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Res No 127-22-15880RESOLUTION NO. 127-22-15880 A Resolution relating to Stunnas Fit LLC's Petition for Certiorari, Case No. 2022-000049-AO-0l, and its motion to stay enforcement of the written decision of the City Manager made on June 29, 2022, pending the 11 th Judicial Circuit Court of Appeal's decision. WHEREAS, on September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunnas Fit, LLC ("Stunnas") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions and that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions. A copy of these orders is attached to this Resolution; and WHEREAS, pursuant to Section 20-3.6(V) of the City's LDC the City Manager scheduled a hearing to determine whether to revoke Stunnas' City of South Miami Business Tax Receipt/Business License; and WHEREAS, Section 20-3.6(V)(7) of the City's LDC states: A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90- day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. ; and WHEREAS, the Notice to Show Cause, dated October 13, 2021, was initially scheduled for November 8, 2021, a copy of which is attached to this Resolution. The Notice alleged that Stunnas Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunnas Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021; and WHEREAS, the hearing was rescheduled several times at the request of Stunnas and was eventually heard on June 20, 2022. A copy of the Notices of Hearing and the evidence Page 1 of 3 Res~ No. 127-22-15880 presented are attached to this Resolution; and WHEREAS, on June 29· 2022, the City Manager rendered her decision, a copy of which is attached to this Resolution; and WHEREAS, on July 29, 2022, Stunnas filed a notice of appeal to the City Commission. A copy of which is attached to this Resolution; and WHEREAS, on August 8, 2022, the City Clerk notified Stunnas Fit LLC that its appeal would be heard by the City Commission on August 16, 2022. A copy of this notice has been attached to this Resolution; and WHEREAS, Section 20-3.6(V)(7) (c) provides for an appeal of a decision of the City Manager and it states: Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or permit for failure to comply with these regulations may be appealed by the property or business owner to the City Commission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section 13-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in question clearly meets the definition of a nuisance as defined in this Subsection 20- 3.6(V). The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated, if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). WHEREAS, Section 13-I 05 authorizes an appeal to the City Commission and authorizes the City Commission to reverse, affirm or modify any order, requirement, decision, or determination appealed from, and may make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances; and WHEREAS, on August 16, 2022, Stunnas's appeal was heard and the City Commission passed and adopted a Resolution No.: 093-22-15846 affirming the City Manager's June 29, 2022 decision, a copy of which is attached; and WHEREAS, Stunnas has filed a Petition for Certiorari to the 11 th Circuit Court of Appeal requesting that the court quash the Resolution; and WHEREAS, Stunnas is now requesting that the City Commission stay the enforcement of the City Manager's June 29, 2022 decision. A copy of its motion is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY Page 2 of 3 Res. No. 127 -22-1588 0 COMMISSION O F THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoi ng recitals are based on competent s ubstanti a l evidence and are he reby ratifi ed and inc o rp orated by reference as if fu ll y se t forth here in . Section 2. The moti on of Stun nas Fit LLC to stay e n forcement of the J une 29 , 2022 decis io n of the C it y Manage r regarding Stunnas Fit LLC's Business Tax Rece ip t is he reby den ied. Section 3. Correctio ns. Conformin g la ng uage o r technical sc ri ve ner-type corrections ma y be mad e by the C it y Attorney fo r a ny con formi ng amendments to be in corp orated into the final Reso lution fo r sig natu re. Section 4. Severabili ty. If any section. c lau se, se ntence, o r phrase of th is Resolution is fo r any reason held invalid or unconstitutional by a court of competent jurisdiction, thi s holding wi ll not affect the va lid ity of th e remaining portions of this Re solut io n. Section 5. Effective Date. This Resolution is effective up o n adopt ion. PASSED AND ADOPTED thi s I 8 th da y of Octobe r, 2022 . ATTEST: c~J&/ READ AND APPROVED AS TO FORM. LANGUAGE, LEGALITY. AND EX~;;~ ~RNEY COMM ISSION VOTE: Mayor Philips : Commissioner Harris: Com mi ss ioner Liebma n: Commiss ioner Gi l: Commiss io ner Corey: Page 3 of 3 4-1 Yea Yea Nay Yea Yea Agenda Item No:12. City Commission Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. A Resolution relating to Stunnas Fit LLC’s Petition for Certiorari, Case No. 2022-000049-AO-01, and its motion to stay enforcement of the written decision of the City Manager made on June 29, 2022. 3/5 (City Attorney) Suggested Action: Attachments: CA Memorandum of Law 2.docx Resolution_re_Stay_of_Enforcement_CM_June_29_decision (1).docx Backup Docs to CC Appeal Resolution.pdf Stunnas - MTS Resolution No. 093-22-15846 Docs submitted for M to Stay.pdf Stunnas Appendix - Pages 1 to 239.pdf Transcript Sept 7, 2021 Public Comments.pdf Agenda City Comm. Sept 7 2021.pdf Chapter_13 Art. I___LICENSES.pdf Ord No 25-11-2098 20-3.6(V) New.pdf Ord No 27-21-2417 20-3.6(V) re sound 100 feet.pdf Ord No 25-11-2098 20-3.6(V) Amended to allow Running Programs.pdf Sec._2_24 and 2-25.pdf 2021.04.23 StunnasFitAttorneysvideo transcripts.docx 1 Order finding Stunna's guilty of 24 Sound violations from Nov-Dec..pdf 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Page 1 of 5 TO:The Honorable Mayor & Members of the City Commission & City Manager FROM:Thomas Pepe, City Attorney DATE:October 15, 2022 SUBJECT:STUNNAS FIT LLC(STUNNAS)MOTION FOR STAY OF EXECUTION Stunnas has filed a Motion with the City Commission to Stay Enforcement of Resolution No.: 093-22-15846, pending disposition of Stunnas’ Petition for Writ of Certiorari (“Motion to Stay”). This resolution affirms the City Manager’s June 29th decision concerning Stunnas’s BTR. RESOLUTION: STUNNAS’S MOTION FOR STAY SHOULD BE DENIED. BACKGROUND: I.Factual Background and Procedural History As of June 29, 2022, Stunnas had been cited for violation of the City’s Codes, including the Land Development Code (LDC), on 35 different occasions and all those violations have been sustained byorder ofan impartial Special Magistratebased on competent substantial evidence. None of these 35 citations were instigated by, or the result of any instructions given by, the City Manager or any member of the City Commission concerning the inspect Stunnas Fit for code violations. Thirty- one (31) of the thirty-five (35) violations involved complaints of neighbors and four (4) were discovered by a Code Enforcement officer while she was making her usual rounds within her inspection areas. Seven of the eleven most recent orders finding Stunnas in violation of the City’s LDC concerned violation of Section 20-3.6(V) for operating a business outside of a fully enclosed structure. Stunnas committed seven (7) violations of the City Code within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., (1) May 29, 2021 [Case No. 21-00226 (Violation Date 2021-05-29) the gym allowed its diesel vehicle to stand Idling for more than 5 minutes within 25 feet of the fence of a single-family residence]; (2) May 31, 2021 [Case No. 21- 00227 (Violation Date 2021-05-31) patrons of the gym were exercising in the outside courtyard]; (3) June 7, 2021 [Case No. 21-00232 (Violation Date 2021-06-07) Code enforcement officer observed gym patrons running in and out of the gym and along 62nd Ave]; (4) June 14, 2021 [Case No. 21-00233 (Violation Date 2021-06-14) Code enforcement officer observed gym patrons running in and out of the gym and along 62nd Ave]; (5) July 2, 2021 [Case No. 21-00251 (Violation Date 2021-07-02) Code enforcement officer observed large shipping containers/POD 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Page 2 of 5 on the gym premises]; (6) July 26, 2021 [Case No. 21-00310 (Violation Date 2021-07-26) gym allowed its diesel vehicle to stand Idling for more than 5 minutes next to the gym]; (7) August 24, 2021 [Case No. 21-00317 (Violation Date 2021-08-24) the gym allowed its diesel vehicle to stand Idling for more than 5 minutes while within 200 feet of a residential neighborhood. Three (3) of the above mentioned seven (7) violations were for wrongful acts in violation of 20- 3.6(V). One (1) involved patrons exercising in the outside gym courtyard and two (2) involve patrons running in and out of the gym and along 62nd Avenue. There were also four (4) sustained violations of 20-3.6(V) that occurred within a 90-day period from February 12, 2021, to March 31, 2021, and only one was for patrons running in and out of the gym and along 62nd Avenue. Those violations are as follows: (1) February 12, 2021 [Case No. 21-00177 (Violation Date 2021-02-12) Code Enforcement officer Bynum observed the gym patrons running along 62 nd Ave]; (2) February 20, 2021 [Case No. 21-00179 (Violation Date 2021-02-20) a neighbor filed a complaint concerning outside training in open field north of the gym]; (3) March 6, 2021 [Case No. 21-00180 (Violation Date 2021-03-06) a neighbor filed a complaint concerning gym operating in the courtyard with patrons exercising and running in and out of courtyard gate and into and out of the alley west of the gym]; and (4) March 31, 2021 [Case No. 21-00122 (ViolationDate 2021-03-31) a neighbor complained of gym patrons exercising with dumbbells in the outside courtyard. While the Florida Constitution Article X, Section 9 provides that “[r]epeal of a criminal statute shall not affect the prosecution for any crime committed before such repeal” and while Stunnas was found to have violated Section 20-3.6(V) by operating a running program along 62 nd Avenue before the ordinance was amended on November 16, 2021 (to allow running programs in the City’s Commercial Core1), there were still three violations of Section 20-3.6(V) within a 90-day period from February 20, 2021 through March 31, 2021 for illegal outside activity that did not involve running along 62nd Avenue. On October 14, 2021, the City Manager issued an order directing Stunnas to show cause (Order to Show Cause) why its business license/Business Tax Receipt (BTR) should not be revoked due to having committed at least three (3) violations of Section 20-3.6 (V) within a 90-day period. The order set a hearing date of November 8, 2021. Shortly before the hearing date, Stunnas requested a meeting, and the hearing date was cancelled pending settlement of the issues. Thereafter the parties engaged in settlement negotiations wherein Stunnas agreed to stop yelling at his patrons2 and to not violate 20-3.6(V) provided the 1 City Charter, Article II, Section (D)1 defines the City’s Commercial Core as having 62 nd Avenue as its western boundary. 2 Stunnas’s BTR is for a Personal Skills Instruction Studio. At the time it was issued Personal Skills Instruction Studio was defined as “a business teaching its clients such skills as arts and crafts, dance, exercise, martial arts, and/ or music. See Ordinance 10-92-1505. At the hearing on April 23, 2021, concerning the initial 24 violations of the LDC, Stunnas’s owner, Gabriel Varona, testified that his yelling at his patrons was to motivate them to go beyond what they wanted to do. Therefore, the yelling and screaming emanating from the gym was not 4 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Page 3 of 5 City amend Section 20-3.6(V) to expand the distance that sound could travel from the gym structure to 100 feet. The City Commission considered this request and on November 16, 2021, it amended Section 20-3.6(V) to expand the distance that sound could travel from any commercial structure to 100 feet. Independent of these negotiations, the City Commission decided to also amend Section 20-3.6(V) on August 16th, 2021, to allow running programs in the City’s Commercial Core. The settlement negotiations broke down when a neighbor filed a complaint, substantiated by a video recording, of Stunnas opening its large garage door and allowing its patrons to bring exercise equipment, including dumbbells and barbells, outside of the gym and to exercise while making a lot of noise. A copy of the video was sent to Stunnas. Thereafter, on March 23, 2022, the City Manager issued her second Order to Show Cause why Stunnas’s BTR/business license should not be revoked. The hearing on the City Manager’s Order to Show Cause was continued several times at the request of Stunnas and the property owner. The hearing was finally held on June 20, 2022. At that time several exhibits were introduced, including all the Special Magistrate’s orders that sustained the citations listed in the managers Order to Show Cause. Neither Stunnas nor the property owner offer any evidence, but instead made a legal argument. They complained that they could not find the September 7, 2021, amendment to 20-3.6(V), Ordinance 19-21-2409, on Municode and that they were therefore denied due process. The fact that they allegedly could not find the amended section of the code on the Municode website did not deny them due process since the pertinent part of the ordinance was quoted in the Order to Show Cause. Furthermore, Stunnas’s attorney admitted in settlement negotiations3 that the City has a process for revoking a BTR for violations of City Codes if there is only one violation. Thus, Stunnas was on notice that its BTR could be revoked for one or more violations. Additional evidence of Stunnas’s knowledge of the BTR revocation process is its owner’s attendance at the meeting that enacted the amendment to 20-3.6(V). Notice of the second reading of the amendment to Section 20-3.6(V) was listed as item 19 on the published agenda for the September 7, 2021, meeting and Stunnas’s owner, Gabriel Varona, was present at that meeting. The transcript of the public comments section of the meeting shows that he was there ranting about his gym being mistreated and he thanked two prior speakers for their support. The two prior speakers, Lisa Bonich and her husband, Manuel Alonso, both spoke in opposition to item 19 and stated that they thought that item 19 would affect Stunnas. Therefore, Mr. Varona knew or should have known of the pertinent language of the amendment to 20-3.6(V). In addition, the provision of the amended Section 20-3.6(V) that is in issue was quoted in the October 14 Order to Show Cause that was served on Stunnas on October 14, 2021. The actual show cause hearing took place on June 20, 2022. Therefore, Stunnas had over 8 months to the giving of instructions to learn a personal skill but, instead, it was physical fitness training that is not allowed at the gym’s location. See 20-3.3(D) of the LDC. 3 Stunnas made public a copy of a draft settlement agreement that included a comment by Mr. Teal concerning a provision allowing the City Manager to revoke the BTR if there was one more violation of 20-3.6(V). Mr. Teal said, “This process is already laid out in the City Code so it’s not necessary to add it to this Settlement”. 5 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Page 4 of 5 researchforthe ordinance. Stunnas could have, but did not,request a copy from the City Manager, the City Clerk or the City Attorney, or anyone else at the City, and had Stunnas done so it would have been provided a copy of that ordinance. Also, the ordinance was posted on the City’s home page through the E-DOCUMENTS link found as one of the INFORMATION DEST menu items. This link takes the searcher to the Laserfiche site where there is a search dialogue box. It allows for a search using the section number of the code as a search term, in this case “20-3.6(V)”. The first document produced using this search term is Ordinance 19-21-2409, which is the September 7th amendment to 20-3.6(V). Stunnas was not denied due process since due process only requires notice of the charges and an opportunity, to be heard, to offer evidence and to cross examine witnesses. Stunnas had notice of the charges, an opportunity to be heard, and an opportunity to offer evidence and to cross examine witnesses. Finally, it should be noted that the pertinent part of the amended ordinance was not detrimental to Stunnas, rather it was beneficial. Section 13-16, governing BTRs, provides that the City Manager had authority to revoke a business license/BTR for one violation of the City Code. The amendment to 20-3.4(V) required that there be three violations of Section 20-3.6(V) within a 90- day period. Another argument of the property owner’s attorney was that there had not been any evidence of a violation since the entry of the special magistrates’ orders. In rebuttal, the City produced the video and complaint affidavit previously provided by email to Stunnas, the March 30, 2021, courtesy notice of violation concerning operating before 6:00 a.m., as well as a copy of Stunnas’s BTR/ business license showing its earliest hours of operation commenced at 6:00 a.m., a complaint concerning the gyms operating as early as 5:15 a.m., and a printout of Stunnas’s website showing that it scheduled classes as early as 5:45 a.m. None of this rebuttal evidence was used as the basis for the City Manager’s June 29 decision. On June 29, 2022, the City Manager rendered her order finding that Stunnas did violate Section 20-3.6(V) at least 3 times in a 90-day periodand that she had authority to revoke the BTR/business license. However, the decision stated that she was withholding adjudication provided there were no more code violations and provided Stunnas paid all the fines and fees owed to the City. The decision stated that if the conditions in the order are not met, the City Manager will then make a final adjudication based on the evidence presented at the Show Cause hearing. While Stunnas complaints that the City Manager does not have authority to refuse to issue Stunnas’s BTR unless Stunnas pays all its fines, Section 13-17 of the City’s Code prevents the reissuance of a BTR until all money owed to the City has been paid. It provides: Any person being delinquent in the payment of any assessment, taxes, fees, or any moneys due unto the city shall, as a prerequisite to the reissuance of a business tax receipt, be required to pay any assessment, taxes, fees, or sums of money of any nature whatsoever due unto the city before the aforesaid business tax receipt will be reissued by the authorities of the city. This requirement shall pertain to any assessment, tax, fee or charge due for services rendered the 6 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Page 5 of 5 premises occupied by such business or any fee, tax or assessment or charge of whatever nature required for services rendered the aforesaid business location, but the same shall not impair any obligation on the part of the property owner to pay any sums due onto the city by virtue of fees, assessments, taxes or charges in this section shall be deemed to require the good standing of any business within the city limits prior to its being qualified to conducting business therein. [Emphasis added] On July 29, 2022, Stunnas filed a notice of appeal to the City Commission from the City Manager’s June 29 decision. The appeal was scheduled for and heard at the August 16, 2022, City Commission meeting. After hearing argument of counsel for Stunnas and the City, Mayor Philips and Commissioner Liebman both made note of the fact that the City Manager was going out of her way to avoid revoking the business tax receipt. Ultimately the City Commission voted unanimously on Resolution No.: 093-22-15846 to affirm the decision of the City Manager. On September 15, 2022, Stunnas filed its Petition for Writ of Certiorari (the “Petition”) seeking review of Resolution No.: 093-22-15846. Now, Stunnas is seeking to stay the enforcement of the City Manager’s June 29th decision. The motion should be denied because there is no legitimate basis for the petition for certiorari once all the facts are known. 7 74411 THE CITY OF PLEASANT LIVING Office of the City Manager October 14, 2021 Gabriel Varona Managing Member Stunna's Fit ~LC 6600 SW 62 Av South Miami, Florida 33143 RE: Order to Show Cause Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1.7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; 74512 (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, November 8, 2021 at 10:00 a.m., in the City Manager's conference room at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiamifl.gov 74613 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 74714 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincerely yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiarnifl.gov 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 1/7 Re: Stunna's Fit - Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Mon 4/18/2022 11:56 AM To:Johanna Vega <jvega@almazanlaw.com>;Teal, Kyle B. <kyle.teal@bipc.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc:dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma 75015 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 2/7 Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request   EMAIL RECEIVED FROM EXTERNAL SOURCE June 1 and 7 is ok with Consolidated. Thanks  Johanna  Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvega@almazanlaw.com From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, April 15, 2022 4:02:46 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request   SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good afternoon – for the Stunna’s parties, we are available on June 1st, 7th, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 75116 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 3/7 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 75217 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 4/7 Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon, 75318 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 5/7 Our office represents Consolidated, the property owner.  We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna’s and Consolidated.  April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial.  Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and please advise the new date for the hearings.  