking will be provided as set forth in the Regulatory Plans, the
Resolution approving the Special Exception, Exhibit C1, and as required by the MU-M zoning
district regulations.
ARTICLE III. LAND USES
Section 3.1 Land Uses. For the term of this Agreement, the City agrees that it shall
permit the development of the Property in accordance with the Existing Zoning, the City’s adopted
Comprehensive Plan, the Special Exception Approval and this Agreement. Nothing contained in
this Agreement shall prohibit additional permitted or special uses on the Property as any change
in regulations subsequently enacted by the City that are applicable by to the Property. The
expiration or termination of this Agreement shall not be considered a waiver of, or limitation upon,
the rights, including, but not limited to, any claims of vested rights or equitable estoppel, obtained
or held by Owner or its successors or assigns to continue development of the Property in
conformity with all prior and subsequent development permits or development orders granted by
the City. However, nothing contained herein shall prevent the City from applying subsequently
adopted laws and policies to this development if the local government has held a public hearing
and determined:
(a) They do not prevent development of the land uses, intensities, or densities in the
development agreement; and
(b) They are essential to the public health, safety, or welfare, and expressly state that they
shall apply to a development that is subject to a development agreement; and
(c) Substantial changes have occurred in pertinent conditions existing at the time of
approval of the development agreement; or
(d) The development agreement is based on substantially inaccurate information supplied
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by Developer.
The expiration or termination of this Agreement shall not be considered a waiver of, or limitation
upon, the requirement, and City’s enforcement, of the LDC. Developer will devote the Property
and Developer Improvements only to the uses specified in this Agreement and to be bound by and
comply with all the provisions and conditions of this Agreement.
Section 3.2 Character and Operation Standards of Property and Developer
Improvements. The parties recognize and acknowledge that the way the Project is developed,
operated, and maintained are matters of great public importance to the City. Therefore, the
Developer hereby agrees to develop, operate and maintain the Project and all other property and
equipment located thereon which are owned, leased or maintained by Developer in good order,
condition, repair and appearance and in a manner and in compliance with all applicable federal,
state or local laws, rules, regulations, codes or ordinances. To help accomplish this result,
Developer will establish such reasonable rules and regulations governing the use and operation
of the Project and by tenants therein as Developer may deem necessary or desirable in order to
assure the level of quality and character of operation of the Project required herein, and Developer
will use all reasonable efforts to enforce such rules and regulations. However, nothing contained
herein will be or be deemed to be any contract or agreement by the City, in its municipal capacity,
to grant approvals for the Project or with respect to any zoning decisions affecting the Project.
Section 3.3 Failure-Performance of Covenants.
3.3.1 In the event the Developer fails to perform in accordance with or to comply with
any of the covenants, conditions and agreements which are to be performed or complied with by
the Developer in this Agreement (a “Default”) and fails to cure the Default within thirty (30) days
(the “Cure Period”) after receiving written notice of the Default or fails to use all
Due Diligence in commencing the cure and in proceeding to effectuate the cure. If the
Developer is unable to timely cure the default after receiving written notice, the Developer may
request an extension of time from the City Commission which may be granted (“Extended Cure
Period”) upon presentation of substantial competent evidence establishing the Developer’s good
faith and Due Diligence, justifiable reasons for the delay and the amount of time needed to cure
the default. In the event that the Developer fails to cure the Default within the Cure Period, or
within the Extended Cure Period(s), whichever is greater, such failure will constitute an Event of
Default and a fine will be assessed against the owner Developer in the amount of one hundred fifty
dollars ($150.00), or such amount as may be set forth in the City Fee Schedule, for each day the
Developer remains in Default thereafter.
3.3.2 In the event that a fine is assessed against the Developer, or the City incurs any
expense towards curing the Default, the City willhave the right to file a lien, or a continuing special
assessment lien, as may be applicable, against the Property and file a lien foreclose action for the
full amount of money incurred by the City for said expense as well as for any fine that has been
assessed. The City’s lien will be perfected upon being recorded in the land records in Miami-Dade
County, Florida and will be of equal rank and dignity as the lien of City’s ad valorem taxes and
superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the
land in question, unless in conflict with state statutes or Miami-Dade County code.
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3.3.3 The City has the right to proceed against the Developer to collect the above-
described costs and expenses without resorting to a lien and/or lien foreclosure. The City’s
remedies include all those available in law or in equity, including injunctive relief. The exercise
of one available remedy will not be deemed a waiver of any other available remedy.
Section 3.4 Unavoidable Delay or Force Majeure Events.
3.4.1 Notwithstanding any of the provisions of this Agreement to the contrary, and except
as provided herein, neither the City nor Developer, as the case may be, nor any successor in
interest, will be considered in breach of or in default of any of its obligations, including, but not
limited to, the preparation of the Property for development, or the beginning and completion of
construction of the Developer Improvements or the Offsite Improvements, if any, or progress in
respect thereto, in the event of unavoidable delay in the performance of such obligations due to
Force Majeure Events. All applicable time period(s) impacted by Force Majeure Events will be
extended for the length of the unavoidable delay caused by said event.
3.4.2 With respect to any Force Majeure Event that results in any damage to the
Developer Improvements and/or the Offsite Improvements all applicable time period(s) will be
extended for the following periods of time: (i) from the date of the Force Majeure Event causing
damage through and including the date the Developer receives all insurance proceeds related to
such damage, provided the Developer exercises Due Diligence and (ii) following receipt of all
insurance proceeds needed to pay for the completion of the repair, through and, as long as the
Developer exercises Due Diligence it will include the reasonable time period which is needed for
the Developer to restore the Developer Improvements and/or Offsite Improvements to the
condition which existed immediately preceding the Force Majeure Event causing the damage.
Notwithstanding the foregoing, if the damage to the Developer Improvements and/or the Offsite
Improvements is not covered by insurance all applicable time period(s) will be extended for the
following periods of time: (i) from the date of the Force Majeure Event causing damage through
and including the date the Developer secures the financing necessary to repair the damage to the
Developer Site and/or Off-Site Improvements, provided the Developer exercises Due Diligence
and (ii) as long as the Developer exercises Due Diligence it will include the time period following
receipt of the financing through and including the reasonable time period which is needed for the
Developer to restore the Developer Improvements and/or Offsite Improvements to the condition
which existed immediately preceding the Force Majeure Event causing the damage.
Section 3.5 Obligations, Rights and Remedies Cumulative. The rights, remedies and
privileges of the parties to this Agreement, whether provided by law or by this Agreement, are
cumulative, and the exercise by either party of any one or more of such remedies will neither be
deemed to constitute an election of remedies, nor will it preclude the party exercising such other
additional rights, remedies or privileges, or from exercising at the same or different times, of any
other such remedies for the same default or breach, or of any of its remedies for any other default
or breach by the other party. No waiver made by either party with respect to performance, or
manner or time thereof, of any obligation of the other party or any condition to its own obligation
under this Agreement will be considered a waiver of any rights of the party making the waiver
with respect to the particular obligations of the other party or condition to its own obligation
beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in
regard to any other rights of the party making the waiver or in regard to any obligation of the other
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party. No waiver may be implied by the acts or omissions of the parties to this Agreement or any
of their agents, officers, directors, or employees. In the event of a violation of this Agreement or
the Maintenance Covenant, in addition to any other remedies available, the City of South Miami
is hereby authorized to withhold any future permits and refuse to make any inspections or grant
any approval, until such time as the Developer is in compliance with this Agreement..
Section 3.6 Waiver of Jury Trial. City and Developer knowingly, irrevocably
voluntarily and intentionally waive any right either may have to a trial by jury in state or federal
court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this
Development Agreement.
ARTICLE IV. RESTRICTIVE COVENANTS.
Section 4.1 This Development Agreement constitute a covenant running with the land and
shall be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida. It
will remain in full force and effect, and its restrictions are binding upon the current and future
owner, including the owner’s heirs, successors, personal representatives, assigns, mortgagees and
lessees, until such time as it is released by the City Commission or in accordance with this
Agreement. Notwithstanding anything contained herein to the contrary, the requirement for a
public plaza and maintenance covenant will survive the termination of this Agreement, unless
specifically released by the City Commission.
Section 4.2 Use Prohibitions of the Property and Developer Improvements. The Property
may not be used by Developer nor may Developer permit the use of same for the following: Any
unlawful or illegal business, use or purpose, or for any business, use or purpose which is immoral
or disreputable (including without limitation “adult entertainment establishments” and “adult
bookstores”) or extra-hazardous, or in such manner as to constitute a nuisance of any kind (public
or private), or for any purpose or in any way in violation of the certificates of occupancy (or other
similar approvals of applicable governmental authorities) or of rules, regulations, ordinances or
laws applicable to the Property.
Section 4.3 No Discrimination.
4.3.1 No covenant, agreement, lease, conveyance or other instrument concerning the sale,
lease, use or occupancy of the Property and Developer Improvements or any portion thereof will
be effected or executed by Developer, or any of its successors or assigns, whereby the Property
and Developer Improvements or any portion thereof is restricted by Developer, or any successor
in interest, upon the basis of race, color, religion, sex, national origin, or handicap. Developer will
comply with all applicable state and local laws, in effect from time to time, prohibiting
discrimination or segregation by reason of race, color, religion, sex, national origin, or handicap
in the sale, lease, use or occupancy of the Property and Developer Improvements or any portion
thereof. Furthermore, Developer agrees to make accommodations for the handicapped as required
by law and that no otherwise qualified handicapped individual will, solely by reason of his or her
handicap, be excluded from participation in, be denied the benefits of, be denied access to facilities
within the Property and Developer Improvements or be subjected to discrimination under any
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program or activity allowed under this Agreement except as permitted by law.
4.3.2 Anything in Section 3.3 hereof to the contrary notwithstanding, if the City believes
that a default has occurred because of a failure by Developer, its successors or assigns or any
subsequent owner or occupant (i.e. a tenant under a residential lease or a retail lease) to comply
with the terms of this Section 4.2, it may send to Developer and/or occupant a written notice of
intent to declare a default because of such failure (the “Pre-Default Notice”). The Pre-Default
Notice is not a declaration of a default hereunder. If Developer and/or occupant, after reviewing
the Pre-Default Notice (which must specify the respects in which the City contends that such a
failure should be considered a default), believes that such a failure is not a default under this
Section 4.2, Developer and/or occupant, must within ten (10) days of receipt of such Pre-Default
Notice, advise the City of such determination (which must specify the respects in which Developer
and/or occupant contends that such a failure should not be considered a default under this Section
4.2). If the City is not satisfied with the response, then the City may declare an Event of Default
under this Agreement.
ARTICLE V. SIGNS
Section 5.5 Regulation.All Project signs must comply with the requirements of
applicable federal, state, or local rules, orders, regulations, laws, statutes, or ordinances.
ARTICLE VI. PLAZA
Section 6.Events in and Around the Plaza. From time to time, the Developer may
sponsor or similarly partner with organizations to hold temporary events in and around the Plaza.
In advance of a temporary event, the Developer must submit an application to the City consistent
with the requirements contained in the City’s LDC and Code of Ordinances to obtain the necessary
permits and approvals.
ARTICLE VII.MISCELLANEOUS PROVISIONS
Section 7.1 No Partnership or Joint Venture. It is mutually understood and agreed that
nothing contained in this Agreement is intended nor may it be construed in any manner or under
any circumstances whatsoever as creating or establishing the relationship of co-partners, or
creating or establishing the relationship of a joint venture between the City and Developer, or as
constituting Developer as the agent or representative of the City for any purpose or in any manner
whatsoever.
Section 7.2 Recording, Documentary Stamps. This Agreement may be recorded by
either party among the Land Records of Miami-Dade County, State of Florida, and the cost of any
such recordation must be paid in full by Developer.
Section 7.3 Florida and Local Laws Prevail. This Agreement is governed by the laws
of the State of Florida. This Agreement is subject to and must comply with the Charter of the City
of South Miamias the same is in existence as of the execution of this Agreement and the ordinances
of the City of South Miami; provided, however, future ordinances of the City will not affect the
terms and provisions of this Agreement (i) unless uniformly applicable to property similarly
situated with the Property and Developer Improvements; provided, however, to the extent
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Developer would otherwise be grandfathered or not subject to such ordinances if this Agreement
did not exist, Developer will not be subject to such ordinances or (ii) if the same impairs the rights
of Developer or the obligations of the City hereunder. Subject to the foregoing, any conflicts
between this Agreement and the aforementioned Charter and ordinances will be resolved in favor
of the latter. If any term, covenant, or condition of this Agreement or the application thereof to
any person or circumstances will to any extent, be illegal, invalid, or unenforceable because of
present or future laws or any rule or regulation of any governmental body or entity or becomes
unenforceable because of judicial construction, the remaining terms, covenants and conditions of
this Agreement, or application of such term, covenant or condition to persons or circumstances
other than those as to which it is held invalid or unenforceable, will not be affected thereby and
each term, covenant, or condition of this Agreement will be valid and be enforced to the fullest
extent permitted by law.
Section 7.4 Conflicts of Interest: City Representatives Not Individually Liable. No
member, official, representative, or employee of the City or the City Manager may have any
personal interest, direct or indirect, in this Agreement, nor may any such member, official,
representative or employee participate in any decision relating to this Agreement which affects his
or her personal interest or the interest of any corporation, partnership or association in which he or
she is, directly or indirectly, interested. No member, official, elected representative or employee
of the City or the City Manager may be personally liable to Developer or any successor in interest
in the event of any default or breach by the City or the City Manager or for any amount which may
become due to Developer or successor or on any obligations under the terms of the Agreement.
Section 7.5 Notice.All notices, demands, requests and/or other communications
required under this Agreement must be given in writing and may be delivered by three types of
physical delivery, i. e., (i) hand delivery, with a receipt signed by the party receiving such
delivery, (ii) a nationally recognized overnight delivery service providing delivery confirmations,
or (iii) certified mail, postage prepaid, return receipt requested; or in lieu of physical delivery it
may be delivered by Electronic Communication. Notice will be deemed to have been given upon
receipt or refusal of delivery or the failure of delivery due to the receiving party no longer
occupying or maintaining both the physical and Electronic Communication address provided in
this Section. All notices, demands, requests and other communications required under this
Agreement using Electronic Communication must be followed up by physical delivery if the
Electronic Communication does not provide a receipt for delivery. It is the duty of the parties to
advise each other of any change of address. Any party may designate a change of address by
written notice to the other party, received by such other party at least ten (10) days before the
change of address is to become effective.
7.5.1 Notice to Developer. Notice or communication to Developer under this Agreement
must be sent to:
5850 S.W. 73 Street LLC
133 Sevilla Avenue
Coral Gable, Florida 33134
Attention: Catherine H. Lorie, Manager & Registered Agent
Courtesy Email Service:
283
Page 15 of 24
lorie@apachecap.com
bdill@hcapfl.com
smedina@hcapfl.com
With a copy to:
Shubin & Bass, P.A.
46 SW 1st Street, Third Floor
Miami, Florida 33130
Attention: Jeffrey S. Bass, Esq.
Courtesy Email Service To:
jbass@shubinbass.com
evaughan@shubinbass.com
eservice@shubinbass.com
7.5.2 Notice to City. In the case of a notice or communication to the City under this
Agreement must be sent to:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attention: City Manager
With a copy to:
City Attorney
6130 Sunset Drive
South Miami, Florida 33143
Attention: City Attorney
and
City Clerk
6130 Sunset Drive
South Miami, Florida 33143
Attention: City Clerk
Section 7.6 Titles of Articles and Sections. Any titles of the several parts, Articles and
Sections of this Agreement are inserted for convenience of reference only and will be disregarded
in construing or interpreting any of its provisions.
Section 7.7 Counterparts. This Agreement may be executed in counterparts, each of
which are deemed an original, and such counterparts will be constitute as one and the same
instrument. This Agreement only becomes effective upon execution and delivery of this
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Page 16 of 24
Agreement by the parties hereto.