Please advise if you have any questions. Thanks, Johanna     Johanna Castellon Vega | Attorney                                  Almazan Law LOGO  7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: npayne@southmiamifl.gov Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com> Subject: Stunna's Fit - Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stunna’s Fit. Regards, Kyle 75419 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 6/7 Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kyle.teal@bipc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Hrg on Order to Show Cause re Revocaon of business license [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your 75520 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 7/7 long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 75621 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/6 Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Tue 6/7/2022 3:16 PM To:Johanna Vega <jvega@almazanlaw.com>;'Teal, Kyle B.' <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc:'Gabriel Varona' <varona305@icloud.com>;'Ben Fernandez' <bfernandez@silvasilva.com> 31 attachments (25 MB) Let G. Varona & Consolidated - Stunnas signed Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf; 21-00122 CO 5_20220531160856.pdf; 21-00122 Exh C.1 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity .pdf; 21-00122 Exh C.2 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity Amended .pdf; 21-00177 CO 5_20220531161345.pdf; 21-00177 Exh B - NOCI 21-00177 (Vio. Date 2021-02-12) CB Outside .pdf; 21-00179 CO 5_20220531161243.pdf; 21-00179 Exh. C - NOCI 21- 00179 (Vio. Date 2021-02-20) JM & Police Outside.pdf; 21-00180 CO 5_20220531161446.pdf; 21-00180 Exh C - NOCI 21-00180 (Vio. Date 2021-03-06) JM Outside.pdf; 21-00226 CO 5_20220531161622.pdf; 21-00226 Exh C - NOCI 21-00226 (Vio. Date 2021- 05-29) Idling.pdf; 21-00227 CO 5_20220531161733.pdf; 21-00227 Exh C - NOCI 21-00227 (Vio. Date 2021-05-31) VW Outside.pdf; 21-00230 CO 5_20220531161838.pdf; 21-00230 Exh C - NOCI 21-00230 (Vio. Date 2021-06-05) Outside.pdf; 21- 00231 CO 5_20220531162023.pdf; 21-00231 Exh C - NOCI Outside VW 21-00231 (Vio. Date 2021-05-06).pdf; 21-00232 CO 5_20220531162140.pdf; 21-00232 Exh B - NOCI No. 21-00232 (Vio. Date 2021-06-07) CB Outside .pdf; 21-00233 CO 5_20220531162244.pdf; 21-00233 Exh B - NOCI 21-00233 (Vio. Date 2021-06-14) CB Outside.pdf; 21-00251 CO 5_20220531162557.pdf; 21-00251 Exh B - NOCI 21-00251 (Vio. Date 2021-07-02) CB PODs.pdf; 21-00308 Exh C - NOCI 21- 00308 (Vio. Date 2021-05-29) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-00310 2021-07-26 NOCI 21-00310 re Bus idling Sec. 15-82.1 Stunna2.pdf; 21-00310 CO 5_20220531162341.pdf; 21-00310 Exh C - NOCI 21-00310 (Vio. Date 2021-07-26) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-000317 CO 5_20220531162454.pdf; 21-00317 Exh 21-00317 B.1 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Stunna's.pdf; 21-00317 Exh B.2 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Varona.pdf; Attached is the original notice for the hearing that has been continued on numerous occasions at the defendant's requests and that will be heard on June 20th. Also attached are the certified copies of the Special Magistrate's orders that are referenced in the Notice of Hearing and the citations referenced in those orders. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- 75722 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 2/6 mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Tuesday, June 7, 2022 11:48 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; 'Teal, Kyle B.' <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: 'Gabriel Varona' <varona305@icloud.com>; 'Ben Fernandez' <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251   EMAIL RECEIVED FROM EXTERNAL SOURCE Good morning Mr. Pepe, Please send copies of the notices and citations that will be heard on June 20, 2022 at 9:30 am. Thanks, Johanna     Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Johanna Vega Sent: Wednesday, June 1, 2022 10:06 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Thank you for your response.   Yes, you did not receive an email from me with Consolidated’s availability, but the City received Kyle’s email which contained both Stunna’s availability and Consolidated’s availability.     Please provide copies of the notices for all matters being heard on June 20 at 9:30 am. Thank you, Johanna       Johanna Castellon Vega | Attorney                                  75823 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 3/6   7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 10:00 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * While I don't agree with your assessment of the facts since you did not provide a cmiment to any dates in June, the City Manager has agreed to connue the hearing as to Consolidated unl June 20th 2022 at 9:30 a.m. This is the same date and me to which the Snna's Fit hearing has been connued. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Johanna Vega <jvega@almazanlaw.com> Sent: Wednesday, June 1, 2022 9:49:11 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Mr. Pepe, Kyle Teal provided dates for Consolidated’s availability in the email below.  I have highlighted the message for ease of reference.  Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing.   On May 18 you advised that the City Manager had granted “all” one last continuance so long as we provided dates in June – which we did.   I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice.  I have an associate that just resigned and my law partner is traveling on business.  I certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am.    75924 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 4/6 Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna’s only the license revocation issue.   Please advise.   Johanna         Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 9:38 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its aorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granng Stunna's a connuance unl June 20th at 9:30 a.m. There will be no further connuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 76025 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 5/6 EMAIL RECEIVED FROM EXTERNAL SOURCE Good evening, Counsel for Stunnas is available on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is available on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 11:38 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 Contact the city clerk and she will make arrangements to have the hearing burned to a CD or a flash drive. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, May 20, 2022 4:49:21 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com <dwinker@dwrlc.com> Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you. Please send me the video recording of the hearing as soon as possible. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 1:36 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com 76126 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 6/6 Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Order re: City v Stunna's Fit Case No. 21-00251 [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Attached is the order that was rendered today, May 20, 2021, by the Special Magistrate in case no. 21-00251.   Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 76227 Kyle B. Teal 305 347 5912 kyle.teal@bipc.com One Biscayne Tower Two South Biscayne Boulevard Suite 1500 Miami, FL 33131-1822 T 305 347 4080 F 305 347 4089 July 29, 2022 Via U.S. Mail & Electronic Mail Ms. Nkenga Payne City Clerk, City of South Miami 6130 Sunset Drive South Miami, FL 33143 NPayne@southmiamifl.gov Re: Stunnas Fit, LLC Appeal of City Manager’s June 29, 2022 Decision Dear Ms. Payne: Please be advised that this office represents Stunnas Fit, LLC (“Stunnas”). We hereby submit this notice of appeal of City Manager Shari Kamali’s decision, dated June 29, 2022. Please see the attached City-approved appeals form and the June 29th letter we are appealing. Specifically, and for detailed reasons on the record and that will be further provided, Stunnas objects to the City Manager’s decisions expressed in her June 29th letter that purport to, among other things, condition the renewal of Stunnas’ business tax receipt (BTR) on payment of pending fines from underlying code citations – all of which are currently being appealed vis-à-vis this appeal before the city commission, and one of which is concurrently being appealed in Miami- Dade Circuit Court. See Stunnas Fit LLC, et al. v. City of South Miami, case no.: 2022-000035- AP-01. Stunnas also objects to the City Manager’s unauthorized, executive modification of the code in order t o create a rule specific to Stunnas with regard to the City’s potential BTR revocation. Furthermore, please ensure the accuracy of the seemingly pertinent code provision found on Municode.com and please confirm that it governs this process: Sec. 13-27. - Appeals. (a)An appeal to the city commission may be filed with the city clerk upon a form prescribed by the city clerk. An appeal must be filed within thirty (30) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s). 76328 Stunnas Fit LLC Appeal to the City Commission July 29, 2022 Page 2 _______________________________________________________________________________________________________________________________________ BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347 4089 (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken or the city manager certifies to the city commission, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's or the city manager's opinion, cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. (c) If certification occurs in accordance with subsection (b) above, proceedings may not be stayed, except by a restraining order, which may be granted by the city commission or by a court of record on application, on notice to the officer from whom the appeal is taken, or the city manager and on due cause shown. (d) The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing such appeal, and shall provide due notice of the appeal to the parties. (e) The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. (f) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of this chapter relating to business tax receipts, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done. (g) The city commission shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. (emphasis added). Please advise as to when we can expect to be placed on the commission’s agenda. Thank you for your attention to this matter. Sincerely, Buchanan Ingersoll Rooney PC cc. Johanna Vega, Esq. and Richard Asfar, Esq. Thomas Pepe, Esq., Shari Kamali, and City Commission 76429 THE CITY OF PLEASANT LIVING Code Enforcement Division 6130 Sunset Dr., South Miami, FL 33143 Ph: (305) 663-6335 Fax: (305) 666-4591 Email address: Code@southmiamifl.gov REQUEST FOR APPEAL Date: NOCINo. ---------------------- CCINNo. Appellant's name and address: Phone: ----------------- Fax: Email: ----------------- Violation address: Reason for appeal: All appeals submitted by occupants/tenants shall be authorized by property owners. Property Owner's Signature For office use only: Violation corrected:· yes Y nby Payment received: yesY no Y ~equest approved: Appellant's Signature Notice received date: ------------.,.....,:......,~- Appeal received date: _______ ~ Appeal received by: _____ -'-'-~_ yesY no Y (*) You may appeal the civil fine to the CE Special Magistrate in writing within 20 calendar days from receipt of civil intraction notice (NOCI). W:\OFFICE SUPPORT DOCUMENTS\Forms\Req For Appeal.doc July 29, 2022 Stunnas Fit LLC c/o Kyle B Teal, Esq. Buchanan Ingersoll & Rooney PC 2 S. Biscayne Blvd. Suite 1500 Miami FL 33131 305-347-5912 kyle.teal@bipc.com 6600 SW 62 Ave. See City Manager's June 29th Letter attached See cover letter and City Manager's June 29th Letter attached. /s/ Kyle B Teal/s/ Richard N. Asfar Esq., FBN 68154 (as counsel for landlord for limited Consolidated Research & Planning Corp. for the sole limited purpose of authorizing tenant to pursue this appeal) 76530 76631 June 29, 2022 Gabriel Varona Managing Member Stunnas Fit, LLC 6600 SW 62 nd Avenue South Miami, Florida 33143 Consolidated Research And Planning Corp. Michael Miller 6796 SW 62 nd Avenue South Miami, Florida 33143 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER RE: Hearing on Order to Show Cause Property Address: 6600 SW 62 nd Avenue, South M i ami, FL 33143 Dear Mr. Varona, Please find my determination following the Order to Show Cause Hearing held on June 20, 2022, .outlined below. I have considered all evidence presented as well as arguments and objections of all counsel involved. Background and Evidence Considered On October 12, 2021, and March 23, 2022, you received letters from my office scheduling a hearing in order for me to determine whether to revoke Stunnas Fit's Business Tax Receipt/Business License (BTR) pursuant to the City's Code. Following numerous requests for continuances requested by your attorney, the hearing was held on June 20th at 9:30 AM in the City Hall Commission Chambers. You were given the opportunity to present evidence and your argument as to why Stunnas business license should not be revoked. Prior to September 7, 2021, Section 13-16 of the City's Land Development Code read in pertinent part: The business tax receipt of any person for the operation of any business may be revoked by the city manager at any time, upon notice of violation of any of the provisions of the land development code or ordinances of the city; applicable 76732 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER provisions of the county code; laws of the state; violation of the terms and conditions of any development permit, covenant, public restriction, or waiver; or for any other good and sufficient reason. On September 7th, the City Commission amended the Land Development Code, making it more beneficial for business owners, and adding conditions to be met prior to the revocation of a businesses' BTR. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR} or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period oftime and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked ; (ii)The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. The record clearly reflects that Stunnas Fit, LLC committed four (4) violations within a 90-day period (February 12, 2021; February 20, 2021; March 6, 2021; and March 31, 2021). Additionally, Stunnas Fit, LLC committed seven (7) violations within a 90-day period of time from IVlay 2021 to August 2021 (May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021; and August 24, 2021). For each of the aforementioned violations, on September 24, 2021, the Special Magistrate issued orders finding, by competent substantial evidence, that Stunnas Fit, LLC violated the City's Code. Final Determination and Additional Notes/Considerations Based on the City's Code, revocation of Stunnas Fit's BTR would be well within my right as City Manager. However, in an effort to work with you, as a business that is within the City and has shown a commitment to community service, and in hopes that Stunnas Fit will move forward in 76833 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER compliance with all sections of the City's Code, I will withhold my final ruling to revoke Stunnas Fit, LLC's BTR at this time. It is important to note that after the date of this letter, if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas Fit's BTR without any further concessions or considerations. Furthermore, Stunnas Fit has been put on notice, on at least one occasion (Courtesy Notice of Civil Infraction Citation No. 21-00181, dated March 30, 2021) that it was operating in a manner not in compliance with the restriction on its BTR, which states that operating hours are limited from 6:00 am to 7:00 pm. Despite the notice, it appears that Stunnas continues to advertise a 5:45 am class on its website and operates prior to 6 am. Immediate correction is required, or a citation will be issued. Additionally, Stunnas Fit, LLC will be required to pay all the outstanding fines levied by the Special Magistrate, prior to the issuance of its BTR renewal. The fines will not be negotiated to a lesser amount. Sincerely, ~~~- Shari Kamali, ICMA-CM City Manager City of South Miami 8/11/22, 3:13 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAO5blRR18082u0CY38%2B9A3k%3D 1/1 Stunnas Fit, LLC Appeal Hearing Payne, Nkenga <NPayne@southmiamifl.gov> Mon 8/8/2022 4:14 PM To:Teal, Kyle B. <kyle.teal@bipc.com> Cc:Pepe, Thomas F. <TPepe@southmiamifl.gov>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Lyman, Chance <chance.lyman@bipc.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Ric Asfar <rasfar@almazanlaw.com>;Johanna Vega <jvega@almazanlaw.com>;Carlos Silva <CSilva@silvasilva.com>;Ben Fernandez <bfernandez@silvasilva.com>;Maria Corghi <MCorghi@silvasilva.com>;Gabriel Varona <varona305@icloud.com> Good Aernoon, Aached please find noficaon of appeal hearing at our next City Commission meeng on Tuesday, August 16, 2022. Thanks, Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 (305)663-6340 office (305)663-6348 fax npayne@southmiamifl.gov www.southmiamifl.gov Please note: The state of Florida has a very broad public records law. Written communications, including emails, are therefore subject to disclosure to the public and media upon request. 76934 77035 August 8 , 2022 Via U.S . Ma il & Electronic Mail Ky le B. Teal, Esq. Buchanan [ngersoll Rooney PC One Biscayne Tower ~ ' sot,,, \.._ .'l -,,. .-✓ -.,, U I :: . . '· ~ . Two South Biscayne Boulevard , Suite 1500 Miami FL 33131-1822 Kyle .teal@bipc.com RE: Stunnas Fit, LLC Appeal of City Manager's June 29, 2022 Decis ion Dear Mr. Teal , The C ity of South Miami is in receipt of your July 29 , 2022 notice of appeal of City Man ager Shari Kamali 's decision of June 29, 2022. As per t he City of South Miam i 's Code of Ordinance Sec. 13-27 -Appeals , I'm notifying you that our City Commission will hear this appeal at the August 16 , 2022 City Commission meeting . Si ~,~ Nkenga A. Payne CMC, F CRM C ity C lerk cc: T homas Pe pe Esq. City Attorney Shari Kamal i, City Manager South Mi ami txo,11 ii[P 2001 6130 Sunset Driv e South Mi a mi , Florida 331 43 -5093 • Te l: (3 05 ) 663-6340 • Fa x: (3 05 ) 66 3-63 4 8 www .s outhmiamifl.g ov 77136 .. MIAMI -DADE STATE OF FLOR IDA COU NTY OF MIA MI -DADE: Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she Is the LEGAL CLERK , Legal Notices of the Miami Da ily Business Review f/k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper , published at Miami in Miami -Dade Co unty. Florida ; tha t the attached copy of advertisement , be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16 , 2022 Jn lhe XXXX Court, was published fn said newspaper by print in the Issues of and/or by publication on the newspaper's website , If authorized , on 08 /05 /2022 Affiant further says that the newspaper comp li es with all legal 101 publication in chapter 50 , Florida e this 5 . A.O. 2022 ~~ {SEAL) MARIA MESA personally known to me ,, ....... ,, "'--·"ARA i' 'Ol "$ ~>/'\"•~• <:-JI.., 1l ,r,n //'A'\ \ Commission # HH 187442 l~J.~-i! Expires November 2, 2025 ·•!,~kr,f.;?.°!:·· 8ood1d Thill Troy Fm Insurance B00-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'i/3056636338 and participate. At a min imum, at least three members of the City Commission will be physically present in the City Commi ssion Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on T11c~ Au,,,_,,,ust..._,1"'6,...,.,=,,._,,_,...,_,_,"'--'= io cons ider the fo_llowing public hearing item{s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution ~lating to the appeal filed by Stunnas Al LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 77237 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present e,iidellcear ynu are 11~1&.te use ~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h : www.s.Q.uthrnjamifl . ov/580/Public-Meelin s-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum 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 : ·- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision 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 requ ired 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 , activity 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. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 77338 1.00~- 19-Mon th CD Specia l $500 Minimum 2.00~- 29-Month CD Specia l $500 Minimum 2.50~- 39-Mont h CD Specia l $500 Minimum 3.00~- 59-M onth CD Spec ial $500 Mi nimum Th e best CD rates aren't just on lin e. Th ey are at yo ur neig hb orh oo d Third Fede ral , too . Wi th co nve ni ent loca ti ons to serve you, ca ll or vis it us today . Sa me great rates avai lab le in -b ranch and at www.t hir dfede ral.co m. ThirdFederaI SAVIN GS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Rato n I 56 1-347-7433 • Delray Beac h I 56 1-637-6 469 Greenacres I 561-964-6660 • Nort h Palm Beac h I 561-63 0-6488 Cora l Sprin gs I 95 4-3 40-4032 Member FDIC Halland ale I 95 4-457-2 488 Plantat ion I 95 4-472-6039 IIH.GU0,..151UANSl{I fOUNOflS "A nn ual Percentage Yi eld (A PY) is accurate as of 7 /29/22. Minimum deposit of $500 to open and earn stated APY. Deposits over $1,000,000 subject to review. CDs subject to penalty for early withdrawa l . An early w ithdrawa l may reduce earn ings. Offers an d rates subject to ch an ge at any time. Funds insured according to FDIC insurance req uirements. ©2022 Thi rd Federal ~ VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida : Hearing #2022-0913-1. Crimson Ibis, LLC (Owner}, and Lou Campanile, Jr . (Applicant} are requesting approval of a preliminary subdivision plat ("Crimson Ibis"} for the division of property and creation of two {2} single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU-1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area. Interested parties are invited to appear in person or virtually and be heard -Visit www .pinecrest-fl .gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305 .234.2121, via e- mail at planning@pinecrest-fl .gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file . Refer to the Hearing Number when making an inquiry . In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234 .2121 not later than seven business days prior to such proceeding . Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing , that person will need a record of the proceedings and , for such purpose, 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 (F.S. 286.0105). www.pinecrest-fl .gov Priscilla Torres , CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus , the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https:/ /zoom.us/j/3056636338) and participate. At a minimum , at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday, August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program . A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked . An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application , supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 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 , activity 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, FCRM City Clerk '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 . *** Vanan Online Services 1 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 File Name: 20220620Stunnasmeeting.MP3 Number of Speakers: 5 Length of file: 00:53:26 Audio Category List volume, accent, N/N speakers. N/A Any Comments [e.g. times of recording not needing transcription, etc. e.g., off the record conversation] Verbatim: No Time codes: No N/A Any Problems with Recording [e.g., background noise, static, etc. Unusual Words or Terms: Must be completed [e.g., abbreviations, Company Names, Names of people or places, technical jargon Transcriber VIN: N/A QA/QC VIN Comments 87239 Vanan Online Services 2 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: We are ready whenever you are. Mr Till: Okay, how would you like to begin? City Attorney: I tell you what, why don't I start off and just introduce the exhibits, the notice of hearing the correspondence of the continuances to this date and the special magistrate's orders Judge: So would you like to be sworn in right now? City Attorney: Yes, I think everybody should be sworn in who's going to be testifying as to any exhibit and I since I will, I'll be sworn in and anybody else going to be testifying. Mr Till: We don't plan to have any testimony. City Attorney: Okay. All right. Judge: Okay. So do you swear or affirm? Shall it be the whole thing? City Attorney: Yes. Judge: That the testimony you're about to give is the truth and nothing but the truth. City Attorney: I do. Unidentified Speaker: Okay. City Attorney: All right, this. This is a show cause hearing. A notice to show cause was issued on March 23rd, 2022. It was a letter signed by the city manager. I'd like to introduce that as exhibit one. Do you have a copy? 87340 Vanan Online Services 3 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: I do. All right. No objection. Judge: Thank you. City Attorney: Next is Exhibit… City's Exhibit two, which is correspondence concerning resetting the hearing at the end of the settlement negotiations that terminated on February 16th 2022. You need a copy of that? Mr Till: Sure, oh this is the original. City Attorney: Let me give you a copy of the copy. Judge: Thank you sir. City Attorney: Do you have any objection? Mr Till: No objection. City Attorney: Next is the city's exhibit three, which is an email exchange ending in April of 15, 2022, in which the city was advised that the city could set a hearing, set this hearing as continue to any of the dates. June 1st. June 7th, or the 8th. Judge: Thank you. Mr Till: No objection. 87441 Vanan Online Services 4 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Next is an email exchange ending on May 18th, 2022, in which the hearing was scheduled for June the first. That's exhibit four, in other words, city picked June 1st. Any objections? Mr Till: No objections. City Attorney: Next is exhibit five and six. An email exchange, setting the record, resetting the hearing at your request, at the defendant's request to June 20th, which is today. Mr Till: No objection. City Attorney: Next is exhibit seven, which is an email from Mrs. Vega to me, dated June 1st, 2022, advising that she was available on June 20th for this hearing. Ms. Vega Do you have any objection? Mrs Vega: No, sir City Attorney: Mr Till? Mr Till: No. City Attorney: Next. I have a composite exhibit which are all of the special magistrate's orders regarding all of the violations listed in the city's exhibit one, which is the March 23, 2022 notice to consolidated and Stunnas Fit ordering them to show cause why Stunnas’ business tax receipts should not be vacated or revoked, Let me just put them there, And let the records reflect that I am supplying copies of these to Mr. Till, Mrs. Vega advised that she has already seen this in an 87542 Vanan Online Services 5 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 email in which I submitted to her. Till do you have any objection to them being introduced into evidence as city’s exhibit eight? Mr Till: No objection. City Attorney: Mrs. Vega? Mrs Vega: No objection. City Attorney: And that's the end of my presentation. Mr Till: Okay, can I turn my microphone on? City Attorney: No, I think we can hear you. And you're being recorded, is that recording working? Judge: Yeah. City Attorney: Okay. Mr Till: Hey. Good morning, Kyle Till. For Stunnas Fit LLC and Mrs Vega is here on behalf of the landlord. And of course, Mr. Gabriel Verona is my client representative. Couple of items in objection that we did not want to raise at the outset: number one, the letter that’s titled order show cause that’s dated March 23rd, 2022. I believe that is city exhibit number one purports to quote a section of the city code that permits you, Mr. Kamali, the city manager, to revoke your business license in the event that three or more violations accrue within a certain period of time. 87643 Vanan Online Services 6 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 The Code section cited which is 20-3.6 v7. I can't find it; it doesn't appear to exist on Uni code, if I have that wrong, please tell me otherwise. City Attorney: Yes. I'm showing Mr. Till a copy of Ordinance 19-22-24 of nine that was enacted on September the 7th, 2021. Which does have that provision in it, and I would like to introduce that into evidence City's Exhibit nine. I would also like to introduce into evidence the screenshot on that day of Mr. Verona at the meeting on September 7th, 2021, Like the interview that as City Exhibit ten. Mr Till: I also object the basis of …not really sure what this meant imply or what it is meant to indicate, but I don't even know if this was at the time in the agenda when this was being addressed, presumably it is to show that you had notice of the existence of this cooperative. But there's no way to verify that. I'm not sure why it's being introduced. You're [inaudible] that you handed me is a pretty long document. Is there a page number that you can give me that actually has the [inaudible]? City Attorney: Yes, page 13. Let me see… and verification is a provision that starts at the bottom. It's sub paragraph B I think b or h what is that? Judge: It’s B Mr Till: Is there a reason this hasn't been updated in the online iteration of the city's code? City Attorney: It's my understanding that it takes some time, and I did speak with the city clerk and she said she's working on updating the online version. 87744 Vanan Online Services 7 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Well, we didn’t submit that, because we were not able to review, and analyse that that code provision in this current iteration of the city's code that our due process rights have been violated for that reason. Assuming that the code of provision is part of the city code at this time for the sake of argument, assuming that we've been provided adequate notice, we object on procedural, substantive grounds to two of the code provisions that are relied on for purposes of this hearing, specifically sections 23-70B and 20-1.7 as for 20-1.7 concerning the storage pods the subjects have been removed from the property. Please note that on Saturday, June 18th, we have filed our notice of appeal of the May 20th orders, which Stunnas was found guilty of violating that section of the city's land development code. So until that challenge works its way through the appellate courts, that order is being contested and cannot be relied on for purposes of today's hearing. That would be premature to our position. As for Section 20-3.6b, as you're aware, the city commission has amended that code provision, and I was aware of that amendment such that it no longer prohibits running outside as a commercial activity, so we would submit that those violations at this time be removed due to the city code amendment. Finally, after reviewing the city's charter, it's clear that it does not empower the city manager to unilaterally decide whether to revoke a business license, Considering that all city officials’ roles and duties are derived and expressed in that critical document, it's our position that the code provision granting the city manager with such power violates the city's charter and affects additional violation of my client's due process rights, Unless my colleagues have anything to add those are our objections to today's proceedings, We request that the city manager rule that Stunnas Fit be permitted to continue operating its business in city south Miami. Thank you. 87845 Vanan Online Services 8 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mrs Vega: Only thing. The only other thing I would add is that on inequity analysis, there are no current violations on the property. Therefore, we would request that the business be permitted to continue to operate and the denial of revocation of the business license. City Attorney: Anything further from that? Judge: That’s it, any further? City Attorney: City would call Mr. Verona? Mr Verona: Yeah City Attorney: I am calling you to testify, Mr. Verona, did you swear him in? Judge: Yes. Mr Till: I will just object on the record just because we didn't have any notice, any witness list or anything, any advance notice that anyone is call. City Attorney: This is rebuttal. Go ahead Judge: Okay. Let me swear him in. Do you swear or affirm that the testimony you're about to give is the truth and nothing but the truth? Mr Verona: I do yes. City Attorney: Mr. Verona, when this ordinance was amended on September the 7th, 2021, were you present at that time? 87946 Vanan Online Services 9 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Verona: I remember. City Attorney: Pardon me? Mr Verona: I remember; I know what we are talking about. City Attorney: Say what's been heard? Mr Verona: I have that picture in front of me. City Attorney: Pardon me? Mr Verona: I have that picture in front of me. City Attorney: Oh, you do? All right. Is that you? Mr Verona : Yes. City Attorney: And what is the day? Mr Verona: On this paper? City Attorney: Yes. Mr Verona: It's 9-7-21. City Attorney: I'm going to show you the graphics recording of the September 7th meeting. [Plays recording] Mr Till: Let the records reflect it’s 9:47 pm. [Recording continues playing] 88047 Vanan Online Services 10 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: Mr City Attorney, are you on the guest Wi-Fi? City Attorney: I'm using city Wi-Fi. Judge: Guest? City Attorney: Yeah [Recording continues playing] Mr Till: Are we going to watch this whole thing? Are we watching the whole video because we’re going to stay here the whole night? City Attorney: Well, if you need to because it's going to get to testimony called testimony or comments. Mr Till: Okay, then why don’t you just fast forward because of now we're going to watch the video. City Attorney: Alright, I just wanted to be sure that’s fine. Mr Till: They're looking for a very difficult comment. City Attorney: Do you remember the time? Mr Till: Maybe 7:52 p.m. let the record reflect the discussion about this amendment occurred between 9:46 and 9:53, 2 hours after Mr. Rona spoke at the meeting. [Recording continues playing] Mr Till: You are looking for [inaudible?] 88148 Vanan Online Services 11 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Yeah. Mr Till: It’s got to be 2 hours, 2 hours before the start of the meeting. 7:52. For purposes of a transcript, would you stipulate to removing this different segment of the meeting that we're hearing that are relevant to the agenda item That's an issue. Judge: Sure Mr City Attorney: Sure Judge: City Attorney, is it possible it was part of public comments? City Attorney: Yeah, that's possible. Here you go. Mr Till: Should we go over the three minutes? [recording playing] Yeah, we'll stipulate that's you, right? Mr Verona : That's me. Mr Till: And this is. 7:52 pm,? Mr Verona: Yeah Mr Till: 2 hours before the agenda item was discussed. Mr Verona : Okay 88249 Vanan Online Services 12 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Well, I want to play and I want to introduce where he actually said that he was there about this… about the item that has passed concerning outside activity 20-3.6. sub paragraphs of B, you stipulate that fact? Mr Verona: No, I don't… I've been there a hundred times I don’t even know what specific, I said I spoke facts there, so. City Attorney: Alright, this is the beginning of the video which Mr. Verona gives his comment [recording plays]. Mr Till: No, you’ve got to go forward. [Recording plays] It's like he was wrapping it up, was there a lot more? City Attorney: No, [inaudible] we are going to have to take that for as well and introduce as well. Mr Till: I didn't hear anything that discusses city managers’ rights, revoking business licenses, anything that would indicate that he's aware of that particular amendment. Judge: Anything else, Mr. City attorney? City Attorney: Yes, I'd like to introduce his rebuttal evidence to the comment that Mrs. Vega made that, no, that there have been no other violations. I'd like to introduce a complete affidavit submitted by Mr. Melian on 6-17-2022 concerning a violation on December 24th, 2021 of outside activity at the gym. 88350 Vanan Online Services 13 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Objections haven't been heard by Special Magistrate; it hasn’t been adjudicated. We haven't gotten notice of a hearing or anything related to this affidavit or its purported violations, objected to its inclusion as an exhibit. City Attorney: I would like to introduce it as the next city exhibit. I think that might be 11. Mr Till: In a symbolic image. Can we get confirmation of whether or not we want to admit these documents as evidence? Judge: I really have to go and look at these videos. I need to review exactly with his signed affidavit, and then I can respond to you. At this point, I really don't recall specifics videos that this relates to the issue. City Attorney: And I'd like to introduce the videos that are referred to in the complaint affidavit I just introduced. Mr Till: And the same objection. City Attorney: Is exhibit 11. Mr Till: Same objections. Judge: This is from December? City Attorney: December 24th. Judge: 9:44 a.m. Correct? 88451 Vanan Online Services 14 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: That began at 9:44 yes. Judge: Is that the only one? City Attorney: Yes, there's another one, this is at 9:45, same day, Judge: Okay. City Attorney: Then the third one at 9:47, same date, December 24th, 2021. Mr Till: Same objection hasn't been noticed. It hasn't been adjudicated. Assuming that this code provision that you've discussed today is active and enforceable in the city of South Miami, it talks about three violations of this subsection, that those claims that have been heard happen to be a violation, I’m going to strike this from the record. City Attorney: And I moved to introduce these three videos into evidence as rebuttal to the comment that there were no further violations after the violations referred to in the March 23rd, 2022 notice to show cause by the business license of Stunnas should not be revoked. Mrs Vega: I would also object that none of these videos were provided before this hearing we received. I specifically asked Mr. Baker to provide everything that was going to be heard at the hearing and to provide copies of every violation, every notice for that same reason. We did not receive copies of any of these videos that are being shown today as a basis or as additional evidence that's being presented, There's been no notice. We haven't had the opportunity to review this rebuttal it, address it, It would be improper to use it as evidence in support of this hearing. 88552 Vanan Online Services 15 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is rebuttal evidence. Mr Till: same objection. City Attorney: I would also like to introduce evidence that the business has been operating at a time earlier than allowed by its business tax receipts. Judge: Mr. City Attorney, just to confirm, So they never got a notice of that video from December 24th? Correct. City Attorney: Oh, I believe they did. I believe that they got a copy of the video. I'll have to double check that. I believe that they got a copy of it at the time and that we notified them that we were not going to continue settlement negotiations. Mr Till: I also asked. Mrs Vega: No, we're going to need clarification. We're going to need certain evidence as to when that was provided. It was not provided, and it certainly wasn't provided prior to this hearing when we requested twice that all evidence that was going to be heard at this hearing be provided to us. So when prior to this hearing, when we reviewed the exhibits that were introduced at the commencement of the hearing, we both agreed and didn't object to the entry of that evidence because it was adequately provided and reviewed by all of this. Additional evidence was never sent, not via email, not via mail, and has never been presented. So it would be improper evidence even at rebuttal, it would be improper evidence to use as a basis for the revocation, which is an extreme remedy that seeks to terminate the business license of Stunnas Fit. 88653 Vanan Online Services 16 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is again Mr Till: same objection. City Attorney: …This again is rebuttal. We were never advised that Stunnas Fit or consolidated was going to claim that they have not violated the city's code since the March 23rd 2022 Notice to show cause we served on them So this is to show that that's not true. Mr Till: Where are the court citations that were issued for these purported violations where the orders of these reported violations? City Attorney:And then this,, Mr Till: the reported violations… City Attorney: Well, operating outside the business, you know, you've already gotten, I don't know, numerous citations for that. You've gotten courtesy notices at the very beginning telling you can't do that, and you've got several special magistrate orders that found you in violation for operating outside the business So, you know, you can't operate outside the business showing that you continue to operate outside the business, You continued to violate the code in numerous other ways. Contrary to the statements that have just been made for the first time, that Stunnas Fit is, has been complying with the code next, I would like to introduce. Mr Till: You are asking that these purported code violation charges be heard now, today? City Attorney: No, no I'm just rebutting what was said by Mrs. Vega. Next… 88754 Vanan Online Services 17 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: And you want Mr. Walton, manager to rely on this as evidence? City Attorney: She's not going to… Mr Till: As evidence for revoking the business licence? City Attorney: It is as evidence in rebuttal of the statements made by Ms. Vega that there have been no further violations. Mr Till: Okay. City Attorney: Next. exhibit will be a courtesy notice of infraction. Number 21-00181. Judge: I'm sorry 21-00? City Attorney: 181, Advising, consolidated and Stunnas Fit that they have to stop operating the business before 6 am. Judge: And the date on this? City Attorney: What exhibit will that be 12? Judge: No, date, that is exhibit 11. City Attorney: It was, the date of the violation was March 30th 2021, the date of the issuance was May 21, 2021, [inaudible] and the timing, That particular one concerned the service, Mr. Verona which he refused to accept the citation. And then the next exhibit Judge:12? 88855 Vanan Online Services 18 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: is the same courtesy notice but issued to Mr. Miller and consolidated. As next exhibit I'd like to introduce. The Business License of Stunnas Fit for 2021, which shows restricted hours 6 a.m. to 7 p.m. on the next exhibit.,,, next exhibit is a complaint from Mr. Max Cooper concerning operating earlier than 6 am, actually as early as 5:13 am. Mr Till: Same objection. City Attorney: The next exhibit is a printout from Stunnas Fit website showing that he is advertising for Stunnas fit trainer activity at 5:45 a. to 6 am. Mr Till: Same objection strike from records. City Attorney: Then, that's the end of my rebuttal evidence. Thank you. Mr Till: City’s exhibit number one, the March 23, 2022 order to show cause letter from Mr Kamali to this business owner and his property owner cites three code provisions expressly Section 20-3.6B, section15-821 and Section 20-1.7. That's it. That is all that is cited. That is all that my client had notice of and that is all that we're here today to discuss. And that is all under the law and under principles and due process that Mr Kamali can considered when weighing whether or not to revoke Stannas’s business license that’s it. I move to strike all the other documents, videos, everything else that was put before you and restricted for the record as a violation of due process and is utterly irrelevant to these proceedings, thank you. Mrs Vega: I would just add that the list of violations are also on exhibit one on page two of the list of violations are listed by date. And that's what we’ve received in anticipation of this 88956 Vanan Online Services 19 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 hearing. with each violation with specific dates, all of the additional rebuttal evidence that was presented is not listed on the letter , Again, there was no notice, none of the violations or notices for that matter were provided, And to the extent that there have been that they are deemed complaints, there has been no finding of fact or a law that deems that those complaints are actual violations. So to the extent that the city is going to use it as evidence, it would not be proper evidence because, again, there's been no findings, there's been no hearing, there's been no order on those complaints, So we would move to strike it and request that the revocation of the business license be denied and permit the business to continue operating. Judge: Anything else? City Attorney: Nothing further from the city. Judge: Anything? I'm going to look at the evidence. I'm going to go back and look at my letter. I'm going to go back and read the charter to make sure what authority do I have and I will respond in writing within ten business days, is that okay? Mr Till: Thank you. Mrs Vega: Thank you. City Attorney: Just make sure you have all the exhibits. Judge: I do, I do, I put them in order. City Attorney: Okay. 89057 Vanan Online Services 20 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge :So here, Yes, everything is here City Attorney: Cause there going to.. 89158 774 City's Exhibit 1 59 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 202 I, the Special Magistrate who bears code enforcement cases for the City of South Miami issued an order finding , by competent substantial evidence, that Stunna's Fit , LLC ("Stunna's") violated Section 20-3.6(V) _g f the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section ) 5-82.1 o.f the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20 -1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami Florida . In each of these cases , Stunna's was first iss ued a notice of violation, without a fine and as a warning . Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 77560 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing ifthere have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (I 0) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four ( 4) violations thf were within~ 90-day pe~ Febrnary 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20 ,'2021; March 6, 2021; Maren 31, 2021 , and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 :a.m .. in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305 .663.6338 I southmiamifl.qov 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox www.dropbox.com Mtj EXHI IT a. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 776 City's Exhibit 2 61 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341 -0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTkOMGEtNDEOMSO4NTMLWMMz03NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 2/17 77762 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox 4-1 A,411-www_dropbox.com https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTMLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 77863 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL. SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 2/17 77964 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Teal, Kyle B. Sent: Friday, January 28, 2022 4:34 PM To: 'Pepe, Thomas F.' <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good afternoon, Attached please see our proposed (and hopefully final volley of) revisions. I've been in touch with counsel for Consolidated who may have proposed revisions as well, but I wanted to get you our thoughts ASAP in good faith. As the draft reflects, we've agreed to many of the City's substantive revisions. I think it would be helpful to talk about some of these issues — especially the severability paragraph. Please let me know if/when your schedule might allow for a discussion next week. I think we're very close to finalizing this, and a talk would be helpful to understand the logic behind both sides' proposals and would likely moot some of the concerns we may be having. If possible I would also like to get an update on Stunna's permit application to affix the containers. Thank you! Enjoy your weekend. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (in) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Wednesday, January 19, 2022 2:58 PM To: Teal, Kyle B. <kyle.tealftbipc.com>; Shari Kamali <SKamaliPsouthmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LopezPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is your counter proposal with the City's revisions. I have included a comparison between what you sent and this revised proposal. The City Manager has no authority to agree to a waiver of any part of the Land Development Code. Therefore those provisions have been struck. https://outlook.office.com/mail/id/AAC)kADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 3/17 78065 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, January 6, 2022 11:16 PM To: Shari Kamali <SKamalicasouthmiamifl.gov>; Pepe, Thomas F. <TPepsfflsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement R.ECEiVED FROM EXTERNAL SOURCE Thank you, Ms. Kamali. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Shari Kamali <SKamali@southmiamagov> Sent: Thursday, January 6, 2022 9:20 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamiti.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 4/17 78166 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoffibipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good morning, Mr. pepe and I will review and respond ASAP. Thank you Best regards, Shari Kamali, ICMA-CM City Manager City of South Miami Office:305-668-2510 Southkiami From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, January 5, 2022 6:50 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josephfflbipc.com>; Post, Jacob B. cjacob.postl@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement UMAIL, RECEIVED FROM IATFRNAL SOURCE I can confirm there are no further suggested revisions from the landlord's counsel. KT On Jan 5, 2022, at 3:01 PM, Teal, Kyle B. <Icyle.teal@hipc.com> wrote: Ms. Kamali & Mr. Pepe, Please see our proposed edits. The landlord's counsel was reviewing one last final time but I doubt she'll have any major substantive changes. If so, I will let you know right away. Thank you. Regards, Kyle https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUNAMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 5/17 78267 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, January 3, 2022 2:39 PM To: Teal, Kyle B. <kyle.tealftipc.com> Cc: Shari Kamali <SKamalifflsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepii@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement We will wait until Wednesday, January 5, 2022, to see your proposal. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifi.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, January 3, 2022 2:31 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMSO4NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0°/03D 6/17 78368 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph_Pbipc.com>; Post, Jacob B. <jacob.gasi@bipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com >; Teal, Kyle B. <kyle.teal@bipc.com > Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RFC i JvI;D FROM EXTERNAL SOURCF Mr. Pepe, That is incorrect. My client remains interested in resolving this matter with City, as we'd agreed. I only just received the landlord's proposed revisions toward the end of last month (after a lot of follow up). I then took time over my family vacation last week to incorporate, harmonize and circulate (after various phone conferences) the final set of suggested revisions for approval by all interested parties on this side of the matter. With holiday travels plans, I'm not surprised that I haven't heard back from everyone yet, but I fully expect getting the green light to send to you and Ms. Karnali for your review. I could've sent our comments a long time ago but you'll recall I was trying to avoid piecemeal revisions being sent to you from the different parties, which I thought would be mutually beneficial. If the City remains interested in avoiding litigation, I expect to have the final revisions to you no later than Weds, 1/5. If you are nevertheless terminating settlement negotiations on behalf of your client due to the holiday lull, please advise so I can inform all parties. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, January 3, 2022 2:01 PM To: Teal, Kyle B. <kyle.tealftipc.com > Cc: Shari Karnali <SKamalipsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseptjfflbipc.com >; Post, Jacob B. <jacob.postPbipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com > Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement I have not heard from you in a month. I presume that we cannot reach a settlement in this case and we will proceed with the hearing. Please advise me of your availability for the following dates and times: https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwL1/MMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 7/17 78469 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook January 5, 2022, after 12 noon; January 7, 2022, all day; January 10, 2022, all day; January 13, 2022, 9 am to 1:30 pm; January 14, 2022, all day; January 19, 2022, all day; January 20, 2022, 9 am - 1:30 pm; January 21, 2022, all day. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe(&southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealftipc.com> Sent: Tuesday, November 30, 2021 4:33 PM To: Pepe, Thomas F. <TPera@southmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifi.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com>; Teal, Kyle B. <kyle.tealPIDipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 8/17 78570 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook I NA IL RECE1V LD FROM EX -I' RNAi, sou REF_ Good afternoon, Mr. Pepe. We have made revisions to the revisions you provided and I am waiting on my client's and the landlord's approval of same. I figured it'd save everyone some time if we package all proposed edits together in one document, rather than provide them to you in piecemeal fashion. I expect to have it to you this week. Feel free to contact me anytime if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 3 0 5 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Friday, November 19, 2021 6:07 PM To: Teal, Kyle B. <kyle.teal@jpc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.post(@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is the Agreement with the City's response to your edits. This proposed agreement is good for 7 calendar days. Thank you. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy()%3D 9/17 78671 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Tuesday, November 16, 2021 10:16 AM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepji@bipc.com>; Post, Jacob B. cjacob.postPbipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM FATE-TAAL SOURCE Good morning — I was able to sign on through my hot spot while the plane is undergoing maintenance. Attached please find redlined and clean drafts of our proposed revisions to the Settlement Agreement. Please let me know if you would like to discuss before the meeting tonight. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 16, 2021 9:54 AM To: Pepe, Thomas F. <TPepipsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwITk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 10/17 78772 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Understood. We've finished our proposed revisions and I just now received the client's final approval. I've boarded a flight back to Miami and I land at 1 pm. I will try to have my colleague, Jacob Post, send you our proposal in the meantime to avoid delay. Otherwise, I'll send it as soon as I land. Thanks. Sent from my iPhone On Nov 15, 2021, at 11:58 PM, Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: Since you have not accepted the terms of the settlement agreement within the 5 days that you were given, I will need to advise the members of the City Commission that the settlement agreement as drafted has been rejected by your client and that they cannot rely on it when deliberating on the amendment to Section 20-3.6(V). Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, November 10, 2021 3:01:29 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov>; Shari Kamali <SKamaliPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL kECEIVED FROM EXTERNAL SOURCE Thank you, Mr. Pepe. We have reviewed the draft settlement agreement and are currently making proposed revisions. I am endeavoring to make those suggested changes objectively fair and, hopefully, palatable to the City. In that spirit, during our meeting last Friday, you and/or Ms. Kamali (who I've looped into this chain) requested information or examples of other ordinances that implement the `100 foot rule.' Please see below concerning such language, as well as other common descriptive language that appears to have survived constitutional scrutiny. The case attached and the ordinances below will provide context behind our proposed revisions that, we respectfully submit, could serve to fortify the City's ordinances if adopted. Attached is a Middle District of Florida case holding the City of Daytona Beach's noise ordinance constitutional. Please note that the Middle District recognized the City's definition of "unreasonable noise" as "raucous," "jarring," "disturbing," and "nuisance" to be constitutionally sound and not overly vague. Summers v. City of Daytona Beach, Not Reported in F.Supp.2d (MD Fla. 2013); see also Cameron v. Johnson, 390 US 611, 616 & n.7 (1968) (noting that the word "unreasonably" in an ordinance did not create vagueness, but rather that it is a commonly understood word with a well-settled meaning that provided notice of the conduct proscribed). https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 11/17 78873 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Additionally, below are the noise ordinances of Dade County, City of Miami Beach, City of Miami, and City of Miami's Wynwood Pilot Program. City of Miami Beach Ordinance 46-152: It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal authority. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. City of Miami Ordinance 36-4(a): It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 12/17 78974 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. City of Miami Wynwood Pilot Program Ordinance, 36-4(e)(2): Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music: a.Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced; b.The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or c.Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed; d.The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business. Miami-Dade County Ordinance, Sec. 21-28: It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. Any person violating any of the provisions of this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the County, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 13/17 79075 Mail - Pepe, Thomas F. - Outlook (c)Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. (d)Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal or County authorities. (e)Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises therefrom. (f)Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area. (g)Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (h)Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this County for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (k)Power tools and landscaping equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing tools which are used to maintain or at a residence out-of-doors between 8:00 p.m. and 7:00 a.m. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. Regards, 6/1/22, 8:09 AM Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzO3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 14/17 79176 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, November 8, 2021 12:58 PM To: Teal, Kyle B. <kyle.tealPbipc.com> Subject: City v Stunna's Fit LLC Proposed Settlement Agreement [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Finn] Attached is the proposed settlement agreement. Please send me the signed agreement within 5 business days of today if your client agrees to the attached memorialization of what was agreed to at the meeting on Friday, November 5, 2021. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. -- - CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.corn/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 15/17 79277 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUMfiMzQ3NDAyMDhiZQAQAPtni29ffe9EnnBGpVnPLSy0%3D 16/17 79378 6/1/22, 3:09 AM Mail - Pepe, Thomas F. - Outlook communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQI<ADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 17/17 79479 79580 5/5/22, 5:30 PM RE: Stunna's Fit -Ch. 119 Public Records Request Teal, Kyle 8. <kyle.teal@bipc.com> F1 i 4/15/2022 4:02 PM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> EM AIL Rt=CEl \/t.D FROM E)(TFl'1J~A!. SO URU Good afternoon -for the Stunna's parties, we are available on June 1st, 7th, or 8th . Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F.<TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com >; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25 th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. https://outlook.office.com/mailnd/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhlZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D ~titJ EX HIBIT 3 1/6 79681 5/5/22, 5:30 PM Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@sou thmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is stri ctly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119 . From: Pepe, Thomas F. <I£.ep e@southmia mif1.gQll> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <j~gi!ffelalmaza nlaw.com>; Teal, Kyle B. <kv,le.te al@bi oc com>; Payne, Nkenga <Nfilyne@soµthmia mi0,gov> Cc: dwinker@d wrlc.com <;d winker @d w rlc .com >; Shari Kamali <SKamali@southmiamiO,gQl1>; Fraga -Lopez, Samantha <SFraga-Lo oez@sou t hmiamifl.go.li>; Bynum, Carol <Qlv,num@southm ia m jfl.gov>; Carlos Silva <CSllva@si lvasUva.c o m>; Gabriel Varona <yarona305@lcloud.co m >; Ben Fernandez <bfernan dez.@si lvas 11va.com>; Joseph, Stephanie <ste 11hanie.joseP-h@.bi11c.c0m>; Office Services, Miami <mia m i.officeservices@bi P.c.com>; Erma Rodriguez <!:..(OQ!j g!,!fi(a)alma;,:anlaw.com>; Sarah Denis <~almazan law.com> Subject: Re : Stunna"s Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, https://outlook.office.com/mailfid/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpkBEvDmM%2F9hjFfk%3D 216 79782 5/5/22, 5:30 PM Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@southmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMAl'ION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note : All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <j~ga@almazan law.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kv~bi gc.com>; Payne, Nkenga <NPavne@southmiamifl.gov> Cc: dwinker @dwrlc.co m <dwinker@dwrl c.com >; Shari Kamali <SKamall@so uthmia mi fl .gQY>; Fraga-Lopez, Samantha <SFraga-Lo rug@sou th miamifl.gQY>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@sHvasi lya.com >; Gabriel Varona <ya r ona30S@lcloud.com>; Ben Fernandez <bfemandez@silvasilva .com >; Pepe, Thomas F. <llige@southmlamlfl gQY>; Joseph, Stephanie <stephanie.joseP-h.@bigc.com>; Office Services, Miami <miami .officeservlces'@bj pc.com>; Erma Rodriguez <e rodri1!Uez@almazanla w .com >; Sarah Denis <~almazanlaw.com > Subject: RE: Stunna's Fit -Ch. 119 Public Records Request l.\-lAlL HI\ 'iJVLil Fi W'-1 L\T ri~\J,\L SULRC!-: Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that b oth hearings wlll be moved and Rleose advise the new dote for the hearing.L Please advise if you hove any questions. Thanks, Johanna Johanna Castellon Vega I Attorney '"' ALMAZArsJ LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 ht1ps://oull00k.office.corn/111allnct/AAQkADE4MGQ2YzMwLTkOMGEtNOE OM S04NTiwLWJ)MzQJNOAyMOhi2QAQANiEWavXpk 8Ev0 mM%2F9hjFfk%30 3/6 79883 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook F: (305)665-6684 Paralegal: Erma Rodriguez, filQQriguez@almozanlaw.com Website: www olmazonlaw .com Follow us www facebook com/AlmozanLow From: Teal, Kyle B. <ky~Jlipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: nrui.Y-oe@southmjaniift.gov Cc: dwinker@dwrlc.com : Shari Kamali <SKamali@southmiamifl.l'!~>; Fraga-Lopez, Samantha <SFraga-Lopez@southmlamifl .gov>; Bynum, Carol <Qlvnum@southmjamiO.gQll>: Johanna Vega <jl1l;:ge@almaz;ml~w com>; Carlos Silva <CSiiya@sJlvasUva .com>; Gabriel Varona <yarona3.0S@jdoud com>: Ben Fernandez <bfernandei@sllvasil11a.com>; Pepe, Thomas F. <Ifgpe@southmiamjfl,gQl!>; Joseph, Stephanie <stephanie.joseRb..@biRc.com>; Teal, Kyle B. <1,y~biRc.com>; Office Services, Miami <miami officeseryjces@bi~> Subject: Stunna·s Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links• Good morning, Attached please find the updated public records request sent on behalf of Stunna's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl gov> Sent: Monday, April 4, 2022 S:55 PM To: Qg_Q_(<l)benfernandezlaw.co m Cc: Teal, Kyle B. <ky~..b.iP.c.com>;tania@benfernandeztaw.com : dwinker@dwrlc com : Shari Kamali <SKamali@southmjamlfl.gQl!>; Fraga-Lopez, Samantha <~gtl.Q~southmiamifl ,gov>; Bynum, Carol <~ynum@southmlarnifl.g~> Subject: Hrg on Order to Show Cause re Revocation of business license hltps;//oullook.cfflcc.ccme'mall/id/AAOkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTll'llWJ)MzQ3NDAyMDhlZOAOANIEWsvXpk8EvDmM%2F9hjFlk%30 4/6 79984 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook [This Email Originated Fro m !p..;;pc @ southminmjfl .gQY Which Is Ex ternal To TI1e Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue. Ste 311, Coral Gables, Florida 33 146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !rurne@southmiamm .gov ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call colle ct if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public rec ord . Your e-mail communications, including your e-mail address may be disclosed to the public and med ia at any time pursuant to Florida Statutes, ch. 11 9 . ----------------------------------------------- CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipien L If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any atta c hments from your system. CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, disseminafon, distribution or copying of this hUps:l/oull ook .office.com/mall{Jd/AAQkAOE4MGQ2YzMwLTkOMGEtNOE OMS04NTlwLWJjMzQ3NDAyMDhlZQAQANIEWsvXpk8E v0mM%2 F9hjF fk •.{;3D 5/6 80085 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook communication is prohibited and may be unlawful, Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system . hllps ://oullook .a!Oca .com/mallfld/AAQkADE4MGQ2Y'ZMw LTk0MGEtNDE0MS04NTlwlWJJMzQ3NDAyMDhiZQAQAN IEWsvXpk8EvDmM%2F9h]Flk%3D 6/6 80186611/22,-7:49 AM Re: Stunna's Fit -Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 5/18/2022 3:12 PM Mail -Pepe, Thomas F. -Outlook To: Teal, Kyle B. <kyle.teal@bipc.com>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com > ;Gabriel Varona <varona305@icloud.com >;Ben Fernandez < bfernandez@silvasilva.com >;Joseph, Stephanie <stephanieJoseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has advised me that she is willing to give all of you one last continuance if you all can agree on a hearing date in June that is not on a Tuesday or a Wednesday. Otherwise, the hearing is still scheduled for June 1, 2022 commencing at 9:30 a. m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Wednesday, May 18, 2022 8:30 AM To: Pepe, Thomas F.<TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 4: Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <5Kamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 118 802876/1/22, 7:49 AM Mail -Pepe, Thomas F. -Outlook Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request EMAiL RECEIVED FROM EXTERNAL SOURCE Good morning, Due to an unexpected personal engagement, I've just been made aware that I won't be available the morning of June 1st. Please let me know if the City Manager is willing to reschedule this hearing for later in June so we can plan accordingly. I apologize for the inconvenience, and I would appreciate the City's accommodation. Feel free to contact me if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 18, 2022 11:57 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 2/8 803886/1/22; 7:49 AM Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReQe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegg@.almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B.<kyle.teal@biRc.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Payne, Nkenga <NPay.D.§.@.southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Logez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steghanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodrig~almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request FJ;L\iL RFCEfVED FRO\'[ FXTTRl'-.:1\l. SOCRCT June 1 and 7 is ok with Consolidated. Thanks Johanna Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvegg_@almazanlaw.com From: Teal, Kyle B.<kv.le:teal@biRc.com> Sent: Friday, April 15, 2022 4:02:46 PM https://outlook.office.com/mail/id/MQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 3/8 804896/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPe~southmiamifl.gov>; Johanna Vega <jvegg_@almazanlaw.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoRez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links* Good afternoon -for the Stunna's parties, we are available on June 18\ ?1h, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPeP.e@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvegg_@almazanlaw.com>; Teal, Kyle B.<.!s.v.le.teal@biP.c.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP.ez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steP.hanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 4/8 805906/1/22, 7:49 AM City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPeRe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega.@almazanlaw.com>; Teal, Kyle B.<kv.le.teal@biRc.com>; Payne, Nkenga <NPay~southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP-fil.@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona30S@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biQc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gQY https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 5/8 806916/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegi!.@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B.<kY.le.teal@biRc.com>; Payne, Nkenga <NPayM.@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoJilez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F.<TPeRe@southmiamifl.gov>; Joseph, Stephanie <steRhanie.joseP-b..