Section 7.8 Successors and Assigns. Except to the extent limited elsewhere in this
Agreement, all of the covenants, conditions and obligations contained in this Agreement run with
the land and are binding upon and inure to the benefit of the respective successors and assigns of
the City and the Developer.
Section 7.9 Entire Agreement. This Agreement and its Exhibits constitute the sole and
only agreement of the parties hereto with respect to the subject matter hereof and correctly set forth
the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no force
or effect and are merged into this Agreement.
Section 7.10 Amendments. No amendments to this Agreement are binding on either party
unless in writing and signed by both parties. Although this Agreement runs with the land,
amendments, modifications or releases of this Agreement are only binding if they are by mutual
written agreement between: (a) the City Commission or its successors and assigns (which must be
a governmental entity); and (b) Developer or its successors and assigns that are expressly designated
in writing as receiving the rights and obligations of Developer under this Agreement (“Express
Assigns”) (i.e., even if the Property is subdivided and more than one (1) owner exists for the
Property, then amendments to this Agreement only need to be executed by the City and Developer
or its Express Assigns); provided, however, that in the event that any amendment, modification or
release of this Agreement materially affects the rights of an owner of a portion of the Property, then
any amendment to this Agreement must also require the consent of such property owner. In the
event of a modification of this Agreement or a designation of an Express Assign, a written
instrument must be duly executed, acknowledged, and recorded in the Public Records of Miami-
Dade County, Florida. The parties recognize that the development and operation of the Property
and the Developer Improvements may from time to time require the confirmation, clarification,
amplification, or elaboration of this Agreement, in order to deal adequately with circumstances
which may not now be foreseen or anticipated by the parties. The City Commission and Developer
reserve unto themselves and their Express Assigns the right to enter into such interpretive,
implementing or confirmatory written agreements from time to time as they mutually deem
necessary or desirable, in their sole discretion, for any such purpose without obtaining the consent
or approval of any person or entity. If any portion of the Property has been submitted to the
condominium form of ownership, and an amendment, modification or release of this Agreement
requires the consent of the owner of such portion of the Property as provided above, then only the
condominium association thereof will be required to execute the instrument as to that portion of
the Property (in lieu and on behalf of the condominium unit owners thereof).
Section 7.11 Authorization and Approvals by the City.All requests for action or
approvals by the City must be delivered to the City Manager, who is the only party within the City,
including the City Commission, with the authority to act or approve the matter on behalf of the
City. Without limiting the generality of the foregoing or the general authority of the City Manager,
the City Manager has the authority to grant extensions of time for performance by Developer for
up to ninety (90) days (extensions of time in excess of ninety (90) days must be approved by the
City Commission). If the City Manager’s office is vacant or if the City Manager does not have
the full authority to act or approve matters required of the City pursuant to this Agreement, then
285
Page 17 of 24
the City Commission will, promptly upon written request by the Developer, designate such other
officer or department as may be appropriate to perform the City’s obligations. Unless otherwise
specified to the contrary herein, all decisions, approvals and actions required of the City hereunder
must be decided, given or taken within sixty (60) consecutive days after the receipt of written
notice requesting same. Nothing contained herein or in this Agreement authorizes the City
Manager to amend any of the terms of this Agreement.
Section 7.12 Exculpation. Notwithstanding any provision contained in this Agreement
to the contrary, it is specifically agreed and understood that there is no personal liability on the
part of any manager, member in the Developer (provided such member is acting within the
limitations placed on same by Florida law or has not assumed in writing any greater liability with
respect to this Agreement), an equity interest holder of a member in the Developer or, if the
Developer is a corporation, of any officer, director or stockholder of the corporate Developer or,
if the Developer is a partnership, any limited partner of the Developer, with respect to the
performance of any of the obligations, terms, covenants and conditions of this Agreement.
Section 7.13 Caption. The article and section headings and captions of this Agreement
and the table of contents preceding this Agreement are for convenience and reference only and
in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in
any way affect this Agreement or any part thereof.
Section 7.14. Holidays. It is hereby agreed and declared that whenever a notice or
performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or
on a legal holiday observed in the City, it will be postponed to the next following business day,
not a Saturday, Sunday or legal holiday.
Section 7.15. Developer as Independent Contractor.Nothing contained in this
Agreement may be construed or deemed to name, designate, or cause (either directly or
implicitly) the Developer, or any contractor of the Developer to be an agent of or in partnership
with the City.
Section 7.16. No Liability for Approvals and Inspections. Except as may be otherwise
expressly provided herein, no approval to be made by the City of the Project site or the Project
under this Agreement, may render the City liable for its failure to discover any defects or
nonconformance with any federal, state or local statute, regulation, ordinance or code.
Section 7.17. Radon. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from the county public health unit for Dade County.
Section 7.18. Developer Entity. On the date of execution hereof, the Developer is a
Florida limited liability company. In the event that at any time during the term of this Agreement
and any extensions and renewals thereof, the Developer is a corporation or an entity other than a
Florida limited liability company, then any references herein to member, membership interest,
manager and the like which are applicable to a Florida limited liability company will mean and be
286
Page 18 of 24
changed to the equivalent designation of such term which is appropriate to the nature of the new
Developer entity.
Section 7.19. Cooperation; Expedited Permitting; and Time is of the Essence. The Parties
agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions
of this Agreement. The Parties agree that time is of the essence in all aspects of their respective
and mutual responsibilities pursuant to this Agreement. The City will use its best efforts to
expedite the permitting review and approval process in an effort to assist the Developer in meeting
its demolition, development, and construction completion schedules. The City will accommodate
requests from the Developer’s agents, representatives, general contractor(s), and subcontractors
for simultaneous review of multiple permitting packages, such as those for site work and
foundations, and building shell, core, and interiors. Notwithstanding the foregoing, the City is not
obligated to issue development permits to the extent the Developer does not comply with the
applicable requirements of the City Zoning Code, the Project’s zoning approvals, the
Comprehensive Plan, this Agreement, applicable building codes, or any other applicable laws,
rules, orders, or regulations. For clarity, the Parties recognize that as of the date of this Agreement
the United States and the State of Florida are facing the COVID-19 pandemic crisis which has
materially altered the way business can be conducted and the Parties’ respective pledges of
cooperation include such cooperation as is reasonable and practicable given the COVID-19
pandemic. The failure of the Agreement to address a permit, condition, term, or restriction shall
not relieve Developer of the necessity of complying with the law governing said permitting
requirements, conditions, term, or restriction.
Section 7.20. Term. The term of this Agreement is thirty (30) years following the
issuance of the Certificate of Occupancy of the residential portion of the Project or the Certificate
of Use of the Commercial portion of the project, whichever occurs last.
Section 7.21. Statutory Compliance. The Development Agreement, as well as all
amendments and revocations thereto, must comply with §§ 163.3220—163.3243, Fla. Stat., as
amended by the Florida Legislature.
Section 7.22. Severability. If this Agreement contains any unlawful provisions not an
essential part of this Agreement and which do not appear to have a controlling or material
inducement to the making thereof, such provisions will not have any effect and will be stricken
from this Agreement without affecting the binding force of the remainder. In the event any
provision of this Agreement is capable of more than one interpretation, one which would render
the provision invalid and one which would render the provision valid, the provision will be
interpreted so as to render it valid.
[SIGNATURE PAGES TO FOLLOW]
287
Page 19 of 24
DEVELOPER: 5850 S.W. 73 STREET
LLC, a Florida limited liability company
____________________________________By:_______________________________
Signature of Witness # 1 Signature
_______________________________
Print or type name Print or type name
Signature of Witness #2
Print or type name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ___________,
20__, by , of , who is/are personally
known to me or who has/have produced as
identification and who did not (did) take an oath.
Signature of Notary
(NOTARY SEAL)
Print or type name
288
Page 20 of 24
ATTESTED:CITY OF SOUTH MIAMI
By: ____________________By: ________________________
Nkenga A. Payne, CMC Shari Kamali
City Clerk City Manager
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: ________________________
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ___________,
20__, by ___________________, City Manager,who is personally known to me and acknowledge
executing the same freely and voluntarily under authority vested in herby the City of South Miami.
Signature of Notary
(NOTARY SEAL)
Print or type name
289
Page 21 of 24
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and
is described as follows:
Lots 23 through 32, inclusive, LESS the North 10 feet of Lot 23; the West 5 feet of Lots 23, 24,
25, 26 and 27; the East 5 feet of Lots 28, 29 and 30; the East 5 feet of Lots 31 and 32 and the North
10 feet of Lot 32, W.A. LARKIN’S SUBDIVISION according to the Plat thereof, as recorded in
Plat Book 3, Page 198, of the Public Records of Miami-Dade County, Florida.
290
Page 22 of 24
EXHIBIT “B1”
RESOLUTION 050-20-15490
291
Page 23 of 24
EXHIBIT “C1”
ANTICIPATED DEVELOPMENTSCHEDULE
Initiation of Site Plan review process before the ERPB.......................................8 to 10 MONTHS
The Developer anticipates initiating the Site Plan review process before
the ERPB within 8 to 10 months of the execution of his Agreement.
Pursuant to Section 20-8.9(b)(1), the Site Plan review process for the
Large-Scale development shall be initiated before the ERPB within one
(1) year of the City Commission’s June 2, 2020 approval of the Special
Exception (the “Site Plan Review Initiation Period”). The Site Plan
Review Initiation Period may be extended in accordance with Section
20-8.9(B)(1), LDR.
Site Plan review and approval process before the ERPB.....................................6 to 12 MONTHS
The Developer anticipates the Site Plan review and approval process
before the ERPB to take 6 to 12 months from initiation.
Submittal of Building Permit Plans......................................................................8 to 10 MONTHS
The Developer anticipates submitting building permit plans 8 to 10
months after the rendition of the development order granting final Site
Plan approval by the ERPB. A legal, administrative, or judicial
challenge to the development order that approves the Site Plan may result
in the Developer opting to delay submission of a demolition permit until
the conclusion of such challenge, including all appeals.
Approval of Building Permit Plans / Issuance of Building Permits.......................2 to 6 MONTHS
The Developer anticipates the approval process for the issuance of the
building permits (including issuance of foundation permit, site work
permit, or partial permit) to take 2 to 6 months.
Commencement of Construction..........................................................................8 to 10 MONTHS
The Developer anticipates commencing construction within 8 to 10
months of the issuance of the building permits.
Complete Project Buildout.................................................................................24 to 30 MONTHS
The Developer anticipates completing the buildout of the Project within
24 to 30 months of the commencement of construction.
292
Page 24 of 24
EXHIBIT “D1”
BOUNDARIES OF THE PUBLIC PLAZA
293
SUNDAY NOVEMBER 22 2020 NEIGHBORS 17SE
MIAMIHERALD.COM
The sprawling food fes-
tival that draws tens of
thousands to South Beach
every February is planning
to go on as an in-person
event.
The South Beach Wine &
Food Festival has been
lining up talent for a five-
day festival that would cut
capacity to one-third of its
usual attendance of
65,000, halve the number
of events, and limit itself to
outdoor-only dinners, the
festival’s founder said.
The festival still, by no
means, would be a small,
intimate affair.
It expects to draw more
than 20,000 people for its
57 events, down from 114,
from Miami-Dade to Palm
Beach counties. And the
large, outdoor events that
have been the festival’s
hallmark will still go on,
albeit at reduced capacity,
and broken up into two
sessions with an hour-long
cleaning period in be-
tween.
“We know if we don’t do
it right, we’ll screw it up for
the entire industry,” festiv-
al founder Lee Schrager
said.
Meanwhile, the festival
has drawn out a plan
intended to curb the threat
of coronavirus transmis-
sion, Schrager said. It in-
cludes one-way lines at
events, a mask require-
ment except while seated,
health screening and tem-
perature checks, no com-
munal food and no “meet
and greet” opportunities
with celebrity chefs.
And still, Schrager said,
all that could change if
COVID-19 cases continue
to surge. More than
140,000 new cases were
diagnosed in a single day
in the United States this
week. And in Miami-Dade,
the rate of people testing
positive for coronavirus has
nearly doubled in the last
week to more than 9 per-
cent. The county had to
drop to 10 percent before
the mayor allowed
restaurants to reopen.
Scaling back the large,
outdoor gatherings has
been the festival’s focus.
The annual Burger Bash,
which usually crams 4,000
people under a block-long
beachside tent, will be split
into two sessions of 1,000
people each, including
staff. One session will run
from 6-8 p.m., the other
from 9-11 p.m. The beach-
side BubbleQ, a barbecue
and champagne event, will
serve two groups of 1,000
people each.
Smaller dinners will still
be part of the festival. But
festival goers will be seated
at individual tables de-
pending on their party’s
size. Guests who want to
sit together will have to
buy tickets together. It’s a
lesson the festival learned
from a trial run at last
month’s New York City
Wine & Food Festival,
which Schrager also
founded.
The number of national
talent flying in will also be
cut from about 400 to 100
or so, Schrager said. That
will put the focus primarily
on local restaurants and
chefs, many of whom have
garnered national acclaim.
A full slate of events will
be available by Dec. 7 at
the website, sobewff.org,
Schrager said, and tickets
go on sale Dec. 14.
Schrager said the festiv-
al “will not make one
penny this year,” and for
the first time, the festival
is reimbursing participa-
ting chefs up to $700.
The intent of holding
the festival in some in-
person way, he said, was
to support a restaurant
industry that has been
decimated by the virus’
spread.
“If we do this correctly,”
Schrager said, “we hope to
lead the way for how
events like this can be
held.”
Carlos Frías: 305-376-4624
SOUTH BEACH
South Beach food festival
will go on despite pandemic
BY CARLOS FRÍAS
cfrias@miamiherald.com
SETH BROWARNIK South Beach Wine & Food Festival
South Beach Wine & Food Festival will go on as planned
for 2021, with some adjustments because of the pandemic.
294
MIAMI DA ILY BUSINESS REVIE W
Pub lished Da ily except Saturday, Sunday and
Legal Holidays
Miami. Miami-Dade County , Florida
STATE OF FLOR IDA
COUNTY OF MIAM I-DA DE :
Before th e unders igned authority per so nally appeared
GU ILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus in ess Rev iew ffk/a Miami Review , a daily (ex cept
Salurday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County , Fl orida ; tha t th e
attached co py of advertisement, being a Le ga l Advertisement
of Notice in the matter 01
CITY OF SOUTH MIAMI-PUBLI C HEARINGS -DEC . 01 , 2020
in the XXXX Court ,
was published in sa id newspaper in the iss ues of
11 /20/2020
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.01', As. Stat. the
City's Home Rule Powers, an d the City Manager's declaration of a state
. .. . of emergency due to the Coronavirus, the City will be holding its City
Affiant further says !hal Ihe said Mramr Darly Busrness Commission Meeting VIRTUAlLY. The meeting is schedu led to begin on
Rev iew is a newspaper publ is hed at Miami , in said Miami-Dade Tuesday . December 1.2020 at 7:00 p.m . to consider the following public
County. Florida and that the said newspape r has heretofore hearing item(s):
been conti nu ous ly published in said Miami-Dade County, Florida
each day (exc ept Saturday Sunday and legal Hol idays) and A Resolution concerning approval of a Development Agreement for
, land described therein and generall y located at 5850 SW 73 Street
has been entered as second class mail matter at the post and 7331 SW 59th Avenue, South Miami, Flo for a largesca le mixed -use
office in Miami in said Miami-Cade County , Florida , for a pe riod development with 248 residential untts and proposed building inte nsHy of
of one year next preceding the first publica tio n of the attached 36,395 square feet of commercial space, proposed population densities
copy of advertisement : and affiant further says that he or she of 611 people, a·parking garage and a proposed height of 118 feet
has neither pa id nor prom ised any person , firm or corporation eight inches; a copy of the proposed agreement is available in the
City 's Clerk's office. any discount , rebate , commission or refund fOf the purpose of
secu ri ng this advertisement for publication in th e sai d
newspaper. ~-Cj~
20~:2020
(SEAL) ~
GU ILLERMO GARCIA personally known to me
,i~"'i;f;;., CHI¥STINlI LYNN RAVIX ,f tk. \.; Commission' GG27 7771
\~i;~·:~~f Expires November 19, 2022 .. r·· ... ·o .. ·· .... ~~.~.... Bonded 11"nI Troy f ain Ins"rar.Cc:! 800':;65-101?: r,
" .--'
An Ordinance pursuant to Section 20-5.7 and other applicable provisions
of the City of South Miami land Development Code modifying Artic~ VIII,
Section 20-8.3 regarding the Transit-Oriented Development District
Mixed-Use Market (TODD (MU-M)).
An Ordinance amending Section 20-3 .3(0) (Penn ltted Use Schedule)
'of the City's Land Development Code to permit dental offices in the
GR (General Retail) District, under certain conditions.
Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that
portio n of Section 166.04 '(4), Fla. Stat., that required a quorum to be
Wysically present to adopt resolut ions-and enact ordinances.. If E:0:-No.
20-69 is exte nd ed, City staff and all Commission members will participate
by vid eo conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (tlttgs:l/zoolJl.uslI/30S66363381
and partiCipate. If E.O. No. 20-69 is not extended , three members of the
City Commissioner will be physically present in the City Commission
Chambers 1 and th ey will be broadcast on the Zoom plattonn along with ali
other members of the Commission, City Staff and the public who may attend
remotely from other locations. If you desire to present evide nce or you are unable
to use Zoom, there are procedu res to follow and other options available including a
ded icated phon e line to lis ten and parti cipate in the meeting and limited
public attendance, all of which is set forth in the meeting notice posted at City
Hall and at !!!1Q:1 www.southmiamifl. ov SeO/Publi c-Meetin s -N otices.
Anyone who wishes to review pending application, supporting docu mentatiOtl or
who desire to have documents mad e available for viewing by BV8f)'Of1e during
the meeting must contact the City Clerk by calli ng 305-663-634 0.
295
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal Is to be based.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program ,
aGtivity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance
are set forth in 166.041(4) ... A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majority of a quorum
present is necessary to enact any ordinance or adopt any resolution ....
11120 20-61/0000499761M
296
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907 SW 80 Street
and as legally described herein. 4/5 (City Manager-Planning Dept.)
Suggested Action:
Attachments:
5907 SW 80 Street Waiver of Plat CM Staff Report.docx
Res_Waiver_of_Plat_5907_SW_80_Street - Revised .docx
PB-20-017 Documents.pdf
Fiinal PB Regular Meeting Minutes - 09-14-2020.pdf
5907 SW 80 Street Waiver of Plat Conceptual Plans 10-27-2020.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
297
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
VIA:Shari Kamali, City Manager
FROM:Jane K. Tompkins, Planning and Zoning Director
DATE:November 17, 2020
SUBJECT:
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907
SW 80 Street and as legally described herein.
BACKGROUND:
On August 7, 2020, an application for Waiver of Plat was filed by the applicant/property owner,
5907 SW 80th Street, LLC, in order to re-plat the existing single-family residential parcel located
at 5907 SW 80th Street into two (2) single family parcels (Lot 1 and Lot 2) as described below. The
property currently has a one-story single-family residence fronting SW 80th Street with several
brick walkways and an accessory structure at the rear of the property.
REQUEST:
The applicant is requesting approval through the Waiver of Plat process as provided in Section
20-4.2 of the City’s Land Development Code (LDC), to subdivide the existing parcel into two (2)
separate parcels of land with the intent of constructing two (2) new single-family residences.
LEGAL DESCRIPTION:
PARENT TRACT
TRACT 7, OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PROPOSED LOT 1
THE SOUTH 80 FEET OF THE NORTH 180 FEET OF THE EAST 152 FEET OF TRACT 7, OF REVISED
PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMIHEIGHTS,ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. CONTAINING 12,160.5 S.F., MORE OR LESS.
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PROPOSED LOT 2
THE EAST 152 FEET, LESS THE NORTH 180 FEET, OF TRACT 7, OF REVISED PLAT OF A PORTION OF
THE AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF,AS
RECORDED IN PLAT BOOK 43, AT PAGE 37,OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
CONTAINING 14,727 S.F., MORE OR LESS.
ANALYSIS:
Located in the Low Density Single-Family Residential (RS-3) zoning district, the intent of the
proposed waiver of plat application is to subdivide the parcel of land located at 5907 SW 80th
Street into two (2) separate parcels of land (Lot “1” and Lot “2”). As required by the LDC, the
applicant has provided a conceptual site plan, sheet 5907 SP, for the City to review. Pursuant to
Section 20-4.2 of the LDC, the proposed subdivision must meet the minimum requirements for
the RS-3 zoning district. As shown in the Table 1 below, the two (2) proposed parcels at this
location are consistent with the dimensional requirements for the RS-3 zoning district.
Table 1: RS-3 Dimensional Requirements Table
RS-3
Minimum
Requirements
Existing
Parcel
Lot 1
(Proposed)
Lot 2
(Proposed
Lot Size
(SF)10,000 26,877 14,727 12,160
Frontage
(Ft.)75 127.21 127.21 80
Pursuant to the amended Section 20-4.2(B)(2)(a)(i) of the LDC,
The building site created by the proposed waiver of plat, tentative or final plat,
should be equal to or larger than the median of the existing building sites in the
Surrounding area (this shall be demonstrated using copies of the official plat maps
for the subject property and surrounding neighborhood), unless otherwise
permitted by this ordinance. Surrounding area is defined as all lots within the same
zoning district and within five hundred (500) feet from the exterior boundaries of
the subject property.
As required by the LDC section listed above, a review of the lot sizes and frontages of the
surrounding area was performed. As such, the outcome of that review can be found in Table 2
below.
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Table 2: Waiver of Plat Median Analysis Table
Surrounding
Area
Lot 1 Lot 2
Net Lot Area/
Buildable Site (SF)14,038.0 14,727 12,160
Lot Frontage (Ft.)101.730 127 80
When looking at the neighborhood surrounding the proposed subdivision, it was found that the
lot sizes and frontages of only one (1) of the proposed lots exceeded the median of the
surrounding area. Pursuant to Section 20-4.2(B)(2)(a)(ii) of the LDC,
The City Commission may, in its discretion, approve a subdivision of land into lots
that are included as part of a waiver of plat, tentative or final plat and that have
lot frontage or lot area that is less than the Surrounding area median, provided it
is approved by four votes of the City Commission and provided that at least the
minimum requirements of the Land Development Code are satisfied.
That said, as long as the project meets the minimum requirements of the RS-3 zoning district, the
City Commission may approve the project even though it does not meet the surrounding area
median. For more information on the median buildable site/lot size and the median frontage for
the surrounding area, please refer to the attached exhibit, 500 Foot Waiver of Plat Analysis for
5907 SW 80th Street.
Currently there is an existing single-family residence on the property. Pursuant to Section 20-
4.2(B)(2)(b),
The building site created by the proposed waiver of plat, tentative or final plat, will
not result in existing structures becoming nonconforming as they relate to
setbacks, lot area, lot width and depth, ground coverage and other applicable
regulations of the City's Land Development Code and/or City's Code of Ordinances,
except as permitted by this ordinance. Compliance with this provision may occur
by demolition or relocation of existing structures.
Because it is the intent of the property owner to redevelop the site, all existing structures and
impervious surfaces on the site will be demolished. In its place will be two (2) new two-story
single-family residences that will both include a driveway, walkway, swimming pool, and water
gardens. Pursuant to Section 20-4.2(B)(4) of the LDC, the applicant has provided a conceptual
site plan, sheet 5907 SP, that details the building footprints, setbacks, yard requirements, and
any easements. Because the applicant is proposing to build two-story single-family residences on
both of the proposed lots, staff has reviewed both of the conceptual site plans against the City’s
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RS-3 dimensional requirements for two-story single-family residences that are listed in Section
20-3.5(H) of the LDCand found that both residences were in compliance with the LDC regulation.
That review can be found in both Table 3 and Table 4 below.
Table 3: Waiver of Plat Setback Analysis Table - Lot 1
RS-3
Minimum
Requirement
Lot 1
Front Setback (Ft.)25 27.50
Rear Setback (Ft.)25 27.50
Side Interior Setback:
First Floor (Ft.)
10 18.62
Side Interior Setback:
Second Floor (Ft.)15 18.62
Side Street Setback:
First Floor (Ft.)20 48.62
Floor Side Street Setback:
Second Floor (Ft.)25 48.62
Table 4: Waiver of Plat Setback Analysis Table – Lot 2
RS-3
Minimum
Requirement
Lot 2
Front Setback (Ft.)25 27.62
Rear Setback (Ft.)25 53.12
North Side Interior Setback:
First Floor Setback (Ft.)10 10.16
North Side Interior:
Second Floor Setback (Ft.)15 32.00
South Side Interior Setback:
First Floor (Ft.)10 15.08
South Side Interior Setback:
Second Floor (Ft.)15 15.08
In addition to meeting the minimum setbacks for the RS-3 zoning district, the project must also
comply with the cumulative lot width as well. Pursuant to Section 20-3.5(H) of the LDC, the
cumulative width of both side yards shall be not less than 20 percent (20%) of the total lot width.
As shown in Table 5 below, it was determined that the project complies with the aforementioned
regulation.
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Table 5: Waiver of Plat Cumulative Lot Width Analysis Table
Lot 1 Lot 2
Lot Width (Ft.)127.21 80
Minimum Cumulative
Width (Ft.)25.44 16
Proposed Combined Side
Interior Setback (Ft.)67.24 25.24
Last, the applicant has provided the proposed building coverage and proposed impervious
coverage for both lots, which can be found in both Table 6 and Table 7 below.
Table 6: Waiver of Plat Coverage
Analysis Table – Lot 1
RS-3
Maximum
Requirement
Lot 1
Building Coverage
(SF)4,418 (30%)2,521.97
Impervious Coverage
(SF)5,891 (40%)5,732.20
Floor Area
Ratio (SF)6,627 (45%)4,186.52
Table 7: Waiver of Plat Coverage
Analysis Table – Lot 2
RS-3
Maximum
Requirement
Lot 2
Building Coverage
(SF)3,648 (30%)2,529.91
Impervious Coverage
(SF)4,864 (40%)4,814.91
Floor Area
Ratio (SF)5,472 (45%)3,975.75
Based on the tables listed above, both of the proposed structures will comply with the
dimensional requirements for two-story single-family residences for the RS-3 zoning district. For
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reference, the dimensional requirements for the RS-3 zoning district can be found in Section 20-
3.5(H) of the LDC.
The applicant has provided the City with a proposed landscape plan. This includes the Tree Plan,
sheet L-1.0, and the Tree Disposition Legend, sheet L-1.1, which shows the existing trees that will
be affected by the redevelopment of the site. While the Tree Disposition Plan shows all of the
existing trees overlaid directly upon the conceptual site plan, the Tree Disposition Legend
provides a list of all the existing trees on the site as well as the DBH, height, spread, and condition
of each tree. Regarding tree protection, Section 20-4.2(B)(3)(a) of the LDC states the following,
Additional conditions shall ensure the retention of specimen trees for six (6) years
and permanently maintain fifty (50) percent of existing protected tree canopy, but
in no event shall the condition be less restrictive than what is required by the City's
and County's tree ordinance.
Per the Tree Disposition Legend and Table 8 below, more than 50% of the existing non-invasive
protected tree canopy will be preserved on both of the proposed lots. However, the following
trees have been identified as specimen trees and must be retained for at least six (6) years:
3 Live Oak Trees (Tree #12, #18, #27)
2 Seagrape Trees (Tree #3, #38)
1 Pitch Apple Tree (Tree #65)
Table 8: Tree Canopy Removal Calculations Table
Lot 1 Lot 2
Overall Existing Canopy
(SF)14,002 10,822
Invasive Canopy (SF)5,181 4,533
Non-Invasive Canopy 8,821 6,289
50% Non-Invasive Canopy 4,411 3,144
Removed Canopy 967 2,285
Pursuant to the above listed regulation, it will be required that the remaining existing protected
tree canopy be permanently maintained. Additionally, pursuant to Section 20-4.2 (B)(4)(c) of the
LDC, a moratorium has been placed on the removal of any trees on the property until after the
final waiver-of-plat approval has been issued.
Pursuant to Section 20-4.2(C)(1) of the LDC,
Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or
developer of the abutting parcel in accordance with Chapter 28 of the County Code
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and other applicable city requirements, unless such can be and are waived or
deferred by the city commission.
In order to be in compliance with the subsection listed above, the conceptual site plan was
reviewed by representatives of the Public Works Department. As indicated in the email dated
September 8, 2020 from Mr. Aurelio J. Carmenates, P.E., the City does not have any projects
planned for the section of SW 59th Avenue adjacent to the subject property. Mr. Carmenates also
pointed out that SW 80th Street is a road that is maintained by Miami-Dade County, not the City
of South Miami. Because of that, any infrastructure improvements along SW 80th Street will be
determined by Miami-Dade County.
SUMMARY:
Because of the current redevelopment of both the neighborhood and the surrounding area, the
single-family structures that are being proposed in this project would be in keeping with the
developing character of the surrounding neighborhood and SW 80th Street. To aid in shielding
the neighbors that surround the residences, staff required that additional landscaping be planted
in order to mitigate any adverse impacts on those adjacent properties. In an effort to comply
with this condition, the applicant has provided a preliminary landscape plan, sheet L-2.1, that
shows an additional landscaping buffer along the perimeter of both properties. Per the plan, the
applicant is proposing to plant a six (6) foot high Podocarpus hedge along the perimeter of both
properties. The applicant is also proposing to plant a row of twelve (12) foot high Bamboo along
the eastern perimeter of Lot 2 as well. However, the details on the other proposed plant material
or specifications were not provided. Because of that, Staff cannot adequately determine if the
proposed landscaping will provide the required buffersneeded to shield the new residences from
the view of the surrounding neighborhood. That said, it will be recommended that the condition
pertaining to additional landscape buffers be maintained to ensure that any adverse impacts to
the adjacent residential properties are mitigated. After review of the project against the City’s
dimensional requirements for the RS-3 zoning district and the City’s subdivision regulations, it
was determined that those requirements will be satisfied.
PLANNING BOARD RECOMMENDATION:
Planning Board item PB-20-017 was reviewed by the Planning Board at its September 14, 2020
meeting. During the public hearing portion of the meeting, the public voiced their concerns
regarding the height and size of the proposed structures. The public also inquired as to what the
landscape buffer between the subject and neighboring properties would consist of. Last, the
Board voiced their concerns regarding the physical barriers put in place to protect the proposed
swimming pools. Afterwards, the Board motioned to recommend approval for the item with
staff’s recommendations. That said, the motion to approve PB-20-017 resulted in a deadlocked
vote. Pursuant to Section 20-6.1(B)(4(a)(iii) of the LDC,
Recommendations on all items before the Board shall be transmitted to the
City Commission within forty-five (45) calendar days of the time that the
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item first appears on a regularly scheduled Board agenda. If the Board has
not reached a decision on the item during said forty-five (45) day period, or
if the Board has reviewed the application and is deadlocked, then the item
shall be transmitted forthwith to the City Commission with a "No
Comment" recommendation.
Pursuant to the aforementioned LDC regulation, the item was forwarded to the City Commission
with a “No Comment” recommendation from the Board. For more information, please refer to
the attached September 14, 2020 Planning Board meeting minutes.