@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request Fl'vL\Jf. Rl-,CEl\!FD l-'ROVi FXTLRl\At" S()LRC!:; Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and Rlease advise the new date for the hearingL Please advise if you have any questions. Thanks, Johanna Johanna Castellon Vega I Attorney !:;..i Almazan Law LOGO 7901 Ludlam Road, Suite l 00 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 Paralegal: Erma Rodriguez, erodriguez@almazanlaw.com Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 6/8 807926/1/22, 7:49 AM From: Teal, Kyle B. <kv.le.teal@biP.c.com> Sent: Thursday, April 7, 2022 11:27 AM To: nP.ay_o.g_@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop~southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jveg!l@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Joseph, Stephanie <steP.hanie.joseRh@biP.c.com>; Teal, Kyle B.<kYle.teal@biP.c.com>; Office Services, Miami <miami.officeservices@biRc.com> Subject: Stunna's Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stum1a's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPe~southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kv.le.teal@biQc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop..fil.@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gQY.> Subject: Hrg on Order to Show Cause re Revocation of business license [This Email Originated From !mrne@southmiamill.gQY Which ls External To The Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 7/8 808936/1/22, 7:49 AM Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 8/8 809946/1/22, 12:16 PM Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 6/1 /2.022 9:.37 AM To: Teal, Kyle B.<kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Mail -Pepe, Thomas F. -Outlook Cc: Johanna Vega <jvega@almazanlaw.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its attorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granting Stunna's a continuance until June 20th at 9:30 a.m. There will be no further continuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. · Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <5Kamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Good evening, Counsel for Stunnas is avai I able on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is avai I able on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/3 810956/1/22, 12:18 PM RE: Order re: City v Stunna's Fit Case No. 21-00251 Johanna Vega <jvega@almazanlaw.com> Wed 6/1/2.027. 9:,1CJ AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Teal, Kyle B. <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Mr. Pepe, Kyle Teal provided dates for Consolidated's availability in the email below. I have highlighted the message for ease of reference. Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing. On May 18 you advised that the City Manager had granted "all" one last continuance so long as we provided dates in June -which we did. I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice. I have an associate that just resigned and my law partner is traveling on business. certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am. Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna's only the license revocation issue. Please advise. Johanna Johanna Castellon Vega I Attorney ( A -ALMAZAN LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0ITM%3D (\A;i ~ E}(iif iJ1T ---1:__ 1/5 811 City's Exhibit 8 96 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLA TOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC CO CO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOl IO~ CQ--t/025-0J2-, 050) OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00122 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAByfi-o THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY 0 INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOT G PHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP r □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ~'.:a-.ff-:/:ilr,~'M_.C)lJ"t-t.··'_/J~:...JJ~~~~~==---- 3. SUMMARY OF EVIDENCE PROVIDED: rV-(h ~-./-l'q-✓r-~s 5. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO PLIANCE REQUIREMENTS STIPULATED UNO VISIONS OF E CODE ORDIN 1:J. ITY OF THER ~l-'-+_,,__,_,_-..;,,..,,,-,,,t---=-r--<-...l.f---,--b"--;,L..l--'-41'-~L.L.:....!..:.....,;..;;.;.----=~rf-ft,,...c=:'-1'---+----'--r.,.L..---- ~ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UN~Ef)OATH) ✓n THER A (°sd} rfr:JAf of Co--"'1t1-P ~ , . u~ -/ 4. BASIC UNDERLYING FACTS: DEPARTMENT Ill IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : FUNDAMENTAL ISSUE : / WH ETH ER THER E IS SUBSTANTIAL COMPETENT EVIDE ~EE TO INDICATE THAT THE VIOLATOR(S) IS /ARE RESPONS IBLE FOR THE SUBJECT VIOLATION? lZ) YES □ NO 81297 6. ULTIMATE FINDINGS: A. IT IS T.4_ D ETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION V~'ii.s □ WAS NOT ... ISSUE □ IN ACCORDANCE WITH THE PRovI sIONs OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI , FLORIDA. B dsED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. '.-' C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ _ _,,.'35:...._,.,,c......:OJ..1 -=Wc..= __ (civil penalty for each violation) and $ /~5. OD < (hearing costs), totaling =$--=-lf+-f--F-"'--15.,..,_·, -~-·--------------- (NOTE: if the full amount of the civil penalty incurred an d administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be reco rded in the Publ ic Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, a·n additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorpora~ September 24. 2021 Date Decision Rendered Spe . arez-Rivas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Spec ial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: __j{)/ !/;;LL I I 81398 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI; FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~OJJ O: oQ-I.J,OZ5-()12-05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00179 I HEARING DATE: I Septe mber 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~NSPECTOR'S TESTIMONY 61NS P ECTOR'S AFFIDAVIT r/ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN (S) / MA P(S) 0 PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O PERTY) C. LJ. Q-OTHE R (INvo Ic E~. cof3_Rg:s PoNDENCE, ETC ... ) _v'-I-J1 -t9J ~""'a ..... ,,u==--7r---L-lxf-'"'b'-+--t ..... ~-b,,....¾-><=l--=o,=..:...,..~1t=-,=-1ad ..... 1 ....-.1_~------....:i=---- 6.._ r; el.re,._ ':::ut<;.J ~--t IV: U 3. SUMMARY O F EVIDENCE PRO IDED : { 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) ~O TESTIMONY OFFERED ~ OTHER /ff-rv_irfY--n'f &-F ~ty],~ 4. BASIQ _UNDERLYING FACTS: D[PARTMCNT Ef"1s □ IS NOT CORRECT IN ITS ASSESSME~H OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANT IAL COMPETENT EVIDENQ'E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT V IOLATION? iefvEs □ NO ,,. 81499 6. ULTIMATE FINDINGS: A. IT IS -4 DETERMI NATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LAT ION Mw't..s □ WAS NOT -~-ISSUED IN ACCOR DANCE WITH THE PROVI SIONS O F SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B . 81!(s ED ON THE FORG OI NG , TH IS SPE CIAL MAG ISTRATE FINDS THE VIOLATOR(S) ~G UILTY □ NOT GUILTY O F THE SUB JECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 S"'o. l}Q (civil penalty for each violation) and $ /~S:, D7.J (hearing costs), totaling =$--'-,¥i,__r/5...f,,..~~,_,b-o=<---.:=------------- (NOTE : if the full amount of the civil pen alty incu rred an d admin istrative cost assessed rema ins unpaid afte r th e execution of this order, a certifi ed copy of said order m ay be re corded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an add itional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inco rpor · · ~r~e Qions indi September 24. 2021 ,._,..-,,...,,.., C<Ju__q11...;2.'1-"'""'""~'" Date Decision Rendered pe z~ ag,s rate Signature: ~af , q. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date I e S ecial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ------==~f---'()~....J,.L_....p._;,_=------- 815100 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-3 8 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET /:lJ LJ (): oq._:_ 4()25 -0.12-0500 OR 21958-0616 12 2003 6 6600 SW 62·AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 3 314 3-33 06 TENANT: Stunna's Fit CASE NO.: I 21-00177 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLIC~O THIS HEARING (check approp riate bo xes) □ VIOLATOR (S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDE~E WAS OFFERED: ~~N PECTOR'S TESTIMONY ✓ INSP ECTOR'S AFFIDAVIT ~ LD REPORTS □ PLAN(S) / MAP(S) ROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) HER (INVOICES , CORRESPONDENCE, ETC ... ) t THER AFFIDAVITS ({ PHOTOGRAPHS 3. SUMMARY OF EVIDENCE PROVJPED: 5. A. BY DEPARTMENT: f21'fHE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDE R TH E PROVI SIONS OF CHAPT ER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI , FLORIDA. □ OTHER , L I 0 Tfi.x_-/esYi~ i5-( ,~.__)ns~ + s/v111tn:-ia-F,f erl{) ~ \taf.£ ev:.~ /nfr--u.f1u.@t1/) 1dD ~o_ fQfl&rll V 1 CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVID ~N E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?· YES □ NO 816101 6. ULTIMATE FINDINGS: A. IT lS/1' DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION 'ti WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. e. ~SEO ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ~8utLTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk $__....,._--=--=--=----1- . $ /;:Jf;;CJtJ (hearing costs), totaling "'---~==~=_,_,~ _ ___;_ ___________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall con titute a lien against the violator's property, real or personal. The City may foreclose on any such lie , which remains unpaid after three (3) months from the time the lien is filed.) SQ;, fR_,~ 2. Deadline for compliance ~ SHALL be extended to (Date)____ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for .compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7 . ADMINISTRATIVE NOTATIONS: '"'T) □ SPECIAL PROVISIONS OF ORDER: · ()./) , ~ a · ' . . ( s !°?2.,, , DEFERRED FO IN REA N : ...., " -~~ (NOTE: Special Magistmte's Decision incorpo~ ·ndicated. September 24 . 2021 Date Decision Rendered Speci~agi vas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the dat~te Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG D VIOLATOR ON: ~l)/,f> ii?t -.='=1:=""-:f-~.::.+-.::._l.,r..r...,.""'-'==-------- 817102 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & . CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET F'Olt o: OQ-4025-012-0500 OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR : PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00180 I HEARING DATE: I Seotember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAB ~O THIS HEARING (che c k appro priat e boxes) □ VIOLATOR(S) PRESENT ✓V IOLATOR S AGENT PRE SENT □ FAILED TO APPEAR □ NON-COMPLIANCE D NO N-PAYM EN T OF C IVI L PENA LTY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~SPECTOR'S TESTIMONY ✓iNSPECTOR'S AFFIDAVIT ~ER AFFIDAVITS □ FIELD REPORTS D PLAN(S) / MAP(S) □ PHOTOGRAPHS . .,E:i'PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O E RTY) ,n _ r J-..-J/.. g-()THER (INVOICES, COR RE'l);,iN.~~~E, ET.C..,.) ~:t //, 61!£.Qr d IOZl,Ull09 3. SUMMARY OF EVIDENCE PROVIDED : f 1-Z,'7'1 ~ JO~ 1 /JCI. . c_J 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENALTY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ 8. BY ALLEGE~ v1o_L: TOR(~): p TESTIMONY _ uNp_ER OATH) □ NO TESTIMONY OFFERED ~ OTHER if .1 I 'C;s: ·, .· Tefl. (/rb cJ . - BASIC UND ERLYING FACTS: DEPARTMENT ✓is □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DEl'!,et TO INDICATE THAT THE VIOLATOR (S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?i0 YES □ NO 818103 6. ULTIMATE FINDINGS: A. IT IS /4E DETERMINATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LATION fil WAS D WAS NOT ... ISSUED IN ACCOR DANGE WITH THE PROV ISIONS O F SECTION 20 -3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. 4 sED ON THE FORGO ING , TH IS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ffGUILTY D NOT GUILTY O F THE SUBJECT VIOLATION . . ._ C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ 3 '-/--6. d:::() h violation) and $ /d S: 1)-,,) (hearing costs), totaling "'----+---="'----=-----..,,,,..,C----------- (NOTE: if the full amount of the civil pen alty incorred and administrative cost assesse d remains unpa id after th e execution of th is order, a certifi ed copy of said order may be rec orded in t he P ublic Reco rds of Miami-Dade County which shall constitute a lien ag ainst the violator's property , rea l or personal. The City may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ D SHALL NOT be extended. (NOTE : If the violation subject to th is action remains uncorrected after the deadline for compl iance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to ru n until the vio lation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: 11 d. ,r,/r.,si rci D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : Se ptemb er 24, 202 1 Date Decision Rendered uarez-Rivas, Esq. NOTE : If you wish to appeal the Special Magistrate 's decision , you must do so in the manner provided in Section 2 -25 of City of South Miami Code of Ordin ances, no later than 30 days from the date e ec ia l Magistrate's decision was rendered . COPY MAILED/D ELI V ER ED TO ALLEGED VIOLA TOR ON : -=_io:.......:..-+-LL-.P-6==------- 819104 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~ol ~IO : OQ-L/025 -012-OSCO OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RES EARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00226 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 5. 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 8. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER /R rt, Q'1lM<-, nfG v~ ""' µvR.. /,&..-nfr,o , . 0 .,.,. C)' / V 7 VV . , .. 4 . BASIC UNDERLYING FACTS: DEPARTMENT ~ IS □ IS NOT CORRECT IN ITS ASSESSMENT --·· .... OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL COMP ETENT EV IDEN _...(o' IN DICATE THAT THE VIOLATOR(S) IS/ARE RES PONSIBLE FO R THE SUBJ ECT VIOLATION?~~ O □ NO 820105 6. UL Tl MATE FINDINGS: A. IT IS TH~ETERMINATION OF THIS SPECI AL MAG ISTRATE THAT THE SUBJ ECT VIO LATION □'\4°AS D WAS NOT ... ISSUED IN ACCORDANC E W ITH THE PROVI SIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CITY OF SOU TH MI AM I, FLORIDA. B . ~ED ON THE FOR GO IN G, TH IS SPE C~AL MAGIS TRATE FINDS THE VIOLATOR(S) V GUILTY D NOT GUILTY OF THE SUB JECT VI OLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ ra 0, tJ-0 (civil penalty for each violation) and $ la4S:tv • (hearing costs), totaling =-$ _ _.G--.'--... dr-'«_s,,......·-rro"--=----------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost assess e d remai ns unpaid after th e execution of this order, a c ertifi ed c op y of said ord er may be recorded in the P ub lic Re cords of Miami-Dade County which shall constitute a li en agai ns t the vio lator's property, real or pe rsona l. The City may foreclose on any such lien, wh ich rem ai ns unpaid after three (3) months from the ti me the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE : If the v io lation subj ect to th is action remains uncorrected afte r the deadline for compliance indicated herein above, an additional c ivil penalty in the same amount specified in thi s ord er shall begin to accrue for each day following the de ad line for compliance an d shall c o ntin ue to run un til the vio lat ion is co rrec ted .) 7. ADMINISTRATIVE NOTATIONS : (NOTE: Sp ecial Magistrate's Dec ision incorpo r1es--aA icated .) ~ Se ptember 24, 2021 --,;,k,~::=--,c-:,...,;,.-..:;;,,..:~---"'-,-"'-"-.-=-'-=~:.------"'---....;;_;e<.....==------- Dat e Decision Rendered Speci . as, Esq . NOTE: If you wish to appeal the Special Magistrate 's decision, you must do so in tt1e manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t S ecial Magistrate's decision was rendered. 821106 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FnL1 o;· (XJ-'-/025-G12 -05W OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00227 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICABlpO THIS _HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ✓VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON -COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED 0 DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: 6 INSPECTOR'S TESTIMONY ✓iNSPECTOR 'S AFFIDAVIT D £5THER AFFIDAVITS 11 FIELD REPORTS □ PLAN(S), MAP(S) 0 PHOTOGRAPHS • IZl PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) /l ; . 0 ..L1 {j~ ~~R"Utl(f~ORRESPONDENCE, ETC ... ) 7!§,--f, /{I d ~r/_LN]t.f £,/ o/J-.trr3 3. SUMMARY OF EVIDENCE PROVI~ 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . D OTHER ________________________________ _ □ B. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER _______________________________ _ BASIC UNDERLYING FACTS: PEP.A.l3TMENT ,ei:< □_IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL C OMP ETE NT EVID EN~O INDICATE THAT THE VIOLATOR(S) IS/ARE R ESPONSI BLE FOR THE SUBJ ECT VIOLATION? EJYES D NO 822107 6. ULTIMATE FINDINGS: A. IT IS i;4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJ ECT VIOLAT ION tzf" WAS . □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ J #-o &t) (civil penalty for each violation) and $ /d.,S"-L?T.) (hearing costs), totaling $ f(i;5 LlJ2 (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against th e violator's property , real or personal. The C ity may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action rem ains uncorrected afte r the deadline for compliance indicated herein above , a n additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is correcte d.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates ~~str~tiv September 24, 2021 --,r--..:>.~-.:::f-H=o......:::::~.:,o__-""=--""-,,!~~=-,-.h--+--.::.....!.,_ ______ _ Date Decision Rendered Special Mttrate Signature : Rafa NOTE: If you-wish to appeal the Special Magistrate's decision, you must do so in the manner provided i n Section 2~2s of City of South Miami Code of Ordinances, no later than 30 days from the date he pecial Magistrate's decision was rendered. D VIOLA TOR ON:___..._~+--?+' _W-_· _____ _ 823108 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI , FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOL/Oo' (X,?-tJ.OZn-0:12--()l5cJJ OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CON SOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna 's Fit CASE NO.: I 21-00232 I HEA Fii N°G 6:ATE: I Septembe r 24 , 2021 FINDINGS OF FAC T: 1. THE FOLLOWING ARE APPLIClA "~ THIS HEARING (check. ap propriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATfON □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: . ~PECTOR'S TESTIMONY ~NSPECTOR 'S AFFIDAVIT D ()THER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) [YpHOTO GRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQe ERTY) r (\ /J C r ,1 ~ □ OTHER (INVOICES, CORRESPONDENCE , ETC ... ) f/i ~tp,.,l) or ~ '[/f1y{r..flr//WJL 3. SUMMARY OF EVIDENCE PR ~DED: of{M.._ t~~J R-f Coz{ A. BY DEPARTMENT: tS°THE VIOLATION WAS ISSUED IN ACCORD~Ncf~tH -TH E ~ 'i_~~ COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPT R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. . □ OTHER ________________________________ _ 5. □ B. BY ALLEGED VIOLATOR (S ) TES TIM ONY (UNDER OATH) NO TESTIMONY OFFERED 4. 6-oTHER o r0 u.dferrf 6[ Oirr ✓l'J?J±JtB 1/1.:>ktf~r.1 · .. BASIC l).NDERSYING FACTS, DEPARTME.NT ls □ IS NOT CORRECT IN ITS ASSESSMENT OF T HE SUBJECT VIOLA TION. (Further explanation if any) ________________ _ CONCLUSIONS O F LA W: FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DE~6ETO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?·□ YES O NO 824109 6. ULTIMATE FINDINGS: A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 JfQ {')-U (civil penalty for each violation) and $ j d,<;' cf.'yf) (hearing costs), totaling =$ __ 1/C............,=--.... s,...+----'{..,,n) _ _.__ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specifi ed in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : \ □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate 's Decision incorporateo/8ny September 24, 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e ie~ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: ---'-'--_jf)-----=~-=ttc.........;J;M_c..-_.;;__ _____ _ I I 825110 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE . SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET P:OUO ~~(J)~-t/025--01 2~ 05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEAR C H AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 314 3 -3 3 06 TENANT: Stunna 's Fit CASE NO.: I 21-00233 I HEARING DATE: I S eo te mbe r 24 , 2021 FINDINGS OF FACT: t,; 1. THE FOLLOWING ARE APPLICAB TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: Cl INSPECTOR'S T ESTIM ONY £6 IN SP ECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPH?;-f □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P(3.Of\E~TY) . [' ~ /J □ OTHER (INVOICES , CORRESPONDENCE, ETC ... ) Vi" M~g w , \..A:j/;U_ 3. SUMMARY OF EVIDENCE PROVIDED: 0 j N _4 . A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (U NDER OATH) □ NO TESTIMONY OFFERED1 ~THER Eeq µ fVl i!A11" c.i f dl f!HldR_ &~a.cfl !±!r:,r-/,MSt./A , I . . K_-~ 0 l:;4ASIG. UNDERLYINq fA9TS: DEPARTMENT ~ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explan ati o n if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE : WHETHER THERE 1s SUBSTANTIAL COMPETENT EVIDENc-jo INDICATE THAT THE vIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~t □ NO . 826111 6. ULTIMATE FINDINGS: A. IT IS -tE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT T HE SUBJECT VIOLATION ij{ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LANO DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B.AASED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) tJ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s} shall pay to the City Clerk$ 3 r/lJ, D-r) (civil penalty for each violation) and $ /~ C5{) (hearing costs), totaling ~$-1/-t.....--i~:;~5,=~•~&i)~~---------- (NOTE: if the full amount of the civil penalty incurred and admin istrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall conti nue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISION 1i I 0 SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorpor,-t tion~ted.} Se pte mbe r 24 , 2021 ~.,-.-.~ '-P"\t--z'---&, Date Decision Rendered " : Rafael E. Suarez-Rivas, Esq. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t e S cial Magistrate's decision was rend e red. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: _::_::....-1......l.L~~=------- 827112 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3314 3 -3306 TENANT: Stunna 's Fit CASE NO .: 21-00310 HEARING DATE : FINDINGS OF FACT : Se t ember 24 , 2021 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN g 6~~:~1~mrw1 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP ERTY) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ---.t:,"7(;__.,@a--/J-P=-=-{ y\/\=-..,,,..,,../ ________ _ 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT: IY~ VIOLATION WAS ISSUED IN A CCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER TH E PROVISIONS OF CHA PTE R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . □ OTHER --.--------------------------------,,__ __ ()n--hrL(e.4 -( ),e_s <'~ -/2· ~Bv,-~.../-{l (~ _,,__ .. .:._r ______;_c _&--=-~-'J -'-nt----"'-"'---' '----''"""--'-'-----l:-'"b,L-!--~"',-!------'~~_.:::,_-t/4_o_t_;_~ i_· '6'1_-_;_n ---6,L-"-+L-...l..=..L..I.--'---~'-'=-.. B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ____________ ---.