RECOMMENDATION:
Staff recommends that the City Commission approve the Waiver of Plat application. This approval
should be subject to the following terms and conditions as well as all applicable City ordinances,
codes, rules and regulations:
1. The building sites created by the proposed Waiver of Plat will be free of encroachments
from abutting buildable sites;
2. No construction may exceed by more than four (4) percent the size of the building, or floor
area, gross, as shown on the attached conceptual plan, unless the setbacks and yard
requirements are in accord with the Code existing at the time of such construction and
provided the site plan is reviewed by the Planning Board and approved by the City
Commission by a four-fifths vote;
3. The construction of the two (2) new single-family residences shall be subject to the
applicable review and approval of the City’s Environmental Review & Preservation Board;
4. Additional landscape buffers shall be required to mitigate any adverse impact of the
adjacent residential properties;
5. A tree removal permit must be issued for the removal or relocation of any tree on the
property prior to the issuance of a demolition permit;
6. The owner and owner’s architect shall take the necessary steps to protect the trees on the
property that are protected under the City’s Tree Protection Ordinance and the owner shall
retain any existing specimen trees for six years and permanently maintain 50 percent of the
existing protected tree canopy as reflected on the attached tree survey;
7. Submittal of an owner’s affidavit that there are no documents that provide restrictions,
reservations and/or covenants applicable to the parcel of land being considered other than
those that were submitted with the owner’s application for a waiver of plat, tentative or
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final plat and that the parcel is free of any declarations of restrictive covenants, unity of
title, easements, or the like, which would prevent the separation of the site; and
8. The property owner shall execute and record in the public records of Miami-Dade County,
a restrictive covenant, in a form approved by and subject to the review and approval of the
City Manager and City Attorney, which contains all commitments made and conditions
imposed as part of the approval of the approved waiver of plat.
Attachments:
Application, received on August 7, 2020
Letter of Intent/Surrounding Properties within 500 Ft Analysis (Applicant Table), dated August 7, 2020
Email from Aurelio J. Carmenates, P.E., dated September 8, 2020
Opinion of Title, prepared by Alfredo D. Xiques, Esq., dated August 7, 2020
Warranty Deed
Surrounding Properties within 500 Ft., prepared by RDR Miami, dated August 6, 2020
Mailing Label Affidavit w/ Location Map, prepared by RDR Miami, dated August 6, 2020
Neighborhood Awareness Affidavit (Affidavit of Javier F. Avino), dated September 4, 2020
Neighborhood Awareness Letter, dated August 25, 2020
City Notice of September 14, 2020 Planning Board Public Hearing
Legal Ad
Updated Tree Disposition Legend
PB-20-017 Waiver of Plat Analysis – 5907 SW 80 Street (Staff Table)
Sketch of Boundary and Topographical Survey – Waiver of Plat
Site Plan – Existing Lot Size, sheet SP-EX01
Site Plan, sheet 5907 SP
Site Plan – Areas Breakdown, sheet 5907 SB
Floor Plan, sheet 5907 FF
Tree Disposition Plan, sheet L-1.0
Tree Disposition Legend, sheet L-1.1
Preliminary Landscape Plan, sheet L-2.1
House 1 - Building Elevations, sheet ELEV-H1
House 2 - Building Elevations, sheet ELEV-H2
Street Elevations, sheet ELEV-H3
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Resolution No._____________________1
2
A Resolution relating to a Waiver of Plat request to allow a subdivision of 3
property located at 5907 SW 80 Street and as legally described herein4
5
WHEREAS, the 5907 SW 80th Street, LLC, owner of the parcel located at 5907 SW 80 6
Street, submitted Application No. PB-20-017requesting approval to subdivide the property via the 7
Waiver of Plat process; and8
9
WHEREAS,the Waiver of Plat application requests a subdivision of said parcel into two 10
(2) lots in the Low-Density Single Family Residential (RS-3) zoning district; and 11
12
WHEREAS, the two (2) buildable single family lots will each be developed with a new 13
single-family residence; and14
15
WHEREAS, the lots created by the proposed plat are not in strict compliance in that the 16
lot size and frontage for one (1) of the two (2) proposed buildable sites is smaller than the median 17
lot size and frontage of the surrounding area; however, they are both in compliance with the 18
dimensional requirements for the minimum lot size and frontage for the RS-3 zoning district; and19
20
WHEREAS,pursuant to Section 20-4.2(B)(2)(a)(ii) of the Land Development Code, 21
22
The City Commission may, in its discretion, approve a subdivision of land 23
into lots that are included as part of a waiver of plat, tentative or final plat 24
and that have lot frontage or lot area that is less than the Surrounding area 25
median, provided it is approved by four votes of the City Commission and 26
provided that at least the minimum requirements of the Land Development 27
Code are satisfied.28
29
WHEREAS, the owner has submitted the attached conceptual site plan, conceptual tree 30
disposition plan, and conceptual landscape plan for the project which has been reviewed by the 31
Planning Board; and32
33
WHEREAS,at the September 14, 2020 public hearing of the Planning Board, the Board34
vote three (3) ayes to three (3) nays onthe Waiver of Plat application, resulting in a “No Comment” 35
recommendation; and36
37
WHEREAS, the City Commission desires to approve the Waiver of Plat.38
39
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 40
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:41
42
Section 1:The recitals set forth in this resolution are true and they are supported by 43
competent substantial evidence and they are incorporated into this resolution by reference as if set 44
forth in full herein.45
46
307
Section 2:The subject application, No. PB-20-017, submitted by applicant 5907 SW 80
th1
Street, LLC requesting approval of a proposed Waiver of Plat for the property legally described in 2
Section 3 below, pursuant to the Land Subdivision Regulations outlined in Land Development 3
Code Section 20-4.2 and the attached conceptual site plan are hereby approved. This approval is 4
subject to the following terms and conditions as well as all applicable City ordinances, codes, rules 5
and regulations:6
7
1. The building sites created by the proposed Waiver of Plat will be free of 8
encroachments from abutting buildable sites;9
10
2. No construction may exceed by more than four (4) percent the size of the building, 11
or floor area, gross, as shown on the attached conceptual plan, unless the setbacks 12
and yard requirements are in accord with the Code existing at the time of such 13
construction and provided the site plan is reviewed by the Planning Board and 14
approved by the City Commission by a four-fifths vote;15
16
3. The construction of the two (2) new single-family residences shall be subject to the 17
applicable review and approval of the City’s Environmental Review & Preservation 18
Board;19
20
4. Additional landscape buffers shall be required to mitigate any adverse impact of the 21
adjacent residential properties;22
23
5. A tree removal permit must be issued for the removal or relocation of any tree on the 24
property prior to the issuance of a demolition permit;25
26
6. The owner and owner’s architect shall take the necessary steps to protect the trees on 27
the property that are protected under the City’s Tree Protection Ordinance and the 28
owner shall retain any existing specimen trees for six years and permanently maintain 29
50 percent of the existing protected tree canopy as reflected on the attached tree 30
survey;31
32
7. Submittal of an owner’s affidavit that there are no documents that provide 33
restrictions, reservations and/or covenants applicable to the parcel of land being 34
considered other than those that were submitted with the owner’s application for a 35
waiver of plat, tentative or final plat and that the parcel is free of any declarations of 36
restrictive covenants, unity of title, easements, or the like, which would prevent the 37
separation of the site; and38
39
8. The property owner shall execute and record in the public records of Miami-Dade 40
County, a restrictive covenant, in a form approved by and subject to the review and 41
approval of the City Manager and City Attorney, which contains all commitments 42
made and conditions imposed as part of the approval of the approved waiver of plat.43
44
9. Submit an opinion of title issued by a member of the Florida Bar which concludes 45
that, as of a date not more than one hundred twenty (120) days before the City 46
308
Commission's decision on the application, and from the root of title as defined by the 1
Marketable Record Title to Real Properties Act, nothing in the chain of title prevents 2
or serves as an exception to the division or change in the parcel's configuration as 3
requested.4
5
6
Section 3. Legal Description7
8
PARENT TRACT9
TRACT 7, OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM 10
MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 11
PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, 12
FLORIDA.13
14
LOT 115
THE SOUTH 80 FEET OF THE NORTH 180 FEET OF THE EAST 152 FEET OF 16
TRACT 7, OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM 17
MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 18
PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, 19
FLORIDA. CONTAINING 12,160.5 S.F., MORE OR LESS.20
21
LOT 222
THE EAST 152 FEET, LESS THE NORTH 180 FEET, OF TRACT 7, OF REVISED 23
PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, 24
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 43, AT 25
PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.26
CONTAINING 14,727 S.F., MORE OR LESS.27
28
Section 4.The approval of the requested Waiver of Plat includes, as an Exhibit to the 29
Application, the architectural plans signed and sealed by Harold Mon, Registered Architect, with 30
an original issue Date of June 10, 2020and a plot date that ranges from October 16, 2020 –October 31
27, 2020 for the proposed redevelopment of the site located at 5907 SW 80 Street which is 32
incorporated herein by reference. The approval of the Waiver of Plat is subject to and conditioned 33
upon the project being built in substantial compliance with the plans submitted with this 34
application as determined by the Planning and Zoning Director in the Director’s sole discretion.35
36
Section 5.Corrections. Conforming language or technical scrivener-type corrections 37
may be made by the City Attorney for any conforming amendments to be incorporated into the 38
final resolution for signature.39
40
309
Section 6. Severability.If any section clause, sentence, or phrase of this resolution is for 1
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 2
not affect the validity of the remaining portions of this resolution.3
4
Section 7. Effective Date.This resolution shall become effective immediately upon 5
adoption by vote of the City Commission.6
7
PASSED AND ADOPTED this _______ day of, __________________, 2020.8
9
10
11
12
13
ATTEST:APPROVED:14
15
____________________________________________________16
CITY CLERK MAYOR17
18
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
119
LANGUAGE, LEGALITY AND Mayor Philips:20
EXECUTION THEREOF Vice Mayor Welsh:21
Commissioner Gil:22
_______________________Commissioner Harris:23
CITY ATTORNEY Commissioner Liebman:24
1 A four fifths vote is required because the frontages and lot sizes of the new building sites are less than
the surrounding area.
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THE PROPERTY DESCRIBED ON THIS SURVEY DOES NOT LIE WITHIN A SPECIAL HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCYMANAGEMENT AGENCY; THE PROPERTY LIES WITHIN A FLOOD ZONE"X" OF THE FLOOD INSURANCE RATE MAP IDENTIFIED ASCOMMUNITY PANEL No. 120035-0269L, WITH AN EFFECTIVE DATE OF SEPTEMBER 11, 2009. BASE FLOOD ELEVATION OF N/A FEET(NGVD)LAND AREA OF SUBJECT PROPERTY: 27,056 SF (+/-) RECORDED 26,887 SF (+/-) CALCULATEDELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929, AS PER MIAMI-DADE COUNTY BENCH MARKNo. SC-50, WITH AN ELEVATION OF 9.30 FEET, AND TBM-1: INTERSECTION OF SW 80TH STREET AND SW 59TH AVE., ELEV. 10.48 FEETBEARINGS SHOWN HEREON ARE BASED ON AN ASSUME MERIDIAN OF N.02°11'10"W., BEING THE RECORDED BEARING FOR THECENTERLINE OF S.W. 59th AVE., AS SHOWN ON PLAT BOOK 43 AT PAGE 37 OF THE PUBLIC RECORD OF MIAMI-DADE COUNTY, FLORIDA.THE PROPERTY IS ZONED MIAMI-DADE COUNTY RU-1 (SINGLE FAMILY RESIDENCE)MIAMI-DADE COUNTY FLOOD CRITERIA = 6.3 FEET, AS PER MIAMI-DADE PB. 42 - PG. 37NUMBER OF LOTS: TWOProposed use: TWO SINGLE FAMILY RESIDENCESOWNER:JD ENGINEERING & CONSTRUCTION CORP.1234JOB SPECIFIC SURVEYOR NOTES:SITE ADDRESS: 5907 S.W. 80th ST, SOUTH MIAMI, FL. 33143JOB NUMBER: 20-129DATE OF SURVEY: JANUARY 20, 2020FOLIO NUMBER: 09-4036-039-0090Consulting Engineers . Planners . SurveyorsTHE SHOWN LEGAL DESCRIPTION USED TO PERFORM THIS BOUNDARY SURVEY WAS PROVIDED BY THE CLIENT.SURVEY IS BASED ON RECORDED INFORMATION PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY OUR OFFICE.UNLESS OTHERWISE NOTED, AN EXAMINATION OF THE ABSTRACT OF TITLE WAS NOT DONE BY THE SIGNING SURVEYOR TO DETERMINE WHICHINSTRUMENTS, IF ANY ARE AFFECTING THE SUBJECT PROPERTY.THIS SURVEY IS EXCLUSIVELY FOR THE USE OF THE PARTIES TO WHOM IT WAS CERTIFIED.PURSUANT TO THE FLORIDA ADMINISTRATIVE CODE THE EXPECTED USE OF LAND IS SUBURBAN, THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THISTYPE OF SURVEY IS 1 FOOT IN 7,500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATIONS OF CLOSED GEOMETRIC FIGURES WAS FOUNDTO EXCEED THIS REQUIREMENT.THERE ARE NO VISIBLE, ABOVE GROUND ENCROACHMENTS (a) BY THE IMPROVEMENTS OF THE SUBJECT PROPERTY UPON ADJOINING PROPERTIES,STREETS OR ALLEYS, OR (b) BY THE IMPROVEMENTS OF THE ADJOINING PROPERTIES, STREETS OR ALLEYS UPON THE SUBJECT PROPERTY OTHER THANTHOSE SHOWN ON THIS BOUNDARY SURVEY.THERE ARE NO VISIBLE EASEMENTS OR RIGHT-OF-WAY OF WHICH THE UNDERSIGNED HAS BEEN ADVISED OTHER THAN THOSE SHOWN ON THIS SURVEY.THE MAP OF SURVEY IS INTENDED TO BE DISPLAYED AT THE SHOWN GRAPHIC SCALE IN ENGLISH UNITS OF MEASUREMENT. IN SOME CASES GRAPHICREPRESENTATION HAVE BEEN EXAGERATED TO MORE CLEARLY ILLUSTRATE A PARTICULAR AREA WHERE DIMENSIONS SHALL HAVE PREFERENCE OVERGRAPHIC LOCATION.THE ELEVATIONS (IF ANY) OF WELL-IDENTIFIED FEATURES AS DEPICTED ON THIS SURVEY AND MAP WERE MEASURED TO AN ESTIMATED VERTICALPOSITIONAL ACCURACY OF 110 FOOT FOR NATURAL GROUND SURFACES AND 1100 FOOT FOR HARDSCAPE SURFACES, INCLUDING PAVEMENT, CURBS,SIDEWALKS AND OTHER MANMADE STRUCTURES.THE SURVEYOR MAKES NO REPRESENTATION AS TO OWNERSHIP, POSSESSION OR OCCUPATION OF THE SUBJECT PROPERTY BY ANY ENTITY ORINDIVIDUAL.ANY FEMA FLOOD ZONE INFORMATION PROVIDED ON THIS SURVEY IS FOR INFORMATIONAL PURPOSE ONLY AND IT WAS OBTAINED AT WWW.FEMA.COM.IF YOU ARE READING THIS BOUNDARY SURVEY IN AN ELECTRONIC FORMAT, THE INFORMATION CONTAINED ON THIS DOCUMENT IS ONLY VALID IF THISDOCUMENT IS ELECTRONICALLY SIGNED AS SPECIFIED IN CHAPTER 5J-17.062 (3) OF THE FLORIDA ADMINISTRATIVE CODE. IF THIS DOCUMENT IS IN PAPERFORMAT, IT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE PROFESSIONAL LAND SURVEYOR AND MAPPER OF RECORD.NOTHING HEREON SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED.GENERAL SURVEYOR'S NOTES:NOT VALID UNLESS SEALED WITH AN EMBESSED SURVEYOR SEALTRACT 7, OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.WE HEREBY CERTIFY THAT THIS BOUNDARY AND TOPOGRAPHICAL SURVEY AND THE SURVEY MAP RESULTING THEREFROM WAS PERFORMED UNDER MYSUPERVISION AND/OR DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID "BOUNDARY ANDTOPOGRAPHICAL SURVEY" MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE "STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OFFLORIDA", PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 FOR THE FLORIDA STATUTES. 3195 PONCE DE LEON BLVD, SUITE 200
CORAL GABLES, FL 33134
PHONE: (305)598-5101 FAX: (305)598-8627
ASOMIAMI.COM LOCATION SURVEY SUBJECT SITE A PORTION OF TRACT 7 OF "PALM MIAMI HEIGHTS", ACCORDING TO THE PLAT THEREOF ASRECORDED IN P.B. 43, PG.37 IN SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST,CITY OFSOUTH MIAMI, MIAMI - DADE COUNTY, FLORIDA.56789 1 STY C.B.S. RESIDENCE No. 5907HIGHEST F.F.Elev. 11.15LOWEST F.F. Elev. 10.57(TO BE DEMOLISHED) C.B.S. STRUCTURE(TO BE DEMOLISHED)S.W. 59th AVE.S.W. 80th ST.S.W. 62nd AVE.LEGAL DESCRIPTIONS:PARENT TRACT PARCEL 1AREA: 12,160.5 S.F. PARCEL 2AREA: 14,727 S.F.THE SOUTH 80 FEET OF THE NORTH 180 FEET OF THE EAST 152 FEET OF TRACT 7, OF REVISED PLAT OF A PORTION OFTHE AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43,AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING 12,160.5 S.F., MORE OR LESS.PARCEL 1THE EAST 152 FEET, LESS THE NORTH 180 FEET, OF TRACT 7, OF REVISED PLAT OF A PORTION OF THE AMENDED PLATOF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THEPUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING 14,727 S.F., MORE OR LESS.PARCEL 2332
1
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes
Monday, September 14, 2020
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foresee ably be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical in formation at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not-for-profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city’s website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Ruiz called the meeting to order at 7:06 P.M.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller
(Vice-Chairperson), Mr. Lee Jacobs, Mr. Brian Corey, Mr. Bruce Baldwin and Ms. Lisa Bonich.
Board Members Absent: Mr. Orlando Borges
City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
While there were no administrative matters, Mr. Pepe provided the Board with information
needed to properly conduct the virtual meeting.
IV. Public Hearings:
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Ms. Ruiz provided the Board and public with the rules for the public hearing portion of the
meeting.
1. PB-20-017
Applicant: 5907 SW 80th Street, LLC
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at
5907 SW 80 Street and as legally described herein.
Applicant: 5907 SW 80th Street, LLC, represented by Mr. Javier F. Aviñó (Practice Group Leader,
Land Development & Government Relations – Bilzin Sumberg) and Ms. Zaba St. George Castro,
Esq. (Attorney)
Ms. Ruiz read PB‐20-017 into the record.
Ms. Ruiz asked Ms. Tompkins who will be presenting the item to the Board, to which Ms. Tompkins
stated that Mr. Lightfoot would be presenting the item.
Ms. Ruiz swore in Mr. Lightfoot. Mr. Lightfoot then presented the item request to the Board.
Ms. Ruiz swore in both Mr. Aviñó and Ms. St. George Castro. Mr. Aviñó then presented the item
to the Board.
The Chairperson opened the floor to public comments on PB-20-017. The Chairperson then
swore in all of the individuals who spoke during the public comment portion of the hearing.
• Mark Aprigliano: Mr. Aprigliano voiced his concerns with the proposed project. Due to its
size, he’s concerned that the property will overpower and shadow his.
He’s also concerned about the northern side setback for Lot 2.
• Christian Keedy: Mr. Keedy voiced his concerns regarding the landscaping proposed for the
project. He also inquired as to what the landscape buffer required in
condition #7 of the staff report would consist of.
• Arturo Davis: Mr. Davis voiced his concerns and objections with the proposed project.
Mr. Davis also provided his objections in writing to the City Clerk’s office
via email correspondence on Tuesday, September 8, 2020. Via his
correspondence, Mr. Davis objected to the development of the
property. The site plan that he received from the owner's counsel was
invalid because it was not in accordance with a comprehensive or well
considered plan as the lots proposed are too long and skinny to fit into the
character of the neighborhood. Further, the lot lines were radical and did
not enhance the neighborhood nor the preservation of the natural
environment. The general welfare of the neighborhood was not
considered and overcrowding of land is being proposed by the applicant.
Mr. Davis stated that he submitted photographs to the City for inclusion
with the record, to which Mr. Lightfoot confirmed. Ms. Ruiz then stated
that the Board will review the evidence at a later time during the hearing.
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The Chairperson opened the floor to public comments on PB-20-017.
Ms. Ruiz opened the floor to rebuttal by the applicant.
Mr. Aviñó stated that his client would like to sit down with the neighbors individually to discuss
possible solutions to the landscaping that would address their concerns. Regarding the side
setback on lot 2, Mr. Aviñó stated that the garage was the only portion of the building that was
set at ten (10) feet from the property line.
Regarding the configuration of the number of lots per block, Mr. Aviñó stated that if approved,
there will be a similar amount of lots on the subject block when compared to the adjacent and
nearby existing blocks. Last, Mr. Aviñó stated that the subject lot is currently out of scale with the
neighborhood. Currently, a home can be built on the lot that would be significantly out of scale
with the neighboring properties.
Ms. St. George Castro stated that the development of a 10,000 square foot home on the property
would only require a building permit and could be built and wouldn’t require input from the
community. What is being proposed is significantly smaller in size and scale and has allowed the
neighborhood to provide input on the project.
Ms. Ruiz opened the floor to questions for either the applicant or staff by the Board.
Mr. Miller stated for the record that he lives in the immediate vicinity of the individuals that spoke
during the public comment portion of the meeting. Mr. Miller then asked if the fifteen (15) foot
setback apply to the garage on lot 2. Mr. Miller asked if the approval would be subject to a six (6)
foot physical barrier so that the swimming pool would be protected. Mr. Lightfoot explained that
two (2) story single family residences on lots of the size proposed are required to have a minimum
first floor setback of ten (10) feet and a minimum second floor setback of fifteen (15) feet. Because
the garage is at the ground floor of the residence, it can have a setback of ten (10) feet. The issue
with the plans was that they did not clearly indicate if there was a second-floor space above the
garage area.
Mr. Miller asked if the proposed conceptual plans were the plans that would be used for
construction of the homes. Mr. Lightfoot responded that while the plans were conceptual, they
essentially were the plans that would be used for construction if approved.
In response to Mr. Miller’s comments regarding swimming pools, Mr. Lightfoot stated that the
LDC has regulations that vary from the Florida Building Code when it involves physical barriers for
swimming pools. He then read the City’s Land Development Code (LDC) regulations for swimming
pools found in Section 20-3.6(J)(2) into the record. Mr. Miller stated that he would a condition
placed on the recommendation that the physical barrier for the properties be six (6) feet high.
Mr. Miller asked if both lots would have to permanently maintain 50% of the existing tree canopy,
to which Mr. Lightfoot stated yes. Mr. Lightfoot then explained that the plans provided showed
that the site as a whole would maintain 50% of the existing canopy but did not show that each
individual lot would comply with the condition.
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Mr. Jacobs stated that the lack of detail on the second floor is concerning to him. He then asked
if there was a setback for both the first and second floor, to which Mr. Lightfoot stated yes. Mr.
Lightfoot then provided the Board with the two-story setback requirements and explained which
setbacks each of the lots was required to comply with. Mr. Jacobs stated that he’s concerned that
homes of this size could throw shade on the adjacent properties. Because of that, he stated that
there should be more detail regarding the second-floor portion of the proposed homes. In
response to Mr. Jacobs questions, Mr. Aviñó stated that the garage on lot 2 is only one-story. He
also provided the setbacks for both of the proposed homes. Mr. Aviñó then asked if that answered
his questions, to which Mr. Jacobs stated yes.
Mr. Corey asked if the street frontage met the minimum requirements of the LDC. Mr. Lightfoot
stated that both properties met the minimum frontage requirements for the RS-3 zoning district
but did not meet the median frontage required by the City’s subdivision regulations. Mr. Lightfoot
added that the project could still be approved but would require a supermajority vote. Mr. Aviñó
provided the Board with the frontages for both lots and stated that they both exceed the
minimum frontage requirement for the district.
With no further questions for either the applicant or staff, Ms. Ruiz opened the floor to Board
discussion on the item.
Mr. Miller stated that he was generally for the project as proposed with the caveat that in the
event the LDC doesn’t require that the physical barrier be six (6) feet high around the pool, that
it be part of the approval. Ms. Ruiz explained the physical barrier options that she had when she
built her pool. Mr. Miller then stated that if approved, a condition that a six (6) foot high opaque
fence be placed along the perimeter of the back yard/pool area be placed on the approval.
Ms. Bonich stated that because each of the lots has different site conditions so the condition for
the fence should be clear. Mr. Miller stated that both lots should be treated the same assuming
that they didn’t use the kid fence to secure the pool. Ms. Ruiz asked if he wanted both properties
to have the physical barrier even if a kid fence was installed, to which Mr. Miller stated yes.
With no further discussion, the Board made a motion on the item.
Motion: Ms. Ruiz moved to approve PB-20-017 with the recommendations on pages 7 and 8 of
the staff report. Ms. Bonich seconded the motion.
Vote: Yes 3, No 3 (Miller, Corey, Jacobs)
Ms. Bonich: Yes
Mr. Miller: No
Mr. Corey: No
Mr. Jacobs: No
Mr. Baldwin: Yes
Ms. Ruiz: Yes
Ms. Ruiz incorrectly stated that the item passed with a vote of 4-3, when the vote was actually 3-
3. Because of that, the motion to approve PB-20-017 resulted in a deadlocked vote. Pursuant to
Section 20-6.1(B)(4(a)(iii) of the LDC,
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Recommendations on all items before the Board shall be transmitted to the
City Commission within forty-five (45) calendar days of the time that the item
first appears on a regularly scheduled Board agenda. If the Board has not
reached a decision on the item during said forty-five (45) day period, or if the
Board has reviewed the application and is deadlocked, then the item shall be
transmitted forthwith to the City Commission with a "No Comment"
recommendation.
Pursuant to the aforementioned LDC regulation, the item will be forwarded to the City
Commission with a “No Comment” recommendation from the Board.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
There were no Public Comments.
The Chairperson opened the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of July 14, 2020:
Mr. Miller moved to approve the meeting minutes as presented. The motion was seconded by
Ms. Ruiz.
Vote: Yes 7, No 0 (None)
Mr. Jacobs: Yes
Ms. Bonich: Yes
Mr. Miller: Yes
Mr. Corey: Yes
Mr. Baldwin: Yes
Ms. Ruiz: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: October 14, 2020
VIII. Adjournment
The meeting was adjourned at 8:17 P.M.
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REQ. / ALLOWEDPROPOSEDUSE SFRLOT AREA (MIN)10,000 SF 14,727 SFFRONTAGE (MIN) 75 FT 127.21 FT (EXISTING)MAX. BLDG COV. 1ST FLR (0.3) 4,418 SF (0.3) 2,521.97 SFMAX. IMPERVIOUS COV. (0.4) 5,891 SF (0.4)5,732.20 SFMAX F.A.R. (0.45) 6,627 SF (0.45) 4,186.52 SFSETBACKS (FIRST FLOOR)FRONT 25 FT 27.50 FTREAR 25 FT 27.50 FTSIDE INTERIOR 10 FT 18.62 FTSIDE STREET 20 FT 48.62 FTSETBACKS (SECOND FLOOR)FRONT 25 FT 41.08 FTREAR 25 FT 27.50 FTSIDE INTERIOR 15 FT 18.62 FTSIDE STREET 25 FT 48.62 FTBUILDING HEIGHTSTORIES 2 2FEET 25 FT 24.58 FT BUILDING AREA:FIRST FLOOR 2,521.97 SFSECOND FLOOR2,145.40 SFTOTAL 4,667.37 SF AREA UNDER ACFIRST FLOOR 2,032.12 SFSECOND FLOOR2,145.40 SFTOTAL 4,177.52 SFLANDSCAPE AREAFRONT YARD (50% 3,660 SF) 1,830 SF(50%)POOL SETBACKSFRONT (MIN. AT FRONT BLDG LINE) 25 FT 75.41' FTWEST SIDE 10 FT 49.87' FTEAST SIDE 10 FT 65.83' FTREAR 10 FT 10 FTLOT 1 - ZONING LEGENDREQ. / ALLOWEDPROPOSEDUSE SFRLOT AREA (MIN)10,000 SF 12,160 SFFRONTAGE (MIN) 75 FT 80 FTMAX. BLDG COV. 1ST FLR (0.3) 3,648 SF (0.3) 2,529.91 SFMAX. IMPERVIOUS COV. (0.4)4,864 SF (0.4)4,841.91 SFMAX F.A.R. (0.45) 5,472 SF (0.45) 3,975.75 SFSETBACKS (FIRST FLOOR)FRONT 25 FT 27.62 FTREAR 25 FT 53.12 FTNORTH SIDE INTERIOR 10 FT 10.16 FTSOUTH SIDE INTERIOR 10 FT 15.08 FTSETBACKS (SECOND FLOOR)FRONT 25 FT 27.62 FTREAR 25 FT 53.12 FTNORTH SIDE INTERIOR 15 FT 32.00 FTSOUTH SIDE INTERIOR 15 FT 15.08 FTBUILDING HEIGHTSTORIES 2 2FEET 25 FT24.83 FTBUILDING AREAFIRST FLOOR 2,538.62 SFSECOND FLOOR1,832.26 SFTOTAL 4,370.88 SFAREA UNDER ACFIRST FLOOR 2,140.32 SFSECOND FLOOR1,832.26 SF TOTAL 3,972.58 SF LANDSCAPE AREAFRONT YARD (50% 2,000 SF) 1,000 SF (50%)POOL SETBACKSFRONT (MIN. AT FRONT BLDG LINE) 25 FT 111.62' FTNORTH SIDE 10 FT 31.58' FTSOUTH SIDE 10 FT 18.41' FTREAR 10 FT 25.20' FTLOT 2 - ZONING LEGENDO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HOO HOO H HOUSE 1HOUSE 2378" BETWEEN T BESTYP. SPACING MA .5(9,6,216 -2% 6+((7 OWNER:5907 SW 80 STREET,LLC.PO BOX 402566MIAMI BEACH, FL 33140JD Engineering Services, Inc.&HUWLILFDWHRIDXWKRUL]DWLRQ 1R JOB TITLE:NEW SINGLE FAMILYRESIDENCE5907 SW 80TH STMIAMI, FL 33143CONSULTING ENGINEERING1231 W 14TH, SUITE 101MIAMI BEACH, FL. 33139(305) 209-3636www.jd-miami.comJOSE LUIS GUZMANPE 561384869 SW 75th AVE.MIAMI, FL. 33155(786) 338-1082 RICARDO N. LOPEZPE 594003461 SE 1ST STREET,HOMESTEAD, FL. 33033(786) 200-8836 STRUCTURAL ENGINEERE + FA ENGINEERSHEET TITLE:HAROLD MONAR998753DA STUDIO, LLC1645 SW 82ND CT. MIAMI, FL. 33155(786) 302-3937 ARCHITECTSCALE: 3 32" 1 0"SITE l n.PROPOSE SITE PLANSCALE: NTSTYPICAL ri c ence edge det il.TYPICAL l min m ic et ence owder co ted ronze SCALE: NTS339
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O HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO HO H E ISTING PALMTO REMAINE ISTING PALMTO RELOCATEE ISTING TREETO REMAINE ISTING TREETO RELOCATEE ISTING PALMTO REMOVEE ISTING TREETO REMOVE5(9,6,216 -2% 6+((7 OWNER:5907 SW 80 STREET,LLC.PO BOX 402566MIAMI BEACH, FL 33140JD Engineering Services, Inc.&HUWLILFDWHRIDXWKRUL]DWLRQ 1R JOB TITLE:NEW SINGLE FAMILYRESIDENCE5907 SW 80TH STMIAMI, FL 33143CONSULTING ENGINEERING1231 W 14TH, SUITE 101MIAMI BEACH, FL. 33139(305) 209-3636www.jd-miami.comJOSE LUIS GUZMANPE 561384869 SW 75th AVE.MIAMI, FL. 33155(786) 338-1082 RICARDO N. LOPEZPE 594003461 SE 1ST STREET,HOMESTEAD, FL. 33033(786) 200-8836 STRUCTURAL ENGINEERE + FA ENGINEERSHEET TITLE:HAROLD MONAR998753DA STUDIO, LLC1645 SW 82ND CT. MIAMI, FL. 33155(786) 302-3937 ARCHITECTPROFESSIONAL SEAL:VINCENT A. FILIGENZILA #6667191900 BISCAYNE BLVD. #1403MIAMI, FL. 33132(786) 346-8909LANDSCAPE ARCHITECTSCALE: NTSTREE PROTECTION DETAILTREE DISPOSITIONPLAN1TREE DISPOSITION PLANSCALE: 1/16" = 1'-0"SYMBOL LEGENDSCALE: NTSTOTAL CANOPY REMOVAL CALCULATIONOVERALL EXISTING CANOPY 24,824 SFINVASIVE CANOPY 9,714 SFNON-INVASIVE CANOPY 15,110 SF50% NON-INVASIVE CANOPY 7,555 SFREMOVED CANOPY 3,252 SF
342
5(9,6,216 -2% 6+((7 OWNER:5907 SW 80 STREET,LLC.PO BOX 402566MIAMI BEACH, FL 33140JD Engineering Services, Inc.&HUWLILFDWHRIDXWKRUL]DWLRQ 1R JOB TITLE:NEW SINGLE FAMILYRESIDENCE5907 SW 80TH STMIAMI, FL 33143CONSULTING ENGINEERING1231 W 14TH, SUITE 101MIAMI BEACH, FL. 33139(305) 209-3636www.jd-miami.comJOSE LUIS GUZMANPE 561384869 SW 75th AVE.MIAMI, FL. 33155(786) 338-1082 RICARDO N. LOPEZPE 594003461 SE 1ST STREET,HOMESTEAD, FL. 33033(786) 200-8836 STRUCTURAL ENGINEERE + FA ENGINEERSHEET TITLE:HAROLD MONAR998753DA STUDIO, LLC1645 SW 82ND CT. MIAMI, FL. 33155(786) 302-3937 ARCHITECTPROFESSIONAL SEAL:VINCENT A. FILIGENZILA #6667191900 BISCAYNE BLVD. #1403MIAMI, FL. 33132(786) 346-8909LANDSCAPE ARCHITECTTREE DISPOSITIONLEGENDTREE DISPOSITION LEGENDLOT 2TREE DISPOSITION LEGENDLOT 1LOT 1 CANOPY REMOVAL CALCULATIONOVERALL EXISTING CANOPY 14,002 SFINVASIVE CANOPY 5,181 SFNON-INVASIVE CANOPY 8,821 SF50% NON-INVASIVE CANOPY 4,411 SFREMOVED CANOPY 967 SFLOT 2 CANOPY REMOVAL CALCULATIONOVERALL EXISTING CANOPY 10,822 SFINVASIVE CANOPY 4,533 SFNON-INVASIVE CANOPY 6,289 SF50% NON-INVASIVE CANOPY 3,144 SFREMOVED CANOPY 2,285 SF
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18SE SUNDAY NOVEMBER 8 2020NEIGHBORSMIAMIHERALD.COM
Two national chains,
roaches, flies and mold
make appearances on this
geographically diverse
edition of Gross Grocers.