-_________________ _ 4. BASIC UNDERLYING FACTS: DEPARTMENT l:J IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R THE RE IS SUB STAN T IAL COMP ETENT EVIDE~& TO INDICATE THAT THE VIOLATOR(S ) IS/ARE R ESPONSI BLE FO R TH E SUB JECT VIOLATION ? [3,1 YE S □ NO 828113 6. ULTIMATE f DINGS, '.:.•:• : •:; '., .,,,,. • A. IT 1$/fHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION riJ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CllY OF SOUTH MIAMI, FLORIDA. R ~SEO ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: \ 1.Violator(s) shall pay to the City Clerk$ ,~ 4 0 _Jl) (civil penalty for each violation) and $ /'{l.t;. 00 (hearing cos:), totaling ~$--~-1--.<:.....,..,...h~. ___.o-Q.,.______ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the exec ution of this order, a certified copy of said order may be recorded in the Public Records of Miami -Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOJ" be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates as:i September 24 , 2021 Date Decision Rendered Special Mp gistrate Sig nature: RafaellE _ Suarez-Rivas, Esq . V NOTE : If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e pecial Magistrate's decision was rendered. 829114 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 20 03 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 3143-3306 TENANT: Stunna 's Fit CASE NO .: 21-00317 HEARING DATE : Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ P~OTOG HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQ¥>-!;ijJY )/_ _ ) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) _....,""-__ \ ~~~~~-~{_ 1 _________ _ 3. SUMMARY OF EVIDENCE PROVJED: 5. A. BY DE PARTME NT : rg;(HE V IOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO MPLIANCE REQUIREMEN T S STIPU LATE D UNDER THE PROVISIONS OF CHAPTER 2-2 OF THE CODE OF ORDINANC ~ OF THI; CITY OF S UTH '"""u.L.L..LOR ID '_J.._ / L 0 □ OTHER -r N--I(_) 0 CV'1- ~ 0-rf\<L eu ~-tJ1.N't~ /1o I ;J/-o 0d-dJ . ./ 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER -------------.......------------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSI O NS OF LAW: FUNDAMENTAL ISSUE : / WHETHER THERE IS SUBSTANTIAL COMPETENT EVID'6i..._t:j6 E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? [l YES D NO 830115 6. ULTIMATE FINDINGS: I . A. IT l~/rHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLA TIO~.,,. M WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE C DE OF ORDINANCES OF THE Cl1Y OF SOUTH MIAMI, FLORIDA. · ASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 6 i/0 . ([() (civil penalty for each violation) and $ /JS, M,) (hearing costs), totaling __._.,s:f/-c-~-+,·-/~J ~5~~-£51~l)~--------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost a·ssessed remains unpaid after the execution of this order, a certified c opy of said order may be recorded in the Public Reco rd s of Miami-Dade County which shall constitute a li en against the vio l ator's property , real or personal. The City may foreclose on any such lien, which rem ains unpaid after three (3) m onths from the tim e the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If t he v io lation subject to this action remains uncorrected afte r the deadline for compliance indicated herein above, an ad dit ional civil penalty in the same amou nt sp ec ified in th is order shall begin to accrue for each day following the deadline for co mp liance a nd shall continue to run unt il the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: ·o:t ,/'Yf · 1 a.) ( a_µ_ . ct/ ... I □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : NOTE : If you wish to appea l the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later th a n 30 days from the date ::~p1ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG VIOLATOR ON: /0 /1f__ /2_ . .t- l:l aZn~~ I I (j!l_ C L 831116 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 TAX FOLIO NO: 09-4025-01 2-0500 6600 SW 62 Avenue PROPERTY LOCATION: South Miami , Fl. 33143 OWNER: CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLA TOR: TENANT: STUNNA'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1 . T'7-FOLLOWING ARE APPUCA o/ TO TH IS HEARING (ch eck ap propriate boxes) 6 VIOLATOR(S) PRESENT tl VIO LATORS AG E NT PRE SE NT □ FAILED TO APPEAR D NON-COMPLIANCE D NON-PAYMENT OF CIVIL PENAL TY D REPEAT VIOLATION D CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED D HEARING RESCHEDULED D APPEAL WITHDRAWN D VIOLATION DISMISSED □ DECISION DEFERRED D CASE WITHDRAWN D OTHER _______ _ 8 . BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) D NO TESTIMONY OFFERED D OTHER ______________ -+------------------ 4. BASIC UNDERLYING FACTS: DEPARTMENT · IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENa:'TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES D NO 832117 6. ULTIMAT~FI DIN GS: A. IT HE DETERMINATION OF THIS SPECIAL MAG ISTRATE THAT THE SUBJ ECT VIO LATIO N WAS □ WAS NOT ... ISSUED IN ACCO RDANCE WITH THE PRO V ISIONS O F CHAP TER b)(1) OF THE LAND DEVELOPMENT CODE . D ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLA TOR(S) , -') r; .Jt1M..J LTV □ NOT GUILTY OF THE SUBJECT VIOLATION . / CJ'-, 1 0 (. - C. IT IS HEREBY ORDERED THAT THE FOLLOWlp-}CJ 10 /})~5JT~: (U./J5 ffe..J:;(fl ~-l, QOQ. / 1.Violator(s) shall pay to the City Clerk$ 3 i 0. btJ ~vi(;:n;lty for each violation) and f-d /J.y;elf]lv/, $ /J, S. fYD (hearing costs), totali ng\ '3 0 g ~ <[5 -;J.:o•lj (NOTE : if the full amount of the civil penalty incu rre d an d admin istrative cost assessed rema ins unpaid after th e execution of this orde r, a cert ifi ed copy of sai d o rder may be re corded in the P ublic Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City m ay fo recl ose on a ny such lien , whic h remai ns unpaid after three {3 ) mznlh from th e time the lien is fi led.) . 2. Deadline for com pliance □ SHALL be exte nded to (Date)____ SHALL NOT be exten ded. (NOTE: If the vio lation s ubj ect to this action re ma ins uncorre cted afte r the deadline for compliance indicated herein above, an additional civil pena lt y in the same amount specifi ed in this o rder shall begin to accrue for each day following the deadli ne for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorp May 20 . 2022 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered . . AILED/DELIVERED TO ALLEGED VIOLA TOR ON: ma1 2Q, 2cJ2Z 833 City's Exhibit 9 118 (i) ORDINANCE NO. 19-21-2409 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-3.6 (V) and 20-3.J(D), (E) and (F) to reorganize sections of the Code concerning outside activities of businesses and to provide further regulation of business activity. WHEREAS, Section 20-3.J(E) controls and regulates outdoor seating and dining; and WHEREAS, outdoor seating and dining is one of the exceptions to the requirements of Section 20-3.6(V) that restricts all business activity to the inside of a building; and WHEREAS, there are regulations in Section 20-3.J(E) that should apply equally to all business activities that are allowed in Section 20-3.6(V) to be conducted outside of a structure; and WHEREAS, certain ex1stmg regulations do not provide a clear process for providing procedural due process to business and property owners who are doing business in the City; and WHEREAS, since Section 20-3.6(V) does provide an exception for outdoor seating/dining, it would be more appropriate for Section 20-3.J(E) to be incorporated into Section 20-3.6(V) so that the regulations of business activities conducted outside of a structure is consistently and equitably controlled; and WHEREAS, an amendment to Section 20-3.3(E) has been enacted to a11ow outdoor seating/dining on properties that are in the RM-24 zoning district if they are contiguous to the Hometown District Overlay; and WHEREAS, the amended Section 20-3.J(E) provides substantial regulation of sound emanating from outdoor business activity; and WHEREAS, sound emanating from businesses, including gyms, bars and restaurants that is above the surrounding ambient noise level has a disturbing effect on the quiet enjoyment of residential properties that abut, or that are across the street, from businesses that generate noise; and WHEREAS , the advent of high-intensity-interval-training (HIIT) in gyms poses substantial acoustical problems. These gyms that provide HIIT include workouts that often generate significant airborne and/or structure-borne noise and vibration. These noises and vibrations have been known to create a nuisance to adjacent noise-sensitive spaces. In some Page 1 of24 834119Ord. No. 19-21-2409 of these HIIT activities, clients drop or throw weights on the floor or against the walls; and jump, kick, and/or hit heavy implements against various objects (e.g., tires)1; and WHEREAS, sound emanating from businesses can create a nuisance since sound can be detrimental to the health and welfare of residents of those neighborhoods that are in close proximity to these businesses; and WHEREAS, currently, Personal Skills Instruction Studios and Physical Fitness facilities have specific restrictions on sound emanating from the structure in which the business operates (see Land Development Code, Section 20-3.3(0) footnote****); and WHEREAS, the sound regulations concerning outside commercial activity should apply to all businesses that are similarly situated; and WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on July 13, 2021 and the proposal was denied approval by a vote of 5 yeas and 2 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 20 Section 20-3.6(V) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.6 -Supplemental regulations. *** (V) Commercial Activity Conducted Outside of a Building. (1 )No eeA:n:Aercial activity conducted on Commercial Property, with the exception of those uses and activities listed in Sections (3) aAa (4) and (5) below, shall 13e ~ allowed to be conducted outside of a Fully Enclosed Beuilding unless a pFOper permit is issueEI pursuant te the regulatiens set jgrth in tl=lis Sectien. Outdoor business activity that is not listed in paragraphs (3). (4) and (5) below may be allowed on a temporary basis if a proper pennit is issued for such activity. The owner of any structure that houses commercial activity and-the operator of any business on such property are prohibited from allowing any sound emanating from within the building from being plainly audible at or inside the property line of any property that is a single-family dwelling, two-family dwelling or townhouse. with the exception of random, unintentional and intennittent sound created, or escaping from the structure, when people enter or leave the structure. 1 https://www.salter-inc.com/wp-content/uploads/NOISE-CON-2019-Experiences-with-Gym-Noise-and-Vibration-in-Mixed-Use-Buildings.pdf Page 2 of24 835120 Ord. No. 19-21-2409 (2}_Private property. Outside retail merchandise display set out on private property shaY will be permitted subject to the following limitations and conditions; (a) The outside merchandise display may only include items which are sold inside the building of the business; the business must have a valid current business tax receipt ( occupational license); (b) A restaurant may not have an outside display of retail merchandise; ( c) The outside display of retail merchandise may not be placed on any vehicular parking spaces or in any area which blocks access to or from a required vehicular parking area; (d) The outside merchandise display may only occupy a maximum square footage of ten (10) percent of the gross square footage occupied by the business inside the building; the posted permit as required by Sl:!bsee~ioa subparagraph G) below. must indicate the square footage of the business inside the building and the square footage occupied by the outside display of retail merchandise. Additional parking spaces are required for all additional square footage of outdoor display; (e) The outside merchandise display may only include retail merchandise that can be immediately carried away by a customer after purchase; merchandise which requires delivery to the customer or requires being carried by hand truck or similar device is prohibited from being displayed outside the business; (f) The outside merchandise may only be displayed while the business is open and must be removed on or before the close of business for each calendar day; (g) Retail merchandise display set out on private property must obtain a permit from the Code Enforcement Department as set forth in the City's schedule of fees; (h) The outside display of retail merchandise permit regulations will be enforced using procedures set forth in the Code of Ordinances; (i) The outside display of retail merchandise permit may be revoked by the City Manager upon finding that one (I) or more conditions of these regulations were violated, or that the outside display of retail merchandise is being operated in a manner which constitutes a public nuisance or in any way constitutes a reasonable risk of potential liability to the City; G) Any business purchasing an outside display of retail merchandise permit consents to abide by the limitations and conditions set forth in this ordinance and 5ha» must display the required permit so that it is visible on the outside of the building during any period when there is an outside display of retail merchandise; a copy of this ordinance shaH must be furnished to all businesses purchasing an outside display of retail merchandise permit. (k) A business establishment may only place outdoor displays on private property. Page 3 of24 836121Ord. No. 19-21-2409 (3) Recognized outside uses. (a) The following permitted and licensed uses are recognized as commercial activities tn1siResses whieh must that, by the nature of the business, are reguired to be, or are more efficiently, conducted coaeuet commefeial business outside of a building. However, the placement of retail merchandise outside of a building by the listed businesses shaH must nevertheless comply with the ~Fo,•isions, Of Fequire aclherenee the requirements, limitations and conditions concerning displays of merchandise outside of a business as set forth in this Subsection (V). These uses may be limited by the permitted use table in Section 20-3.3(0). All property owners and business owners whose business activities is first conducted in the City after October 1, 2021, and all restaurants no matter when their activity began. must obtain a non-transferable annual permit for the following activity: (i) Agricultural farming activities on public property; (ii) Vehicle repair and detailing; (iii) Vehicle sales; (iv) Motor vehicle service stations; (v) Bicycle rentals, sales, and service; (vi) Commercial nurseries; (vii) Outdoor dining/seating areas when part of a permitted and licensed restaurant. (b) Required conditions of business activity outside of a Fully Enclosed Structure: (i) Outdoor business activity. other than a restaurant. that is first conducted on or after October 1. 2021. and all restaurants with outdoor seating/dining (the Use) are only allowed if the business enters into an agreement with the City to comply with all of the conditions set forth in this subparagraph (b). (ii) The Use must not Abut a single-family dwelling. two-family dwelling or townhouse; (iii)All structures that are associated with the outside activity must be acoustically well-buffered so that no sound from within any building that services outdoor activity is plainly audible at or inside the property line of any property that is a single-family. two-family or townhouses. with the exception of random. unintentional and intermittent sound created, or escaping from the structure, when people enter or leave tbe structure; (iv)The owner of the property and operator of the business do not allow outdoor vocal sounds, music or the use of any device that emits sound. including but not limited to outdoor electronic speakers. handheld electronic devices. or musical instruments. by anyone, including Page 4 of24 837122 Ord. No. 19-21-2409 customers, or other sound emanating from the outdoor business operations if the sound is plainly audible at or inside the property line of any property on which there is a townhouse. single-family dwelling or duplex (two-family dwelling) (Residential Property); (v) Nothing contained herein is intended to authorize sound that would otherwise be in violation of the City's Code, including the City's noise ' ordinances. (4) Special events exempted. Retail sales and activities associated with special events such as, but not limited to, art fairs, art festivals, fund raising events, and special promotion programs which have received a Special Events Permit from the City shall is not be required to obtain a permit for the outside display of retail merchandise as set forth in this ordiAanee Subsection (V). (5) Reserved. Outdoor Seating/Dining. (a) Definitions. Solely for the purposes of this Subsection (V). the following words, terms and phrases, when used in this Subsection (V) will have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning: Abut or Abulling means that one lot or parcel is contiguous with another lot or parcel or separated only by a right of way. Applicant means the person or entity that applies for a permit. City means the City of South Miami, except that when the context suggests an individual will take some action on behalf of the City, the term City will be interpreted to mean the City Manager or designee. City Manager means the City Manager or the City Manager's designee. Code compliance officer means the code compliance officers or code enforcement officer, or any other authorized agent or employee of the City whose duty it is to assure compliance with the City's Land Development Code or the City's Code of Ordinances. Commercial Properties means real estate that is used for business activities but not including residential properties located in any residentially zoned districts other than RM-24 and they are in or contiguous to the Hometown District Overlay Zone. Contiguous with a public right-of-way means outdoor locations that abut the public right-of-way and are not completely separated from such right-of-way by any permanent structures or walls. Fully Enclosed Building means a building whose openings remain closed except for the normal and reasonable opening of doors when entering or leaving the building. Menu board means a board a11owing for the posting of a restaurant's menu and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. Nuisance means any of the places or acts defined by Section 823.05, Fla. Stat., Page 5 of24 838123Ord. No. 19-21-2409 Outdoor seating and dining means tables and/or seating that are situated outdoors and where food and/or beverages are sold, served and/or consumed or where they are intended to be sold, served and/or consumed and includes sidewalk cafes. Outdoor means an area outside of a permanent structure that may or may not be permanently covered with a roof. Permanent Structure means a structure permanently affixed to the groWld, which has four walls and a roof and that might or might not have an opening to the outdoor seating and dining areas. Permittee means the recipient of an Outdoor Seating/Dining Permit under the terms and provisions of this paragraph (5). Permit Year means the City's fiscal year that commences on October 1 and that ends on September 30 of the following calendar year. Restaurant means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for conswnption within the premises. Right-of-way. or public right-of-way, means land in which a governmental body owns the fee title or has an easement devoted to or required for use as a transportation facility including sidewalks and streets. Sandwich board sign has the same definition as set forth in Section 20-4.3(8) under the name "Sign, portable outdoor dining." Seating means any type of chair or other furniture provided for or used by customers for the intended purpose of sitting while consuming beverages or food. Sidewalk means that portion of the right-of-way which is intended for use by pedestrians and is located between the curb line or the lateral line of a street and the adjacent property line. Sidewalk cafe ("Cafe") means an outdoor seating and dining use located on a right-of-way or on private property that is contiguous with a public right-of-way and which is associated with a restaurant and is primarily characterized by tables and chairs; may be shaded by awnings. canopies or umbrellas: and may include such other sidewalk Cafe furniture as permitted and/or approved pursuant to this paragraph (5). Sign has the same meaning as provided for in Section 20-4.3 of this Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking. Table means any furniture which is used for the placement of food or beverages. (b) Outdoor seating/dining is permitted on all commercial properties located anywhere in the City with the exception of commercial properties located in the NR Neighborhood Retail. the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts. Outdoor seating/dining is only pennitted in the NR Neighborhood Retail., the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts if they are located within or contiguous to the Hometown Page 6 of24 839124 Ord. No. 19-21-2409 District Overlay Zone {HD). If the property is outside of, but contiguous to. the HD. it must be unified with a property that is within the HD and the owner must have recorded a Unity of Title as to those parcels; and (c) A permit application for outdoor seating and dining or a sidewalk cafe on public property or on public rights-of-way or on private property contiguous with a public right-of-way, must be filed with the Planning and Zoning Department and approved by the City Manager prior to such use. The application must include a layout {site plan) of the location of all tables. chairs (including number and type of chairs). benches. and other furniture: pedestrian ingress and egress: location of refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area {all drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly indicate which seats and tables are on private property and which are on the public right-of-way. The City Manager may require that an amended site plan be submitted in order to address specific problems. At least seven (7) days prior to the City's Manager's decision on an application for a property that is located in the NR Neighborhood Retail. the RO Residential Office or RM-24 (Medium Density Multifamily Residential) zoned district and located within or contiguous to the Hometown District Overlay Zone (HD). the City must post a sign on the subject property which identifies the nature of the pending application and the means by which questions or comments on the application may be directed. The City Manager will consider any comments received by the public prior to issuing a decision on the application. (d) A permit for a sidewalk cafe or outdoor seating/dining areas and uses of the public right-of-way and/or any private property contiguous with a public right-of-way (hereinafter referred to as an "outdoor seating/dining permit") may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent. purposes. standards, and requirements of the related regulations by the City Manager. Such outdoor seating/dining permit is not transferable in any manner and it is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual business tax receipt. annual proof of compliance with the requirements of this ordinance, including insurance and. if applicable, payment of the per seat fee set forth below. ( e) The fee for outdoor seating/dining permit will be charged annually, and paid at the same