In a rarity, this look at
inspections of food sellers
and handlers hits for the
South Florida cycle — rep-
resentation from Miami-
Dade, Broward, Palm
Beach and Monroe coun-
ties.
Now the rules: Unlike
Florida Department of
Business and Professional
Regulation inspections of
restaurants, failing doesn’t
mean a store gets closed
until it passes. But parts of
the store can be put under
a Stop Use order until the
problem gets properly
addressed. A place gets
enough Stop Use orders, it
might not have enough
parts of the store it can use
to make opening worth-
while.
What follows comes
from Florida Department
of Agriculture inspection of
groceries, supermarkets,
minimarts, convenience
stores, food storage, food
distribution and food pro-
cessing facilities. If want a
place inspected or want to
report a problem, don’t
email us. Go to the Depart-
ment of Agriculture web-
site and file a complaint.
We don’t decide who
gets inspected or how
strictly they get inspected.
We report without passion
or prejudice, but with a loaf
of humor.
In alphabetical order:
De Leon Seafood, 201
20th St., Marathon:We
know things can be a little
more raw and outdoorsy in
the Keys, but even in Flip-
Flop Land, one must ob-
serve some indoor living
cleanliness rules.
Such as having a way to
wash, rinse and sanitize
cookware. “Warewash sink
was found outside, but not
attached.”
And there needs to be a
handwash sink in the area
where the ready-to-eat
stone crabs are processed.
“Ceiling located above
the cooker for ready-to-eat
stone crabs was found
open, not sealed properly,
to prevent cross contam-
ination or protect food.”
So, who knows what kind
of ceiling sauce dripped on
the stone crabs?
Futuro Supermarket,
13660 SW 56th St., West
Miami-Dade:Maybe it’s
called “Futuro” because
that’s when the owners
plan to get the permit they
didn’t have.
They also didn’t have a
handwash sink in the food
service area “where the hot
box food items are served/
packaged and the pork
rinds/pork shoulders are
served/packaged for cus-
tomers.”
They did have a hand-
washing sink that “shoots
water at the person wash-
ing hands from the base
where the faucet attaches
to the sink basin.” Seems
like that would deter use.
Futuro’s got until Dec. 3
to deal with that. More
immediately, they need to
address the employee
washing, rinsing, but not
sanitizing utensils and
dishes.
Also, the bread pudding,
flan and arroz con leche
bore no indication who
made them or from
whence they came. Basura.
An ice machine had
“black, mold-like grime
encrusted on the interior
housing and icemaking
portion.”
Papa Corn’s House,
15585 SW 177th Ave.,
South Miami-Dade:“No
toilet installed in a fixed
building is available on the
premises. Only a portable
restroom is available at the
location.”
Having mystery food —
no manufacturer informa-
tion on custard, fruit in
syrup and pasta salad —
got all of that tossed.
Papa didn’t stop being a
rolling stone long enough
to get a septic permit from
the Department of Health.
Stop Use orders already
sidelined all open food
handling areas, food equip-
ment and processing areas.
The inspection says Pa-
pa’s folks moved some
equipment outside to the
taco food truck, which
would be covered by the
Florida Department of
Business and Professional
Regulation inspectors, and
promised to work from
there.
GROSS GROCERS
Roaches, mold: South Florida
grocers fail inspection
BY DAVID J. NEAL
dneal@miamiherald.com
DAVID J. NEAL dneal@miamiherald.com
Moldy peppers.
348
349
350
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land
Development Code modifying Article VIII, Section 20-8.3 regarding the Transit-Oriented Development District
Mixed-Use Market (TODD (MU-M)). 4/5 (Vice Mayor Welsh)
Suggested Action:
Approval
Attachments:
ORD_AmendingTODD_MU-M_CArev(2).docx
PB-20-023 Draft PB Regular Meeting Minutes Excerpt - 11-10-2020.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
351
ORDINANCE NO. ____________1
2
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of 3
South Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding 4
the Transit-Oriented Development District Mixed-Use Market (TODD MU-M).5
6
WHEREAS, the City Commission adopted Ordinance No. 17-20-2371 on June 2, 2020 amending 7
Article VIII of the Land Development Code (LDC) and creating a new zoning category, Transit-Oriented 8
Development District Mixed-Use Market (TODD (MU-M)) as requested by 5850 SW 73 Street LLC (the 9
“Applicant”); and10
11
WHEREAS, the provisions adopted for the TODD (MU-M) included a requirement that 12
development in this district have adequate space to attract a full-service grocery store; and 13
14
WHEREAS, the LDC also provided that, if a grocery store vacant for more than two years or not 15
feasible, then ten percent of the residential units above the second floor must qualify as Affordable 16
Housing; and17
18
WHEREAS, Section 20-8.3(h) of the regulations also required that the grocery store lease be for a 19
term of thirty (30) years; and 20
21
WHEREAS, the Applicant has proposed modifying Section 20-8.3(h) by reducing the initial lease 22
term to twenty (20) years with at least two (2) lease extension periods of five (5) years each; and23
24
WHEREAS, on November 10, 2020, the Planning Board reviewed the request, held a duly 25
advertised public hearing, and voted 7 to 0 to recommend approval of the proposed amendments.26
27
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 28
SOUTH MIAMI, FLORIDA AS FOLLOWS:29
30
Section 1.The foregoing recitals are hereby ratified and incorporated by reference as if fully set 31
forth herein and as the legislative intent of this Ordinance.32
Section 2. Section 20-8.3 of the City’s Land Development Code is hereby amended to read as 33
follows:34
35
20-8.3 - Creation of TODD sub-categories.36
(A)For purpose of recognizing the existing patterns of land use, the need to encourage a logical mix of 37
land uses, and the need to promote a higher density of uses together with practical development bonus 38
opportunities, the following subcategories (zones) are hereby created:39
***40
(4)“TODD (MU-M)” Mixed-Use Market. All development in this district must have adequate grocery 41
store space to attract a full service grocery store and a minimum of 20,000 square feet, exclusive of 42
back of house, loading area and common areas of the building, of ground floor devoted exclusively to a 43
grocery store (Grocery Store Space). If the Grocery Store Space is vacant for more than 2 years or if a 44
grocery store is not feasible as determined in paragraph (f), 10% of the dwelling units above the second 45
floor must be Affordable Housing of which one half (1/2) must be set aside for Low income and Very 46
352
Low Income Individuals and families and one half (1/2) must be set aside for Moderate Income 47
Individuals and Families.48
(a)If the owner decides to develop Affordable Housing, in lieu of Grocery Store Space, or if the 49
Grocery Store Space remains vacant for more than 2 years, or if a grocery store is not feasible as 50
defined in paragraph (f), the owner must record a covenant running with the land, in form and 51
substance approved by the City Attorney and City Manager, executed by the owner and binding 52
upon the property owner, as well as all successors in interest and assigns, which complies with 53
the Affordable Housing requirements of Section 20-4.9. In the event of a conflict between the 54
provisions of Section 20-4.9 and this Section, then the requirements of this Section shall prevail. 55
In addition, 10% of all available units must be made available to Affordable Housing tenants and 56
evenly made available among Very Low-Income Tenants, Low-Income Tenants and Moderate-57
Income Tenants to the greatest extent practicable. However, if after 30 days of advertising the 58
units as Affordable Housing,59
(1) There are insufficient qualified applicants to fill the Very Low-Income quota for all the 60
different types of units set aside for Very Low-Income Tenants, those units may be rented 61
to Low-Income Tenants; and 62
(2) if after 30 days of advertising t There are insufficient qualified applicants to fill the Low-63
Income quota, the Owner may rent such unit to a qualified Moderate-Income Tenant.64
(3) The Owner shall keep an updated inventory of all available types of units (“Inventory 65
Application Form”) which shall be presented to all residential rental applicants and the 66
inventory shall be signed by the applicant to indicate the units made available and the unit 67
chosen by the applicant. These signed inventory sheets shall be kept and maintained as a public 68
record subject to inspection, but such records shall not be released without the appropriate 69
redaction of exempt and/or confidential information. Owner will publicize openings in the 70
Affordable Housing Residential Rental Units in a newspaper of general circulation including The 71
Miami Herald and El Nuevo Herald, as well as in The Miami Times, and Community Newspaper 72
-South Miami Edition.73
(b)The term “grocery store”, for the purposes of this subcategory, means a store retailing a general 74
line of food and non-food grocery products, including dairy, canned and frozen foods, fresh fruits and 75
vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and 76
utilization.77
(c)Parking and Loading.78
(1)A minimum of 3.0 parking spaces for every 1,000 square feetof gross Grocery Store Space must 79
be provided and reserved for grocery store patrons.80
81
(2)A development with Grocery Store Space shall be designed to include an internalized loading 82
space for truck delivery and provides for a sufficient turning radius for delivery trucks given the size 83
and the constraints of the abutting street.84
85
(3)Paragraphs (1) and (2) shall take precedent over other provisions in the TODD and Hometown 86
District Overlay concerning parking.87
88
(4)The owner must execute a parking enforcement covenant running with the land approved by 89
the City Attorney as to form and substance which shall remain in full force and effect for so long as 90
the property is required, by this Subsection, to have a grocery store use. The covenant must provide 91
for City enforcement of the parking requirement of paragraph (c)(1) above.92
(d)All garbage and trash containers must be maintained inside the building envelope.93
353
(e)No use, other than a grocery store is allowed in the Grocery Store Space and until it is occupied by 94
a grocery store it must remain vacant. However, the Grocery Store Space may be used for other 95
commercial uses if:96
(1)the owner can prove to a super majority of the City Commission by competent substantial 97
evidence at a public hearing that such use is not feasible as defined in paragraph (f); and98
(2)the owner converts ten percent (10%) of its residential units above the second floor to 99
Affordable Housing as defined in 20-2.3, as the existing leases expire, and records Affordable Housing 100
covenant in accordance with 20-4.9 for such units.101
(f)A grocery store use, for the purposes of this paragraph, is not feasible if:102
(1)the Owner has used its best efforts to locate a grocery store; and103
(2)no grocery store owner is ready, willing and able to lease the Grocery Store Space for a 104
competitive grocery store rental105
(g)The Owner may not convert any of the residential units to owner occupied units (Converted Units) 106
unless the Owner has developed Grocery Store Space and has a minimum 30 year lease with a grocery store, 107
which term includes any options of the store to renew the lease, or executes and records in the land records 108
for Miami-Dade County a covenant running with the land, approved by the City Attorney as to form and 109
substance, that requires the owner to110
(1)set aside 10% (Set Aside) of those Converted Units for sale to qualified Affordable Housing 111
buyers (Qualified Buyer). A Qualified Buyer is someone who meets the requirements for a Miami-112
Dade County homebuyer loan program for Very-low Income, Low Income or Moderate-Income 113
individuals and families as it existed on June 2, 2020, or as amended.114
(2)restrict the conveyance of the Set Aside Converted Units to only Qualified Buyers; and115
(3)include a deed restriction in the conveyance of Set Aside Converted Units that116
(i)prohibits the reconveyance of said unit for 15 years, other than to another Qualified 117
Buyer; and118
(ii)requires, in the event of a foreclosure sale or the execution of a deed in lieu of 119
foreclosure by a Qualified Buyer (hereinafter referred to as “Foreclosure Sale”) and to the 120
extent of any Qualified Buyer’s equity in the Set Aside Converted Unit, the repayment of any 121
grant, gift or other subsidy from a governmental entity used to pay for any of the closing costs, 122
down payment or equity in the property (Government Subsidy). In the event of a Foreclosure 123
Sale, so much of any excess proceeds that would otherwise be owed to the Qualified Buyer 124
after the mortgage has been satisfied and any foreclosure judgment has been paid in full from 125
the sale of the property or by agreement with the mortgagee, must be paid back to the 126
governmental entity that provided the Government Subsidy until the subsidy is repaid in full. 127
Nothing contained herein shall prevent Qualified Buyers from recovering their equity in the 128
property that exceeds the Government Subsidy.129
(h) Grocery Store Lease Exception: The affordable housing provisions of these MU-M district regulations 130
shall not apply if the owner and/or the developer: (1) presents the City Manager with a duly 131
executed lease in recordable form with an initial lease term of twenty (20) years and providing at 132
354
least two (2) lease extension periods of five (5) years each for the operation of a Grocery Store; (2) 133
obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from the City a local 134
business tax receipt. For clarity and for the avoidance of doubt, once the owner developer satisfies 135
conditions (1), (2), and (3) in the immediately preceding sentence, no affordable housing 136
requirement of this or any other provisions of the City’s Code or land development regulations shall 137
thereafter attach to the property. In the event of a conflict between any regulation and this 138
paragraph (h), the provisions of this paragraph (h) shall prevail.139
Section 3. Corrections.Conforming language or technical scrivener-type corrections may be 140
made by the City Attorney for any conforming amendments to be incorporated into the final ordinance.141
142
Section 4.Codification. The provisions of this Ordinance willbecome and be made part of the City 143
of South Miami’s Land Development Code, as amended.144
145
Section 5. Severability.If any section, clause, sentence, or phrase of this Ordinance is for any 146
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding will not affect the 147
validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.148
149
Section 6. Ordinance in Conflict.All ordinances or parts of ordinances and all sections and parts 150
of section of ordinances in direct conflict herewith are hereby repealed.151
152
Section 7. Effective Date.This Ordinance will become effective upon enactment.153
154
PASSED AND ENACTED this _____ day of _________, 2020.155
156
ATTEST:APPROVED:157
158
159
______________________________160
CITY CLERK MAYOR161
1st Reading: 162
2nd Reading: 163
164
READ AND APPROVED AS TO FORM:COMMISSION VOTE:165
LANGUAGE, LEGALITY AND Mayor Philips:166
EXECUTION THEREOF Vice Mayor Welsh:167
Commissioner Gil:168
Commissioner Harris:169
_______________Commissioner Liebman:170
CITY ATTORNEY171
172
355
1
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, November 10, 2020
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions.The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not-for-profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city’s website (www.southmiamifl.gov).