time as the applicant/permittee pays its business tax receipt. for each outdoor seat located on public rights-of-way or on any private property contiguous with a public right-of-way and/or any stand-alone table top with no seating which is provided in conjunction with the sale of, or intended to be used for, or in the course of. the consumption of beverages or food. If the applicant has an existing restaurant, the initial fee will be prorated based on the time remaining before the applicant's business tax receipt expires. The permit fees to be charged will be set forth in the City's schedule of Fees. Page 7 'of24 840125Ord. No. 19-21-2409 The permit fee will be added to the annual business tax receipt and the payment of all outstanding violation fees for the main business. No outdoor seating/dining permit will be issued while the applicant/permittee is delinquent in the payment of any money owed to the City. (t) The applicant/permittee must provide the City with: (i) A copy of the business tax receipt from the City of South Miami: (ii) Copies of all required health department permits to operate a sidewalk cafe or equivalent outdoor seating/dining restaurant: (iii)A policy and/or certificate of insurance and an indemnification agreement that is acceptable to the City Manager and that provides for compliance with the City's insurance and indemnification requirements, including: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; b. For sidewalk cafes and other outdoor seating/dining area that serve alcoholic beverages, liquor liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; c. A Workers' compensation and employers' liability policy as required by the state of Florida; d. The City must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement to cover liability applicable to outdoor seating/dining and/or sidewalk cafes as described in this paragraph (5): e. All policies must be issued by companies authorized to do business in Florida and rated A-VIII or better per Best's Key Rating Guide. latest edition. The City Manager may increase these insurance requirements provided such requirements are applied to all parties similarly situated; f. Proof of insurance must be provided to the City as a requirement of the pennit. If such proof is a nonbinding certificate. the applicant/permittee's insurance agent or carrier must annually advise the City in writing, on a form acceptable to the City Manager under penalty of perjury, of the insurance coverage being provided. the term of the coverage and verifying that the outdoor seating/dining area and the City are covered by the required insurance. Such affidavit/declaration must include the policy number, company name and company contact information and the fonn numbers of the policy and all of the endorsements to the policy. City administrative staff may contact the permittee's insurance company periodically to verify the existence and continuance of such insurance; however, this in no way relieves the insurance agent of the agent's duty to provide truthful information to the City. Unless the owner or operator of the outdoor seating/dining area provides the City with a binding certificate of insurance and an endorsement to provide the Page 8 of24 841126 Ord. No. 19-21-2409 City with at least ten ( l 0) days' advanced notice of intent to cancel the policy, the owner or operator must pay the City a fee each time the City contacts the insurance company, to cover the cost to verify existence of coverage. Failure to comply with these reguirements will be deemed to be operating without a valid permit and, upon a finding by the City Manager that such failure has occurred, will cause an immediate suspension of the permit and the assessment of a daily fine as set forth in the City's schedule of fines until the permit is revoked or the reguirements are met. Applications for permits must include an indemnification of the City for any and all liability associated with the pennittee's operation of the sidewalk cafe/outdoor seating and dining area. (g) It is a violation of this paragraph (5) to operate the sidewalk cafe/outdoor seating and dining area in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or that in any way constitutes a unreasonable risk of injury to persons or damage to property or potential liability to the City (h) An outdoor seating/dining permit may be temporarily expanded by the City Manager upon receipt of a written reguest including a site plan during special events. (i) An outdoor seating/dining permit area must be kept in a neat and orderly appearance and must be kept free from refuse and debris. The perrnittee is responsible for daily cleaning and sweeping of the sidewalk cafe area and for the cleanliness and maintenance of any outdoor planters immediately adjacent to the outdoor seating/dining area. Cleaning includes twice-monthly pressure cleaning or other appropriate cleaning methods, as determined by the City. Use of City sidewalks for trash and garbage removal is prohibited. (i) A sidewalk cafe must not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service casements, handicap facilities, or access to any other public, residential or commercial establishments. The width and location of the sidewalk pedestrian passage through the sidewalk cafe must be as follows: (i) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and dear for pedestrian passage; (ii) If there is seating on two (2) sides of the sidewalk, a minimum of five (5) feet of sidewalk between the two (2) seating areas must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian passage: (iii)AU outdoor furniture, including but not limited to, tables, chairs and umbrellas (excluding outdoor planters). must be located a minimum of eighteen (18) inches from the curb. (k) A sidewalk cafe on the public rights-of-way must be open and unenclosed. No building structures of any kind is allowed in or over any portion of the outdoor Page 9 of24 842127Ord. No. 19-21-2409 seating/dining area located on public property. except by prior express written authority of the City Manager. (I) Tables. chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights-of-way may not be anchored or restrained in any manner. Individual t~ble umbrellas, planters. or other such non-stationary elements may be pennitted within the outdoor seating/dining area and, where applicable, must have a minimum clearance height of seven (7) feet above the sidewalk. (m)A sidewalk cafe must apply for and receive advanced written specific approval to provide amplified sound of any kind in the outdoor seating area. In the event the City Manager detennines that the amplified sound constitutes a nuisance as defined in this Subsection 20-3.6(V). the City Manager will impose additional conditions; in the event of a second offense, the City Manager wil) revoke the approval authorizing the use of amplified sound. Sound must be kept at a low volume so as to not disturb neighboring businesses, residences, or to be audible in neighboring residential districts. Plans for amplified sound must be submitted with the site plan. Each establishment must sign an agreement in order to have amplified music. (n) A sidewalk cafe on public rights-of-way is restricted to the length of the sidewalk or public right-of-way immediately fronting the sidewalk cafe unless expressly authorized in writing by the City Manager. The utilization of space extending beyond the subject property frontage onto the immediately adjacent property may be authorized by the City Manager with the express written approval of the adjacent storefront owner; however, the seats and chairs in this location may not block the adjacent storefront windows. This expansion is subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form must be provided to the City and must include an insurance policy naming the City as an additional insured and a hold harmless clause in favor of the City. ( o) A sidewalk cafe must be at the same elevation as the adjoining sidewalk or public right-of-way unless expressly authorized in writing by the City Manager. (p) Carts and trays for serving food are pennitted in the outdoor seating/dining area but must comply with the provisions of paragraph 9(a) and (b). (q) The maximum number of outdoor seats may not exceed eighty (80) percent of the number of indoor seating. except for restaurants with indoor seating of twenty-five (25) seats or less which may have outdoor seats not to exceed one hundred (100) percent of the number of indoor seats. (r) During the operating hours all outdoor furniture must be securely placed as shown on the approved site plan or as may be ordered by the City Manager in writing. After operating hours, outdoor furniture must be neatly stacked to a maximum height of five (5) feet without blocking the sidewalk. A City approved cover may be required by the City Manager for chairs left outside when stacked. (s) No person, property owner. lessee or restaurant may allow outdoor seating/dining without a pennit. Each day that outdoor seating/dining or similar activity occurs without a permit or in violation of the site plan, constitutes a separate incident of violation and results in a fine for each day of continued Page 10 of24 843128 Ord. No. 19-21-2409 violation. The continuing operation of a sidewalk cafe or any outdoor seating/dining activity without a permit as required by this ordinance after the receipt of a violation notice from the City Manager may also result in the revocation of the restaurant business tax receipt pursuant to Section 13-16 of the City Code. (t) Any violation of the regulations and standards set forth in this paragraph (5) constitutes a separate violation. The violator of a subsequent violation of any of the regulations and standards set forth in this paragraph (5) will be fined for each day of such continued violation as set forth in the City's schedule of fines. The continuing operation of an activity governed by this paragraph (5) without a permit or with a suspended permit or after the receipt of a violation notice from the City Manager and the failure to timely cure the violation. may result in the revocation of the business tax receipt of the person or entity responsible, pursuant to Section 13-16 of the City Code. (u) The City will issue twenty-four-hour warning notices for all non-life safety violations of this paragraph (5) which must be corrected with twenty-four (24) hours of receipt of such notice. (v) No warning notices are required prior to the issuance of a violation for failure to have a permit or for life safety violations and/or life safety or sidewalk cafe site plan violations and such violations must be corrected immediate]y. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the City Manager, involve serious danger and/or risk to the public health. safety or we]fare (including. without limitation, b1ocking pedestrian pathways and violations of the state accessibility code for building construction). Life safety outdoor seating/dining site plan violations are defined to include those instances where the pennittee is operating outside of the permitted outdoor seating/dining use area (as approved pursuant to this code) such as where sidewalk cafe furniture is found outside the approved boundaries of the outdoor seating/dining use site plan; but will not be deemed to include instances where a chair or chairs are temporarily moved outside the approved boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such unauthorized location for more than fifteen ( 15) minutes. (w)If City personnel finds a violation of this ordinance after a twenty-four-hour warning notice of such violation as been previously issued. then a notice of violation will be issued to the violator. No such warning notice is required for the failure to have a va]id permit or for life safety violations of this paragraph (5) and for life safety outdoor seating/dining site plan violations. and a violation may be issued at any time. (x) The City Manager or designee may order all furniture. including. but not limited to. seats, tab]es, and planters to be removed in the event of a pending stonn. hurricane. or other declared emergency . (y) Tables. chairs and other furniture on the sidewalk may be removed by the City, and a reasonable fee charged for labor. transportation, and storage as well as a fine which is initially set at two hundred fifty dollars ($250.00) and which will be levied against the person or entity who owns and/or controls such furniture. should the responsib!e person or entity fail to remove said items within thirty- Page 11 of24 844129Ord. No. 19-21-2409 six (36) hours of receipt of the City's notice to do so for any reason under this paragraph (5). In the event of a pending stonn. hurricane or other declared emergency, the City Manager may reduce the thirty-six (36) hour time frame. The City Manager will promulgate and review, as needed, regulations regarding the storage and disposition of sidewalk cafe furniture under this paragraph (5). (z) An outdoor seating/dining pennit may be temporarily suspended by the City Manager for public use/purpose, utility, sidewalk or road repairs, emergency situations. The length of suspension will be determined by the City Manager as necessary. Removal of all street furniture and related obstructions is the responsibility of the permittee as well as the owner/operator of the outdoor seating/dining area. (6)Limited effectiYe area. (a)Tke rights and prh·ileges granted by this ordinance are a\'ailable only to properties located v.«ithin the Zoning Use Districts ofgR, NR end TODD MUS. (b)A business establishment may only place outdoor displays en pri•1ate property. (6) Outdoor Seating/Dining Within the Downtown SoMi (OS) Zoning District. (a) Outdoor seating and dining or a Sidewalk Cafe on private property within the Downtown SoMi (DS) district is permitted upon approval of an outdoor seating site plan filed with and subject to administrative approval by the City Manager and the issuance of an outdoor seating and dining permit. The application for such administrative site plan approval must include a layout (site plan) of the location of all tables, chairs (including number and type of chairs), benches, and other furniture; pedestrian ingress and egress: location of refuse containers: location of approved outdoor speakers: and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation. and be at an acceptable scale). If applicable, the site plan must clearly indicate which tables, chairs. benches, and other furniture are on private property versus within a public right-of-way. Approval of outdoor seating/dining is subject to the availability of sufficient parking for said use and that accessibility and life safety standards are met, as based on adopted ordinances and building codes effective within the City. In addition, outdoor seating and dining within the OS district must comply with and is governed by Subsection (V) paragraph (3)(b)(i) through (v) and (vii) and paragraph (5)(m), (t), (u), {w) and {x). (b) Outdoor seating/dining located within a public right-of-way that is adjacent to or within the DS district is required to comply with the provisions of paragraph (5) of this Subsection (V). (7) A business license/Business Tax Receipt {BTR) or a pennit to operate outside of a structure may be revoked or suspended by the City Manager. ~ Suspension. The City Manager may suspend a pennit or a BTR for up to 30 days upon a finding that one or more of these Subsection (V) regulations Page 12 of24 845130 Ord. No. 19-21-2409 have been violated or, in the case of a sidewalk cafe (Cafe) or Outdoor Dining, the business is being operated in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or in any way constitutes an unreasonable risk of injury to persons or damage to property or potential liability to the City provided the following conditions are met; (i) The City Manager is authorized to set the period of suspension, but it must be established by the City Manager as an administrative order that is consistently enforced against businesses that are similarly situated: (ii) the City Manager has given the business and property owner a courtesy Notice of Civil Infraction (Citation) of the violation and a reasonable time to correct the violation if the violation cannot be immediately ceased: (iii)A second violation of this Subsection M; (iv)The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing: (v) The business and property owner are given a reasonable opportunity to be heard and to present evidence and cross examine witnesses (vi)The City Manager finds by competent substantial evidence that this Subsection {V) was violated {Substantiated Violation); (vii) In lieu of a hearing held by the City Manager. the City Manager may suspend the permit or BTR if the owner of the property and/or business owner who conducts outside commercial activity has been found to have violated this Subsection {V) by the City's Special Magistrate (Substantiated Violation) in accordance with the procedure set forth in Section 2-25 of the City's Code of Ordinances. ill Revocation. The City Manager may revoke the BTR or pennit after a hearing if there have been three (3) or more violations of this Subsection {V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48 , Fla . Stat. for service of process. or certified mail delivery. or if the business or property owner have been communicating with the City by email. then service may be by email to which the owner either responds or in which the owner confirms receipt of the email. no later than ten {10) days prior to Page 13 of24 846131Ord. No 19-21-2409 the date of the hearing and an opportunity to show cause why the BTR or pennit should not be revoked ~ (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. {£) Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or pennit for failure· to comply with these regulations may be appealed by the property or business owner to the City Com.mission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section I 3-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in guestion clearly meets the definition of a nuisance as defined in this Subsection 20-3.6(V) The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated. if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). Section 3. Chapter 20 Section 20-3.3(0) and (E) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.3 -Permitted use schedule . ••• (D) ••• **** **** **** **** **** Opticians or p p p Optical Goods Personal p p p p Skills Instruction Studio**** Photographic p p p Studio Physical s $ s Fitness Facility**** **** p p p p Page 14 of24 **** **** **** **** **** p p p p p p p p p p p p p p p p p **** **** p p p p 847132 Ord. No. 19-21-2409 Physical p p p p p p p p Therapist **** **** **** **** **** **** **** **** **** **** **** *** [Footnote]**** All aoti'Jities must only ooour within a f1:1lly enolosea, sounaproof struoh:.1re and all openings shall remain slosed e*sept for immediate use i.-.•hen entering or leaving the building. e'liaenoe of suoh sounaproofing shall ee pro1i•iaea to the satisfaetion of the City. All businesses that adjoin or abut a single-family or multi-family zoned district may not be open before 8:00 a.m. and must close on or before 7:00 p.m.; otherwise if they are not adjoining or abutting such districts they it shall not be open before 6:00 a.m. and it-they must be closed on or before 10:00 p.m. No sauna emanating from the premises may be auaible at the property line so as to disrupt the reasonable oonauot of basis human aoti 1Jities, e.g., contemplation, con1Jersation or sleep. The fact that sauna is audible at the property line oonstitutes prima faoie e'lidenoe of a violation of this seetion of the Lana De•,elopment Coae. Gross floor area of the use shall not exceed two thousand (2,000) square feet. *** (E) Outdoor Seating/Dining. (1) Outdoor seating,idining is peffilitted on all commercial properties located Bflywhere ie the City with the eneeption of commercial propeRies located on R}.4 24 (Meeliem Density Multifamily Resideatial) 2oned districts \1rhich are locates within the Hometovm District O•,•erlay Zone (HD) aad i:R the NR Neigheorhood Retail aRd the RO ResideAtial Office 20ning districts. Outdoor seatieg,Ldieiag is oAly peffilitted iR the Jl,JR Jl,Jeigheorhooe Retail, the RO ResieeRtial Office and R.\4 24 (MeEiilfffl Density Ml:lltifamily Resideetial) 2:oned districts if they are located within er eontiguoes to the Hometewn District Overlay Zone (HD) aBEi operate uneer the followieg conditions: (a) Outdoor seatingldiniAg is ORiy allowed if the eusieess that is seekiRg a peffilit for this ese enters iRto an agreemeAt wit:h the City to comply with all of the coneitions set forth in this sl:leparagraph ( 1 ); (h) The peffflit is not tmnsferaele; (e) The use does not Ae\it a single family dwelling, t\vo family dwelling or towahoese (d) the ese is acoustically well euffered so that ne SOUR8 emanatiflg ft:om within the h1:1ilding that ser.·ices outdoor dining is plaiRly aeaihle at or iAside the property line of any property that is a siRgle family, two fflffiily or to't'm:house, ·Nith the e*eeption of intenmttent souRds of short duration associatee with doors eeing openee betweea a building that services 01:1:tdoor dining and l¼AY oeteoor dieing area; (e) the O't'lfler of the property l¼Ad operator of the b1:1:siness do Rot allow oetdoor music or singiflg or the use of any device that emits souRd, incluEling eut not limited to Ol:ltdoor electroAic speakers, handheld electroftie Eleviees, or m1::1-sical instrameats, ey anyone , ieclueing customers, if the sauna is plainly Page 15 of24 p **** **** 848133Ord. No. 19-21-2409 aeelible at or insiele the property line of DRY property on whieh there is a to·Nnho1:1se, smgle family el•11elling, or a elupleM (two family dwelliag); (f) If the property is outside of, but eontigtteus to, the MD, it m\:lst he UR:ifiea with a property that is within the HD ana the o'twer m1:1st have recordea a Unity of Title as to those pare els. (2) /'•, peffftit applieatioA for O\:lteloor seating and diAing or a siciewa1k cafe OR publie property or oA puelie rights of way or on pri\•ate property eoAtiguoHs •• ,,.ith a pl¾blic right of •Nay, must be filed 1Nith the Plannmg and Zoaing Depa-rtmef!:t and appro:Yed ay the Cit)• Maaager 19rior to sHeh use. The applicatieA m1:1st iAeluae a layout (site 19lan.) of the loeatien of all tables, chairs (includiag m:1mber anEI t)·pe of-chairs), benehes, anEI ether fl:tmit1:1re; pedeskiaH iugn::ss w:ul egress; location of refuse contaiflers; location of approYed outdoor speakers; and other elements necessary to illustrate the proposed outeloor seatiAgtdieing use and area (all dre1wiRgs mHSt be tided, iRelicate orieatatioR, anel ae at aa acceptable scaJe). If applicable, the site plan mHsl clearly indioate •,vhich seats and tables are on priv~te property aael 11.