I.Call to Order
Action: Ms. Ruiz called the meeting to order at 7:01 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II.Roll Call
Board Members Present Constituting a Quorum:Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller
(Vice-Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwinand Ms.
Lisa Bonich.
Board Members Absent:None.
City Staff Present:Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent:None.
City Attorney:Mr. Thomas Pepe.
III. Administrative Matters
356
2
Ms. Tompkins informed the Board that Miami-Dade County will be holding an information meeting
about the Ludlam Trail on Thursday, November 19, 2020 via Zoom. She then let the Board know
where the information on the meeting could be found.
IV. Public Hearings:
Mr. Pepe provided the Board and the public with the procedures for the public hearing portion of
the meeting.
1.PB-20-023
Applicant:The City of South Miami
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South
Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding the Transit-
Oriented Development District Mixed-Use Market (TODD (MU-M)).
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning and
Zoning Director)
Ms. Ruiz read PB‐20-023 into the record.
Ms. Ruiz asked Ms. Tompkins who will be presenting the item to the Board, to whichMs. Tompkins
stated that she would be presenting the item.
Ms. Tompkins presented the item request to the Board.
Mr. Pepe stated that Paragraph A of Subsection 4 of Section 20-8.3 of the Land Development Code
(LDC) appears to be in conflict with the following language:
(a)If the owner decides to develop Affordable Housing, in lieu of Grocery Store
Space, or if the Grocery Store Space remains vacant for more than 2 years, or if a
grocery store is not feasible as defined in paragraph (f), the owner must record a
covenant running with the land, in form and substance approved by the City
Attorney and City Manager, executed by the owner and binding upon the property
owner, as well as all successors in interest and assigns, which complies with the
Affordable Housing requirements of Section 20-4.9. In the event of a conflict
between the provisions of Section 20-4.9 and this Section, then the requirements of
this Section shall prevail. In addition, 10% of all available units must be made
available to Affordable Housing tenants and evenly made available among Very
Low-Income Tenants, Low-Income Tenants and Moderate-Income Tenants to the
greatest extent practicable. However, if after 30 days of advertising the units as
Affordable Housing,
Furthermore, Mr. Pepe pointed out that the proposed Sub Paragraph h states the following:
Grocery Store Lease Exception: The affordable housing provisions of these MU-
M district regulations shall not apply if the owner and/or the developer: (1)
presents the City Manager with a duly executed lease in recordable form with an
initial lease term of twenty (20) years and providing at least two (2) lease
357
3
extension periods of five (5) years each for the operation of a Grocery Store; (2)
obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from
the City a local business tax receipt. For clarity and for the avoidance of doubt,
once the owner developer satisfies conditions (1), (2), and (3) in the immediately
preceding sentence, no affordable housing requirement of this or any other
provisions of the City’s Code or land development regulations shall thereafter
attach to the property. In the event of a conflict between any regulation and this
paragraph (h), the provisions of this paragraph (h) shall prevail.
Mr. Pepe then stated that if the conditions 1, 2, and 3 of subparagraph h are met, then the
property owner could start a grocery store and then have it vacant for 2 or more years without
any of the conditions in paragraph A coming into effect.
Ms. Ruiz asked if the Board could state that they don’t want to decide on a specific item and send
items back to the legal department for further review. Mr. Pepe stated that the Board could make
a recommendation and send it back to the City Commission for review.
Ms. Bonich asked if the information regarding low income was in the draft regulations when the
Board originally reviewed the item, to which Mr. Pepe stated that yes. the only language that
wasn’t in the regulation was subparagraph h. Ms. Tompkins added that the language was added
between the review by the Planning Board and the review by the City Commission. Ms. Bonich
then asked if the property owner puts the grocery store and it doesn’t work out, they won’t be
required to provide affordable housing, to which Mr. Pepe stated yes.
Mr. Miller asked why the Board has regulations in front of them that hasn’t been ironed out by
City staff. Ms. Tompkins responded that because Mr. Jeffery Bass is the author of the draft
ordinance, it would be best if he answer that question.
Mr. Jacobs stated that he has an issue with the draft ordinance. He stated that the removal of the
language for low income individuals is treating those individuals as if they were less than human.
Ms. Ruiz then let Mr. Jeffery Bass speak to the Board. Mr. Bass represents the owner of the Winn
Dixie property (5850 SW 73 Street) and has offices at 46 SW 1st Street. Mr. Bass gave an
explanation to the Board as to why the draft ordinance came about. He then provided the Board
with possible recommendations on the item.
The Chairperson opened the floor to public comments on PB-20-023.
None
The Chairperson opened the floor to public comments on PB-20-023.
Mr. Borges stated that he disagrees with Mr. Jacobs on the character of Mr. Bass. He also
encouraged the Board to support Vice Mayor Welsh on the item.
Mr. Miller asked if staff is recommending that this item be approved as written. Ms. Tompkins
responded that staff understands Mr. Pepe’s concerns and believes that all parties involved are
quite capable of working through the issues at hand before the next City Commission meeting.
358
4
Ms. Ruiz stated that based on what was presented by Mr. Bass, the Board has the ability to
recommend approval of the item without subsection A. She then stated that the Boards’ decision
is only a recommendation, not the final decision.
Mr. Pepe stated that subparagraph A is needed. The conflict comes up where the draft ordinance
talks about a grocery store that remains vacant for more than two (2) years. If subparagraph A is
removed, the owner won’t be required to put in any affordable housing. Mr. Pepe then
recommended that the following wording from the draft ordinance be removed because it is
creating a conflict:
“…or if the grocery store space remains vacant for two (2) years”
Ms. Ruiz asked Mr. Bass if there would be any issues with the removal of the recommended
language. Mr. Bass responded that if the board recommends that the language be removed, then
he would like to reserve his right to look at it within the context of the whole LDC to make sure
that there aren’t any unintended consequence. He then directed the Board towards subparagraph
h which has provision that states that when you are in the respective subparagraph, there is no
conflict because nothing else applies. He then stated that the language was drafted as narrowly
as possible and still serve its intended purpose.
Mr. Jacobs stated that it seems that the banks are having an effect on the City LDC, they won’t
lend money for a project that has an affordable housing component. Mr. Miller stated that banks
lend money for affordable housing all the time. The Board then held a brief discussion on the
subject.
Mr. Corey asked how the Board responds to something that the Board already approved but then
comes back for review with contingencies that weren’t there before. He also asked what it means
when the Board talks about affordable housing. Ms. Tompkins provided the Board with an
explanation of how the LDC defines affordable housing. Ms. Ruiz stated that the Board should
vote on the items as they come before the Board. Mr. Pepe added that the Board can do a lot of
different things to let the Commission know what their desires are. Mr. Miller then suggested that
the Board should hold a sunshine meeting on the topic of affordable housing. Regarding Mr.
Miller’s comment, Mr. Pepe stated that the City changed a provision in the LDC that would give
the Board the opportunity to hold Sunshine meetings
With no further discussion, the Board made a motion on the item.
Motion:Ms. Ruiz moved to recommend approval of PB-20-023 with the recommendation that
everyone have a conversation and be on the same page about the applicability and necessity of
certain language in subparagraph A. Mr. Miller seconded the motion.
Ms. Ruiz let Mr. Borges make final comments on the item. Mr. Borges requested that the Board
respect Vice Mayor Welsh, the author of the proposed ordinance, and allow him to make the
necessary changes as he sees fit. Mr. Borges then stated that the motion should be changed to be
“Approved as is” as the author indicated. Ms. Ruiz stated that her motion was to approve the item
as is with the recommendation that the misunderstandings need to be worked out. Mr. Miller
then stated that he seconded the motion because he agreed with what was said.
359
5
Vote: Yes 7, No 0(None)
Mr. Bonich: Yes
Mr. Borges: Yes
Mr. Miller: Yes
Mr. Corey: Yes
Mr. Baldwin: Yes
Mr. Jacobs: Yes
Ms. Ruiz: Yes
The motion to approve PB-20-016 was unanimously approved by the Board.
V.Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
There were no Public Comments.
The Chairperson opened the floor for public comments and any new business.
VI.Approval of the Minutes
1.Planning Board Regular Meeting Minutes of September 14, 2020:
Ms. Ruiz explained that she incorrectly counted the votes on PB-20-017 and stated that the item
resulted in a tie vote instead of it being approved. Mr. Millerthen asked if there is a way that the
developer and neighborhood can be notified when the Board approves an item in error so that
the Board can reconvene in order to correct the discrepancy. Mr. Pepe stated that all parties
involved should keep track of the vote so that any issues can be corrected immediately. If an item
fails, it still goes to the City Commission with a recommendation of failure. Staff would have picked
up on it that the vote was not a failure and instead was a deadlock vote. He then closed by stating
that the chair announcing the vote is not written in stone. The correct vote will come out when
the meeting minutes are produced. Ms. Tompkins added that Mr. Lightfoot notified the applicant
but was not aware if he notified any of the neighbors. Ms. Tompkins then stated that the City
Commission would have met on the item before the next regular scheduled Planning Board
meeting would have taken place.
Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr.
Miller.
Vote: Yes 6, No 0 (None)
Mr. Bonich: Yes
Mr. Miller: Yes
Mr. Corey: Yes
360
6
Mr. Baldwin: Yes
Mr. Borges: Recused
Mr. Jacobs: Yes
Ms. Ruiz: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII.Future Meeting Date: December 8, 2020
VIII.Adjournment
The meeting was adjourned at 9:22 P.M.
361
SUNDAY NOVEMBER 22 2020 NEIGHBORS 17SE
MIAMIHERALD.COM
The sprawling food fes-
tival that draws tens of
thousands to South Beach
every February is planning
to go on as an in-person
event.
The South Beach Wine &
Food Festival has been
lining up talent for a five-
day festival that would cut
capacity to one-third of its
usual attendance of
65,000, halve the number
of events, and limit itself to
outdoor-only dinners, the
festival’s founder said.
The festival still, by no
means, would be a small,
intimate affair.
It expects to draw more
than 20,000 people for its
57 events, down from 114,
from Miami-Dade to Palm
Beach counties. And the
large, outdoor events that
have been the festival’s
hallmark will still go on,
albeit at reduced capacity,
and broken up into two
sessions with an hour-long
cleaning period in be-
tween.
“We know if we don’t do
it right, we’ll screw it up for
the entire industry,” festiv-
al founder Lee Schrager
said.
Meanwhile, the festival
has drawn out a plan
intended to curb the threat
of coronavirus transmis-
sion, Schrager said. It in-
cludes one-way lines at
events, a mask require-
ment except while seated,
health screening and tem-
perature checks, no com-
munal food and no “meet
and greet” opportunities
with celebrity chefs.
And still, Schrager said,
all that could change if
COVID-19 cases continue
to surge. More than
140,000 new cases were
diagnosed in a single day
in the United States this
week. And in Miami-Dade,
the rate of people testing
positive for coronavirus has
nearly doubled in the last
week to more than 9 per-
cent. The county had to
drop to 10 percent before
the mayor allowed
restaurants to reopen.
Scaling back the large,
outdoor gatherings has
been the festival’s focus.
The annual Burger Bash,
which usually crams 4,000
people under a block-long
beachside tent, will be split
into two sessions of 1,000
people each, including
staff. One session will run
from 6-8 p.m., the other
from 9-11 p.m. The beach-
side BubbleQ, a barbecue
and champagne event, will
serve two groups of 1,000
people each.
Smaller dinners will still
be part of the festival. But
festival goers will be seated
at individual tables de-
pending on their party’s
size. Guests who want to
sit together will have to
buy tickets together. It’s a
lesson the festival learned
from a trial run at last
month’s New York City
Wine & Food Festival,
which Schrager also
founded.
The number of national
talent flying in will also be
cut from about 400 to 100
or so, Schrager said. That
will put the focus primarily
on local restaurants and
chefs, many of whom have
garnered national acclaim.
A full slate of events will
be available by Dec. 7 at
the website, sobewff.org,
Schrager said, and tickets
go on sale Dec. 14.
Schrager said the festiv-
al “will not make one
penny this year,” and for
the first time, the festival
is reimbursing participa-
ting chefs up to $700.
The intent of holding
the festival in some in-
person way, he said, was
to support a restaurant
industry that has been
decimated by the virus’
spread.
“If we do this correctly,”
Schrager said, “we hope to
lead the way for how
events like this can be
held.”
Carlos Frías: 305-376-4624
SOUTH BEACH
South Beach food festival
will go on despite pandemic
BY CARLOS FRÍAS
cfrias@miamiherald.com
SETH BROWARNIK South Beach Wine & Food Festival
South Beach Wine & Food Festival will go on as planned
for 2021, with some adjustments because of the pandemic.
362
MIAMI DA ILY BUSINESS REVIE W
Pub lished Da ily except Saturday, Sunday and
Legal Holidays
Miami. Miami-Dade County , Florida
STATE OF FLOR IDA
COUNTY OF MIAM I-DA DE :
Before th e unders igned authority per so nally appeared
GU ILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus in ess Rev iew ffk/a Miami Review , a daily (ex cept
Salurday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County , Fl orida ; tha t th e
attached co py of advertisement, being a Le ga l Advertisement
of Notice in the matter 01
CITY OF SOUTH MIAMI-PUBLI C HEARINGS -DEC . 01 , 2020
in the XXXX Court ,
was published in sa id newspaper in the iss ues of
11 /20/2020
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.01', As. Stat. the
City's Home Rule Powers, an d the City Manager's declaration of a state
. .. . of emergency due to the Coronavirus, the City will be holding its City
Affiant further says !hal Ihe said Mramr Darly Busrness Commission Meeting VIRTUAlLY. The meeting is schedu led to begin on
Rev iew is a newspaper publ is hed at Miami , in said Miami-Dade Tuesday . December 1.2020 at 7:00 p.m . to consider the following public
County. Florida and that the said newspape r has heretofore hearing item(s):
been conti nu ous ly published in said Miami-Dade County, Florida
each day (exc ept Saturday Sunday and legal Hol idays) and A Resolution concerning approval of a Development Agreement for
, land described therein and generall y located at 5850 SW 73 Street
has been entered as second class mail matter at the post and 7331 SW 59th Avenue, South Miami, Flo for a largesca le mixed -use
office in Miami in said Miami-Cade County , Florida , for a pe riod development with 248 residential untts and proposed building inte nsHy of
of one year next preceding the first publica tio n of the attached 36,395 square feet of commercial space, proposed population densities
copy of advertisement : and affiant further says that he or she of 611 people, a·parking garage and a proposed height of 118 feet
has neither pa id nor prom ised any person , firm or corporation eight inches; a copy of the proposed agreement is available in the
City 's Clerk's office. any discount , rebate , commission or refund fOf the purpose of
secu ri ng this advertisement for publication in th e sai d
newspaper. ~-Cj~
20~:2020
(SEAL) ~
GU ILLERMO GARCIA personally known to me
,i~"'i;f;;., CHI¥STINlI LYNN RAVIX ,f tk. \.; Commission' GG27 7771
\~i;~·:~~f Expires November 19, 2022 .. r·· ... ·o .. ·· .... ~~.~.... Bonded 11"nI Troy f ain Ins"rar.Cc:! 800':;65-101?: r,
" .--'
An Ordinance pursuant to Section 20-5.7 and other applicable provisions
of the City of South Miami land Development Code modifying Artic~ VIII,
Section 20-8.3 regarding the Transit-Oriented Development District
Mixed-Use Market (TODD (MU-M)).
An Ordinance amending Section 20-3 .3(0) (Penn ltted Use Schedule)
'of the City's Land Development Code to permit dental offices in the
GR (General Retail) District, under certain conditions.
Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that
portio n of Section 166.04 '(4), Fla. Stat., that required a quorum to be
Wysically present to adopt resolut ions-and enact ordinances.. If E:0:-No.
20-69 is exte nd ed, City staff and all Commission members will participate
by vid eo conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (tlttgs:l/zoolJl.uslI/30S66363381
and partiCipate. If E.O. No. 20-69 is not extended , three members of the
City Commissioner will be physically present in the City Commission
Chambers 1 and th ey will be broadcast on the Zoom plattonn along with ali
other members of the Commission, City Staff and the public who may attend
remotely from other locations. If you desire to present evide nce or you are unable
to use Zoom, there are procedu res to follow and other options available including a
ded icated phon e line to lis ten and parti cipate in the meeting and limited
public attendance, all of which is set forth in the meeting notice posted at City
Hall and at !!!1Q:1 www.southmiamifl. ov SeO/Publi c-Meetin s -N otices.
Anyone who wishes to review pending application, supporting docu mentatiOtl or
who desire to have documents mad e available for viewing by BV8f)'Of1e during
the meeting must contact the City Clerk by calli ng 305-663-634 0.
363
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal Is to be based.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program ,
aGtivity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance
are set forth in 166.041(4) ... A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majority of a quorum
present is necessary to enact any ordinance or adopt any resolution ....
11120 20-61/0000499761M
364
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land Development Code to
permit dental offices in the GR (General Retail) District, under certain conditions. 3/5 (City Manager-Planning
Dept.)
Suggested Action:
Approval
Attachments:
GR amendment re dentists Cover Memo.docx
Ord Dentist in GR DistrictJProctorCArev updated with PB.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
365
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
VIA:Shari Kamali, City Manager
FROM:Jane K. Tompkins, AICP, Planning Director
DATE:December 1, 2020
SUBJECT:
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land
Development Code to permit dental offices in the GR (General Retail) District, under certain
conditions.
BACKGROUND:
Dentists, along with other medical uses, are currently not permitted uses in the General Retail
(GR) zoning district. Until 2018 when a fire closed the building, a dentist office was operating as
a legal nonconforming use in a GR zoned property at 4000 Red Road. A dentist office had
occupied that building since 1962 when dentists were classified as permitted uses under a
previous zoning code. The code was changed sometime later, apparently in the 1980s, and
dentist offices were removed from the list of permitted uses. The office at 4000 Red Road was
allowed to continue under the nonconforming use provisions of the code.
The fire, which caused substantial damage to the building, forced the relocation of the tenants
and triggered Section 20-4.8(G) of the Land Development Code, Damage of a Nonconforming
Structure or Use:
(G) Damage of a Nonconforming Structure or Use.
(1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its
replacement value, all of its rights as a nonconforming structure or use shall be terminated.
(2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its
replacement value, such structure or use may be repaired or reconstructed and used as before
the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar
days of such damage and shall be completed within twelve (12) months.
Since two (2) years have passed since the fire, the building’s use(s) should now comply with the
current code. The dentist who previously occupied the building wishes to return but cannot be
allowed under the current Permitted Use Schedule. In order to allow them to return, an
amendment to the LDC must be approved authorizing the use.
REQUEST:
To amend Section 20-3.3(D), the Permitted Use Schedule, to allow Dentists in the General Retail
(GR) District, provided that each property is limited to one (1) dentist office of no more than
fifteen percent (15%) of the gross floor area of the building.
366
GR Amendment re Dentists
December 1, 2020
Page 2 of 2
ANALYSIS:
The proposed amendment will allow limited opportunities for dentist offices in the GR district,
including the reestablishment of the office at 4000 Red Road. By including the restriction on
the number and size of dentist offices, the intent of GR, which is to provide a broad range of
retail uses, will still be preserved.
PLANNING BOARD RECOMMENDATION:
After a public hearing on November 10, 2020, the Planning Board voted unanimously to
recommend approval of the proposed ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
Draft Ordinance
City Notice of Public Hearing
Legal Ad
367
Page 1 of 3
Ordinance No. _____________1
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land 2
Development Code to permit dental offices in the GR (General Retail) District, under 3
certain conditions.4
5
WHEREAS, the Land Development Code (LDC) regulates Permitted Uses in the various 6
Zoning Districts;7
8
WHEREAS, the GR (General Retail) District permits a variety of service-oriented businesses9
and offices; and10
11
WHEREAS, the GR District also permits Business or Professional Offices, as long as 50 12
percent or more of the ground floor square footage consists of retail uses; and13
14
WHEREAS,Dental Offices are a valuable service to the surrounding residential 15
communities; and16
17
WHEREAS, the Planning Board held a public hearing on the proposed 18
amendment on November 10, 2020 and voted unanimously to recommend approval of 19
the ordinance; and20
21
WHEREAS, the City Commission wishes to permit Dental Offices in the GR District, under 22
certain circumstances.23
24
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:26
Section 1.The foregoing recitals are hereby ratified and incorporated by reference 27
as if fully set forth herein and as the legislative intent of this Ordinance.28
29
Section 2.Section 20-3.3(D) is hereby amended to read as follows:30
SECTION 20-3.3(D)31
PERMITTED USE SCHEDULE32
P = PERMITTED BY RIGHT
S = PERMITTED AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (See Section 20-3.4)
PARK = PARKING REQUIREMENTS (See Section 20-4.4(B) and as modified by Article VIII to TODD
parking)
X = No conditions were adopted
* * *33
368
Page 2 of 3
34
35
USE TYPE
ZONING DISTRICT
R
O
L
O
M
O
N
R
S
R
G
R
M
U
A
H
T
O
D
D
M
U
4
T
O
D
D
M
U
5
T
O
D
D
M
U
6
T
O
D
D
P
I
T
O
D
D
P
R
H P
I
P
R
D
S
C
O
N
D
P
A
R
K
BUSINESS AND PROFESSIONAL SERVICES
* * *
Dentist Office In the GR District, no more than one
dentist office per building and limited to 15% of total
building gross floor area
P P P P P P P P P P P P 9
Dry Cleaning Substation (no processing) S S P P P P P P P P 16 11
Dry Cleaning Plant S S S S S S 7 11
* * * *
Section 3. Corrections. Conforming language or technical scrivener-type corrections may be 36
made by the City Attorney for any conforming amendments to be incorporated into the final 37
ordinance for signature.38
Section 4. Codification. The provisions of this ordinance are to become and be made part of 39
the City of South Miami Code of Ordinances as amended; the sections of this ordinance may be 40
renumbered or re-lettered to accomplish such intention; and the word “ordinance” may be changed to 41
“section” or other appropriate word.42
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for 43
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 44
affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.45
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 46
and parts of sections of ordinances in direct conflict herewith are herebyrepealed.47
Section 7. Effective Date. This ordinance shall become effective upon enactment.48
49
PASSED AND ENACTED this _____ day of ____________, 2020.50
51
ATTEST:APPROVED:52
53
54
By: ______________________ By: ________________________________55
City Clerk Mayor56
1st Reading –57
369
Page 3 of 3
2nd Reading –58
59
60
READ AND APPROVED AS TO FORM: COMMISSION VOTE:61
LANGUAGE, LEGALITY AND Mayor Philips:62
EXECUTION THEREOF Vice Mayor Welsh: 63
Commissioner Gil:64
Commissioner Harris:65
Commissioner Liebman:66
By: ____________________________67
CITY ATTORNEY68
370
SUNDAY NOVEMBER 22 2020 NEIGHBORS 17SE
MIAMIHERALD.COM
The sprawling food fes-
tival that draws tens of
thousands to South Beach
every February is planning
to go on as an in-person
event.
The South Beach Wine &
Food Festival has been
lining up talent for a five-
day festival that would cut
capacity to one-third of its
usual attendance of
65,000, halve the number
of events, and limit itself to
outdoor-only dinners, the
festival’s founder said.
The festival still, by no
means, would be a small,
intimate affair.
It expects to draw more
than 20,000 people for its
57 events, down from 114,
from Miami-Dade to Palm
Beach counties. And the
large, outdoor events that
have been the festival’s
hallmark will still go on,
albeit at reduced capacity,
and broken up into two
sessions with an hour-long
cleaning period in be-
tween.
“We know if we don’t do
it right, we’ll screw it up for
the entire industry,” festiv-
al founder Lee Schrager
said.
Meanwhile, the festival
has drawn out a plan
intended to curb the threat
of coronavirus transmis-
sion, Schrager said. It in-
cludes one-way lines at
events, a mask require-
ment except while seated,
health screening and tem-
perature checks, no com-
munal food and no “meet
and greet” opportunities
with celebrity chefs.
And still, Schrager said,
all that could change if
COVID-19 cases continue
to surge. More than
140,000 new cases were
diagnosed in a single day
in the United States this
week. And in Miami-Dade,
the rate of people testing
positive for coronavirus has
nearly doubled in the last
week to more than 9 per-
cent. The county had to
drop to 10 percent before
the mayor allowed
restaurants to reopen.
Scaling back the large,
outdoor gatherings has
been the festival’s focus.
The annual Burger Bash,
which usually crams 4,000
people under a block-long
beachside tent, will be split
into two sessions of 1,000
people each, including
staff. One session will run
from 6-8 p.m., the other
from 9-11 p.m. The beach-
side BubbleQ, a barbecue
and champagne event, will
serve two groups of 1,000
people each.
Smaller dinners will still
be part of the festival. But
festival goers will be seated
at individual tables de-
pending on their party’s
size. Guests who want to
sit together will have to
buy tickets together. It’s a
lesson the festival learned
from a trial run at last
month’s New York City
Wine & Food Festival,
which Schrager also
founded.
The number of national
talent flying in will also be
cut from about 400 to 100
or so, Schrager said. That
will put the focus primarily
on local restaurants and
chefs, many of whom have
garnered national acclaim.
A full slate of events will
be available by Dec. 7 at
the website, sobewff.org,
Schrager said, and tickets
go on sale Dec. 14.
Schrager said the festiv-
al “will not make one
penny this year,” and for
the first time, the festival
is reimbursing participa-
ting chefs up to $700.
The intent of holding
the festival in some in-
person way, he said, was
to support a restaurant
industry that has been
decimated by the virus’
spread.
“If we do this correctly,”
Schrager said, “we hope to
lead the way for how
events like this can be
held.”
Carlos Frías: 305-376-4624
SOUTH BEACH
South Beach food festival
will go on despite pandemic
BY CARLOS FRÍAS
cfrias@miamiherald.com
SETH BROWARNIK South Beach Wine & Food Festival
South Beach Wine & Food Festival will go on as planned
for 2021, with some adjustments because of the pandemic.
371
MIAMI DA ILY BUSINESS REVIE W
Pub lished Da ily except Saturday, Sunday and
Legal Holidays
Miami. Miami-Dade County , Florida
STATE OF FLOR IDA
COUNTY OF MIAM I-DA DE :
Before th e unders igned authority per so nally appeared
GU ILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus in ess Rev iew ffk/a Miami Review , a daily (ex cept
Salurday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County , Fl orida ; tha t th e
attached co py of advertisement, being a Le ga l Advertisement
of Notice in the matter 01
CITY OF SOUTH MIAMI-PUBLI C HEARINGS -DEC . 01 , 2020
in the XXXX Court ,
was published in sa id newspaper in the iss ues of
11 /20/2020
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.01', As. Stat. the
City's Home Rule Powers, an d the City Manager's declaration of a state
. .. . of emergency due to the Coronavirus, the City will be holding its City
Affiant further says !hal Ihe said Mramr Darly Busrness Commission Meeting VIRTUAlLY. The meeting is schedu led to begin on
Rev iew is a newspaper publ is hed at Miami , in said Miami-Dade Tuesday . December 1.2020 at 7:00 p.m . to consider the following public
County. Florida and that the said newspape r has heretofore hearing item(s):
been conti nu ous ly published in said Miami-Dade County, Florida
each day (exc ept Saturday Sunday and legal Hol idays) and A Resolution concerning approval of a Development Agreement for
, land described therein and generall y located at 5850 SW 73 Street
has been entered as second class mail matter at the post and 7331 SW 59th Avenue, South Miami, Flo for a largesca le mixed -use
office in Miami in said Miami-Cade County , Florida , for a pe riod development with 248 residential untts and proposed building inte nsHy of
of one year next preceding the first publica tio n of the attached 36,395 square feet of commercial space, proposed population densities
copy of advertisement : and affiant further says that he or she of 611 people, a·parking garage and a proposed height of 118 feet
has neither pa id nor prom ised any person , firm or corporation eight inches; a copy of the proposed agreement is available in the
City 's Clerk's office. any discount , rebate , commission or refund fOf the purpose of
secu ri ng this advertisement for publication in th e sai d
newspaper. ~-Cj~
20~:2020
(SEAL) ~
GU ILLERMO GARCIA personally known to me
,i~"'i;f;;., CHI¥STINlI LYNN RAVIX ,f tk. \.; Commission' GG27 7771
\~i;~·:~~f Expires November 19, 2022 .. r·· ... ·o .. ·· .... ~~.~.... Bonded 11"nI Troy f ain Ins"rar.Cc:! 800':;65-101?: r,
" .--'
An Ordinance pursuant to Section 20-5.7 and other applicable provisions
of the City of South Miami land Development Code modifying Artic~ VIII,
Section 20-8.3 regarding the Transit-Oriented Development District
Mixed-Use Market (TODD (MU-M)).
An Ordinance amending Section 20-3 .3(0) (Penn ltted Use Schedule)
'of the City's Land Development Code to permit dental offices in the
GR (General Retail) District, under certain conditions.
Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that
portio n of Section 166.04 '(4), Fla. Stat., that required a quorum to be
Wysically present to adopt resolut ions-and enact ordinances.. If E:0:-No.
20-69 is exte nd ed, City staff and all Commission members will participate
by vid eo conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (tlttgs:l/zoolJl.uslI/30S66363381
and partiCipate. If E.O. No. 20-69 is not extended , three members of the
City Commissioner will be physically present in the City Commission
Chambers 1 and th ey will be broadcast on the Zoom plattonn along with ali
other members of the Commission, City Staff and the public who may attend
remotely from other locations. If you desire to present evide nce or you are unable
to use Zoom, there are procedu res to follow and other options available including a
ded icated phon e line to lis ten and parti cipate in the meeting and limited
public attendance, all of which is set forth in the meeting notice posted at City
Hall and at !!!1Q:1 www.southmiamifl. ov SeO/Publi c-Meetin s -N otices.
Anyone who wishes to review pending application, supporting docu mentatiOtl or
who desire to have documents mad e available for viewing by BV8f)'Of1e during
the meeting must contact the City Clerk by calli ng 305-663-634 0.
372
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal Is to be based.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program ,
aGtivity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance
are set forth in 166.041(4) ... A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majority of a quorum
present is necessary to enact any ordinance or adopt any resolution ....
11120 20-61/0000499761M
373