•kieh are on the puhlic right of vray. The City Manager may reqlHre that aa ar-nl!f!ded site plan he sHbmitted in oreler to address Sf)ecific prohlems. At least se•.1en (7) days f)rior to the City's Manager's decision on an application f.or a property that is 2:oned NR Weighhorhooa Retail, RO Residential Offiee or.RM 2q that is locate in or contigtious to the Hometo,¥A Distriet O·,•erla,• ZoRe (HD), the Cit)• JBtiSt post a sign en the subjeet property ,.,,hich identifies the naft:lfe of the pendiag application ami the means hy which questions or comFAents on the applicatioa ma,• be directea. The City Manager Fnust consider any eemments received by the public prior to issuieg a deeisiee on the application. (3) The f.ollo1+,•ing words, teFFHs and phrases, when 1:1Sed in this code, shall hwre the meanings ascribed to them in this section, e*eept where the eoetext clearly iedicates a different meaAing: Abut or Abuttiag Fneans tRat one lot er pareel is contiguous with anotker lot or pareel or separated only by a right of way. l\:pplicant means the persoR or eRtity that applies f.or a peffftit. City means the City of South Miami, e~ccept that when the eonte*t suggests an indi,•idual will take some action on hehalf of the City, the teFFH Cit)· shall he interpreted to mean the City Manager or designee. City Manager means the City Manager or the Git)· Manager's designee. Coele compliance offieer means the code eom13liance effieers, or any other authorirred agent or employee of the Cit)• whose dut)• it is to assHre coraplianee with the City's Land De1relopment Code or the City's Code of Ordinanees. Commercial Properties means real estate that is Hsed f.or business activities but not i-Rcluding residential properties loeated in BA)' residentially 2:oned districts other than RM 24 and the)' ar:e in or eontigHous to the J.lometo1,vn District O•rerlay Zofle: Page 16 of24 849134 Ord. No. 19-21-2409 Contigl!OUS 'Nith a pablie right of wa-y, fer purposes oft:his seetien only, sha-11 Jfieen oatsoer locations that abut t:he 1:n:1blic right ef v,r-e;r and are Hot eofflpletely separated fFeffl saeh right of way ey any J:lermaaent struetures or walls. Mena boars means a hoard allowing for the posting ef a resta1::1FaAt's men1:1 aed fabricates in s1:1ch a manner se as net to eenstitute a farm of geaefftl ad•,rertisiag or establishmeet idemifieatien. O1:1td0or seatiflg S:Rd diAing means tahles and/or seating t:hat afe situated 01:1tdoors enel. 1Nhere food and/or heverages are sold, sen•ed and/er coHsumed or where they ere intended te be selel, serYeel and/or eensl:lB'l.ed aad inel1:1des siele·.•,alk eaf~s. Outdoor, fer purposes ef this seetieR only, shall meaa an area outside of a permaneRt straet1:1re that may or may ROt be peffllaneRtly co,·ereel ·.vith a roof. Permanent Smieture, for fH¾rposes of this seetion only, shaJI mean a stnJctttre pemianeAtly affixeel to the greanel, vlhich has four walls BAd a roof and that might or might aot have an opeRiag to the omdoor seating and diniflg areas. Permittee mellfts the recipient of an Outdoor SeatiRfifDiniag Peffllit U:Ader the terms aad proYisiens of t:his seetion BAd for p\:lrposes efthis section oR:ly. Permit Year means the City's fiscal year that commences on October I aael. that eads on September 30 of the following calendar year. Restaurant fer purposes of this sectioa only, means a food serYiee esta-blishment that is maiatained and operated as a plaee 'tvhere food and/er heverages are prepared and/or seFYed and sold for consumptioa wiH=tin the premises, or a husmess esta-blislmient \¥B:ieh t1as, as an Cl:fleillary er secondary use, a part t:hereef where food and/or aeverages are prepared Cl:fldlor sef\•ed Cl:fld sold for eonsl:lfllptioe wilh:ie the premises. Right ef wa:y, or puhlic right of way, for p1:1:fJ3oses of this section oaly, means laHd in \¥B:ich a go•,•emmeRtal hod~, OWflS the fee title er has Cl:fl easement de,•eteel to or reqaired for use as a tranSf)ertation facility incl1:1ding sidevralks Bftd streets. SBfldwieh board sign. shall have the same defieitioe as set forth in Seetioe 20 4 .3(8) U:Ader the name 11 Sige, ponable outdoor Elfoiag." Seatiag means any t)'J:le of cha,ir or other furniture provided for er used by eastemers fer the intended purpose efsitting "t¥Rile eoasamiBg heverages or food. Side• • ..,alk meaas that portion of the right ef way whieh is iatended fer use hy pedestrians and is located hetween the curb lifie or the lateFa:l line of a sa=eet and the adjacent property liee. Side\•;alk eafe ("Cafe") meaas an outdoor seatieg and dinieg use located on a rigkt of wa:y or on pri,•ate property teat is contiguous with a public right of way and whieh is associated with a restaarCl:flt Cl:fld is primarily charaeteri:z:ed by tables 8:Fl:d chairs; ma~• be shaded h~· awniAgs, caHopies or umhrellas; and may ieel1::1de su~h otker sidev1•alk Cafe furniture as permitted and/or 8f>pro·1ed p1;1rsuaet to this seetien. Sige shall ha•,•e the same meaRing as pro 1t1ided for in Secti~A 20 4.3 ef~his_eoe:ie. Street mea:As that =portioe of a right of wa,• impro•,ied, designed or ordmanly used fer ,,eruculer a=affic and/or parldng. Tahle mea:As any furniture which is used for the placement of food or be\'0fages. (4) A permit for a sidewalk cafe or outdoor seatiAg,4:lining areas aed uses of the public right of way and/or any private property contig1:101:1s with a p\:lblic rigkt Page 17 of24 850135 Ord. No. 19-21-2409 of w-ay (hereieafi.er referreEi te as an "01:1tdoor seatiewaieieg permit") may ae appro¥ed, denied, er appro•,•ed with eoeeitiees, modifieatioes safeg1:1ards or · stipl¼latioes appropriately anEi reesoBably related to the i~eat, pUfJ)o~es, standerels, and requiremeats of the related regl¼lat.ioes by the City Manager. S1:1eh outeloor seatie~elie,ieg permit shall eet be transferable ie ooy mar.ner anel is strietly a eoeelitioBal use 1:1ermit; issueel for a period of one year, renewable anBually yfa paymeet of the annW!l b1:1siness tmt reeeipt, er.nual proof of eomplianee with the requirements of this ordinaRee, ineluelieg iasuraaee aed, if apf)lieable, f)El)'mem of the per seat fee set ferth belo•.v. (5) The fee fer outdoor seatiegtelieiag permit shall be ehargeel er.nuall)', aeel paid at the same time as the applieant/permittee pEl)'S its business tax reeeipt, for eaeh outeloor seat leeated oe publie rights of wa)' er OR OO)' private property eoetiguo1:1s ·.¥ith a publie right of ·.vay Emel/or an)' staAd alone table top \'lite no seatiag •,i,'Rieh is provided ie eenjunetion with the sale of, or intended to ae u,sed for, or in the course of, the eonsumption ofae¥ereges or feed. If the epf)lieant hes an existing restaUfaRt; the initial fee sha-11 ae prorated eased on the time remainieg befere the applicoot's b1:1siness tax receipt expires. The permit fees to be eberged skall be set ferth ie the City's Sehed1:1le of Fees and Fiees. The permit fee shaJI ae aelded to the ar.nual eusieess tax reeeipt anel the payment of all outstaRdiflg violation fees for the main b1;15iness. 'Ne outaoor seatiewdieing permit shall ee issuecl while the Bf>plicant/permiuee is delinq1:1eet ie the pEl)'ment of any money oweel to the City. (6) The epplicant/permiuee shall pre·,•icle the City with: (a) A eep)' of the busieess tax receipt from the City of Seatb Miami. (h) Copies of all reeiuired health elepartrneat permits to operate a sidewalk eafe er equh•aleflt outeloer seatiag,ldiHiRg restaurant. (e) A f>Oliey BRdtor eertifieate ef iasurance anel 8f1 inelemftification Bgfeernent tflat is eeeepteble to tfle City Manager aAel that pro:vides for compliance with the City's iasHffifiee anel iaelemnification req1:1ireraeats, iBel1:1eli:ng the fellowiag: (i) Commereial geHeral liability insurance ia the ame\:Hlt of eae million dollars ($1,000,000.00) per occurrence for bodily iH-jw:y anel f)roperty elamege. The City rn'l:lSt be named es an additional insured en this policy, and cm eedersemeAt must be issued as part of the policy reflecting eompliance with this requiremeat to cover liability applicable to 01:itdeer seatingtdiffillg anel/or siele,..,•alk cares as deseribed in this 0rdiflBF1ce. (ii) Fer sielewallc cafes anel other outdoor seatiagtclinieg erea that serve aleeholie beverages, liquor liability iesurcmee ia the amo1:1Bt of one millioa elollars ($1,000,000.00) per occurreHce for bodily iH-jury and property damage. The City must be named as oo additional ins1:1red on tkis policy, anel an enelorsemeat must he issued as f>B:11 of the policy refleetiag cempliBflee with this requiremeet to eo¥er liaaility epplieable to outdoor seating,ldiRing andtor sidewallc cafes es descrihed in this ordiRanee. (iii) Workers' eempeasatioe aRd em13lo)·ers' lieeility as required ey the state. All policies must he issued h~• eemJ:Jlfflies authori2:ed to de b1;15iness ia Florida and ratecl A VIII or hetter J:Jer Best's Key Ratiag Guide, latest editiea. The City Page 18 of24 851136 Ord. No. 19-21-2409 Ma.Rager ma,• iAcrease these iAsurat1ee requirements provides such requirements at=e applies to all parties similarly situated. Proof of iAsl:lfBFtee shall be pro·,ieled to the City as a requiremeat of the permit. If such proof is a aoabiasir1g c_ertificate, the appliear1Ypermittee's insurance ageRt or carrier shall ar.nually aelvise the City in ·.¥ritirtg, OR a ferm. aeeeptable to the City Maaager under peAalty of perjury, of the insuraBce co•,•erage heiAg proyiees, the term of the coverage and Yerifyiag that th:e outsoor seatiAlilfdiHiRg area aas the City at=e coYered e,• the requires iRsU:rOHee. 8ueh affida,•ittdeelaratioA shall inch:1de th:e policy aumber, company name a.eel compaey cofltact iRfermatioR and th:e form r1umbers of the policy aad all of the ensorsemeats to the policy. City ad-miR:istrotive staff shall contact the permittee's i:flsl:l:f&Ree COffi.flafl!Y periodically to •,•erify the eMistenoe aaa eoRtiAuanee of such ir1su.ra.Roe; howe•,•er, this iR Re W9?f relieves the inSl:lf&flce ageAt of the ager1t's d1:1ty to provide trYthftll infermatioA to the City. Unless the o·NAer or operator of the outaoor seati~di:Bing area pro•,ricles the City with a hincling certificate of insur&Bee aaEI an enelorsemeR-t to pro,•iele the Cit:,• w:ith at least teR ( l 0) da,•s' ad•,aaeed aotiee of ir1tent to cancel the policy, the owner or operator shall pay the City a fee of tv,ienty fh•e dollars ($25.00) each time the Cit:,• coataets the ifl5Ufaf1Ce company, to co~.ier the cost to ¥erify eKistence of coverage. FailYre te comply with these requiremeflts shall be deemed to be operatiAg without a val-id permit Bfld, upon a fir1ding by the City Mar1ager that such failure has occurred, shall ca1:1se an immediate suspension of the permit and the assessment ofa daily fine as set forth in tke City's Schedule of Fees and FiAes until the permit is re·,oked or the requiremer1ts are met. Applicatior1s for permits shall ir1ck:ide &fl indemnification efthe Cit:,• for any and all liability associated vlith tee permittee's operation of the sidewalJc cafe/outdoor seatir1g aaa dining area. ~ .A.:fl ot.-1tdoor seatin{lfdining permit may be re¥okecl or s1:1speRdeEI by the City MaRager. (a) 8uspensioa. The City manager may susper1d a pef'R'l:it fer 30 says upeR a fir1dmg tl=lat or1e or more conelitioas of these regulations ha•;e beeA violated or that the side\,•alk eafetoutdoor seatiRg BflS dir1ing at=ea is being operated ia a marJ1er that is incoRsistent with the appro:Yed site pla.R or constitt.-1tes a puelic nuisa.Rce, or ia BflY '#0,' constitutes a reasonable risk of iRjYf)' to persoas or damage to property or potential liability to the City provicled the followir1g eoaelitions are met: (i) the City Manager has gi•;eA the business aBd property owner a prior ·.vritteA Notice of Ci¥il lAfFDetion of the violation (Citati OR): (ii) there is a subsequent Yiolation that is the same er substaBtially similar to ana that ocet:1rs within 12 months of the violatior1 for ·n<hiel:1 the first Notice of Ch•il lflffaetion (Citation) was issues; (iii) the maeageF gh•es the ·1iolator rea:sonahle aotice of the suspeRSioA or termiaatioa hearing; (i'l) the ¥iolator is giver1 a reasoaable opportunity to he heard aAd to cress eKamine witnesses; (v) The maBager finEl5 by comf1etent suhstafltia:I e,rideace that iliis Subsection was •1iolatea (81.lbstantiated Violation); Page 19 of 24 852137 Ord. No. 19-21-2409 (·,•i) IR liel:I ofa hearing helEi by the City Manager, the manager may suspenEi the permit if the 0""8er ef the property er basieess 01+vner of the oatdoor seatiRgiltlining faeHity has been foantl to have ·1iolated this Sabseotion (81:ibstaatiated Violation) by the City's Speeial Magistrate in aceordanee 1+·.ritk the procedl¾fe set forth in Section 2 25 of the City's Code of OrdiRanees. (b) Re,·ocation. The City Manager FRa;' re·,eke the peffflit if there hw,e been three (3) or more Substantiateel Vielatiens, •fflthiR an~· 30 day period of tiFRe. (e) Appeal. A deeisieR by the City Manager to suspenel (inclading a suspensioR due to a noise violatioe go21emed h~· this Subsection (E)) or re'1oke a peffflit for faill¾fe to eoFRply with 'the one or more conditions or regt:1lations reay be a-ppeaJed by the perrnittee to the City Commissiee pw:st:1ant to the appeal procedure set forth in Section 13 1Q5 of tBe City's Code of Ordiaanees. Notwithstooding anything contained in Section 13 105, an appeal must be filed with tke City Clerk within thirty (30) days of reeeipt of•.witten notice of the City Manager's eeeision. An appeal of the City M8:Bager's decision does not stay the implemeatation of the City Manager's deci-sien. The City Cofflfftission must hear aAd enter a deeisien within sbct:y (60) da,is from the date the appeal is fileel. The City Manager's decision FRust be in ,,ffiting anel indicate the gr01,1nels for kis action aAd the pro21isions of the City's Code that ha21e been 'liolated, if any, andJor the public nuisanee er risk 1::1pon which the Eieeision of the City Manager was predicated. (6) An outeloor seatingtdining permit may he temporarily suspended by t:he City Manager for puhlic use/-pUFJ30se, utility, sidewalk or reael repairs, emergeRey sit1:1ations, or violations of provisioas cemained herein. The length of st:1spensioa shall be deterrniaeel by the City Manager as aecessary. Remo,·al of all street furniture anel related obstruetions shall be the res130nsibility of the permit:tee as ..,.,ell as the O'NHer/ef)erator efthe outdoor seatingileliRiBg area. (8) An outdoor seating,ldming peFFBit rnay be temf)OfBfil}' eKpanded by the City Manager upoe receipt of a •,1ffit:ten re~1,1est inclueliRg a site plaA elurfog special e¥ents. (9) An outdoor seat:ingtdining permit area shall be kept in a neat ;md orderly appeQfQflce anel shall he kept free from refuse and debris. The peFFRitt:ee shall he responsible fer daily cleaning and sweeping of the sidewalk eafe area anel fer the cleanliness ane maintenance of an~· outdoor planters immediately adjaceet to the outdoor seatingilelining area. Cleaning shall include t>.¥ice monthly pressure cleaning er ether 813propriate cleaning methods, es deteffflined by the City. Use of City side·Nalks for trash and garbage rerno•,ral shell be prohibited. ( 10) A side.,i.•alk eafe shall not interfere with the free anEi ueobstn1cted pedestriae or ·,ehicu1Bf' cit=eulatien of traffic, public access to any street interseetions, c1=esswalks, pablic seating areas anel ceH¥eniences, eus stops, alleys, service easements, handicap facilities, er access to any other p1:1blic, resideHtial er coFRmercial establishments. The wiath and location of t:he sielewallE peelestrian passage tl=H=ouge the sielewa.lk care shall he as follows: a) If there is seating oe one side of the sidewalk, a rninim1::1rn of fi,·e (5) feet of sid8'+11alk must reFRaie 1,1nobst:F1::1cteel by 01::1tdoor seating fuffiitl¾fe aAEi the FRaeeu-.·ering of ehairs, aed clear for pedestriaA passa-ge; Page 20 of24 853138 Ord. No. 19-21-2409 b) If there is seating on tv,io (2) sides of the sidewalk, a miRimum offi1Je (5) feet ef sidewalk bet·Neen the two (2) seating areas must remain 1:lflobstraeted hy outdoor seating fumih:lre OHS the maflel:PJering of ohairs, 8:ftd clear for pedestrian passage; c) All outdoor fumitl:H'e, including but not limited to, tahles, chairs and ufflhrellas (e*eh:tdi:Rg outdoor planters), sha,H be located a mmimsm Qf eigliteen (18) iHches from the curb. (11) A sia~¥alk eafe on the J:JUblie rigkts of way shall be epeR 8:ftd 1:lflenelosed. },Jo beildiag structw=es of 0:Ay kiad shall be allo•Ned iH and O'+'er any portion of the outdoor seating/diaing area loeateel OR peblic property, encef)t by prior enpress written al:tt:hority of the City Manager. ( 12) Tables, chairs 8fld all other fumiture use El ia the operation of an emeoor seating/diniflg area on the public rights of w~• shall not be anchored or restraiaed in 8fl)' mar.Her. lndi,,,idual table embrellas, 13lanters, or other such nofl stationary elements may be permitted ,.,cithin the o_utdoor seatiRg/diniag ar~a 8fld, where applicable, shall ha1Je a miniml:lm clearance height of seven (7) feet aboYe the sidewalk. (13) A sidewalk eafe m1:1st apply for B:fld receh•e ad\1aHced \¥Otten s13eeifie appro\'al to provide amplified sosnd of an~• kinEI ia the ol:ltEloor seating area. In the e·rent the City MaRager Eletermiaes that the amplified SOl:IRd c0Rstit1:1tes -a psblie m:1isanee, the City Manager shall impose additioeal conditions; ifl the eveftt of a second offense, the City MEH'lager shall re"+'oke the aJ:Jproval a1:1thoriziRg the use of amJ:Jlified souad. SouRd m1:1st be keJ:Jt at a low •Jolume so as to Rot disrurb neighboriHg businesses, residences, or to be audible iR Reighboring resideatiaJ districts. PIBRs fer amplified sol:lfld mllst be s1:1bmitted with the site plan. Eacli establishment must sigR an agreement in order to have amplified music. ( 14) A sidewalk caf~ on pllblie rights of way sliaH be restricted to the leRgth of the sidewalk or public right of way immeeiately fronting the sidewaUc cafe unless eKpressly aethori:ted ifl 'li'JFiting by the City Manager. The 1:1tiliat:ioe of SJ:Jace eKteHdiRg beyond the Sl:lbjeet property froetage onto the immediately adjaeeet property may be al:lthori:ted hy the City MEH'lager with tfle eKpress writtee apJ:1ro•1al of the adjaeeat storefront owaer; howe·rer, the seats il:Ad chairs ie this loeatioR may Rot block the ad:jacent storefront windoYJS. This eKpansien is subject to ar.mml '.'JFitteR eoHsent pro•lided by the property ovJF1ers iR froat of whose properties the ol:lteoor seating,ldiaing service wo1:1ld oceer. The &r.Hl:lal v.crittea consent farm shaU be J:IFO't'idea to the City aAd shall iRelude an ins1:1raF1ee J:JOlicy naming the City as aR additioRal insured and a hold harmless clause in fuyor of the City. (15) A side\valk eafe sliall be at the same ele-.•atioa as the adjoining sidev,calk or public right of way l:lfl:less eMpressly a1:1thori2ed iR Wfiting by the City MB:flager. (1 e) Carts and tr~1s for serviRg feed are permittee iR the m:ndoor seating,ldi.ning area b1:1t ml:lst comply with the pro•t'isioRs of 81:1bsectioa 9(a) aRd (b). (17) The ma:ximl::lftl Rl:lfRber efo1:1:tdoor seats shall not exceee eighty (80) percent of the FH:Hnber of iadoor seatiRg, e:Kcept for restaul'Bf!ts \",rith iedoor seatiRg of Page 21 of24 854139Ord. No. 19-21-2409 tweaty fi:ye (25) se~s or less which may ha•,•e outdoor seats net to eKseed ene hlilldred ( l 00) percent ef the HW'Aber ef indoor seats. (18) During the oper~ing hol::lfs all 01:1Moor Rmlitw:e must he securely places as sho•;ffi oe the appre•1eEl site plan or as may he ofdered by the City Manager in writing. After operating he1:1rs, 01:1tEleer atfffitl:¼re must he neatly stack:ed to a mBKinnHft height of fi.:ye (5) feet •n•ithoat bloelcing the sidewalk. A City appro:veEl cover may be reqwreEl b~· the City MElftager fur chairs left OHtside ,•Alen stacked. (19) No person, property 01+¥Rer, lessee er restaaraat shall allow oatdeor seating,ldining on a pablic right of way or ElftY Ji)ri•;ate Ji)roperty eontiguo\:15 ·Hite a pahlic rigbt of way without a permit. Each d&)' that outdoor seating/dining or similar activity eecl::lfs without a f)errnit er ie ,.,jelatiofl. of the site plaR, shall eonstitate a separate ineideRt of •,riolatieA end shall resHlt in a fiBe for each day of continued violation. The centinuiag epemtioR of a sieewallt lalafc ur tl:fty 01:1ltluuf seatieg.ldining activity without a 13errnit as required by this oniinflftce after the receipt of a :Yiolation eotice from the City Manager may also result in the revocatioa of ttie restmna.Rt eusiness ta-x receipt pursuant to Section 13 l €i of the City Code. (20) Arty •1iolation ef the regulations and standards set ferth in this sectioe shall eoHStitute a separate 'liolatioe anEl shall result in a fine for each day of coetinHed violation in an amol:lftt set forth in the City's Sehedule of Fees end fiees. A suesequent •1iolatioe of any of the regulations aHd stB:Adards set forth in this section shall result in a fiee for each day of such coetin:ued 'liolation as set forth ie the City's Schedule of fees aRd Fines. The continuieg operation of BR activity go,·emed by tkis section witho1:1t a permit er with a sus13ended permit or after the reeeipt of a •liolation eotice from the City Maeager end the faill:lfe to timely cure the violation, may reStilt ie the t=e•1oeation oftke busieess tax receipt of the person or entity t=espoesible, pursaa.et to Section 13 16 of fue City Code. (21) The City shall issue tweet)' four ho:ur warning notices for all non life safety ¥iolations of this sectioe which must be correctea witk t\•1enty four (24) ho1:1rs of recei13t of such Retice. (22) Ne •Naming notices shall be req1:1ired prior to the issuaAee of a violation fer faill:H'e to ha•,e a 13ermit or for life safety violations and,lor life safety or siaewelk cafe site plan violatioes and st:1ch Yiolations shall be corrected immediately. Life safety violations are defines as those eonditions 1Nhich, iR the reasonable determieatioR aRd judgment of the City Manager, involve serious danger and.Lor risk to the pl:lblic health, safety or •.,;elfare (inelHding, without limitatioR, blocking pedestrian pathways ana •,·iolations of the state eccessieility code for buildieg coestructioR). Life safety ot:1tdoor seating,ldieing site plan •;iolatioRs are eefined te iaeh:1de these instances where the f)ermittee is operating outside of the permitted 01:1tdoor seating,ldiRing 1:1se area (as appro•1ed p1:irs1:1ant to this code) st:1ck as where sidewalk cafe furniture is fo1:1ad eutsiele the epprn,.•ed boURdaries of the 01:1kioor seatin~dinieg use site plan; b1:1t shall not ee Eleemed to iael1:1de instances where a chair or chairs are temporarily mo¥ed outside the aJ:lproved houedaries of site plan by a sidewalk eafe patrnR(s) HRless it reFAeins ifl sueh ueauthericecl locatioR fer mere tha.A fifteen (15) minutes. Page 22 of24 855140 Ord. No. 19-21-2409 (23) If City persemtel finds a vielatioa of this ordinanee after a tv.«enty four hoHF warning eotiee of such Yiola-tioR as eeeR fJre¥iously issued, then a notiee of vielmion shall be issued to the violator. 'No such •,,;aming notice is required for the failw:e to ha•te a ,·alid pemiit or for life safety ¥iolations of this seetioe anel for life safety outdoor seetingldiHing site fllan violations, and a ,•iole:tion may ee issued at any time. (24) The City MaAager or designee may order all :fumiture, ieeluding, eut not liffl¾ted to, seats, tO:bles, and planters to be remo,•ed in the e,•eAt of a pending sterm, lnu=ricaae, er ether declared emergeHe~•- (25) Tables, ehairs and ether furniture en the sidewalk may be reme:ved by the City, and a Feasenable fee eharged for laber, transpertatien, and storage as well as a fiee Vf'hieh shell be initially set at twe huedred fifty dollars ($250.00) aAd whieh sha:11 be levied against the person or eetity \'rho owns &Hdlor eoAtrols sueh furniture, should t:he responsible person or entity fail to remo:Ye said items within th,irty six (3(i) hoHFs of receipt of the City's eotice to de so for any reasoR Uf.lder this sectioe. In tee event of a pending storm, hurricaAe er otaer deelared emergency, the City MaAager may reduce the thirty six (36) hmu time frame. The City MaAager shall 13romulgate and re•;iew, as neeeled, regulations regarding the storage and disposition ofsidewellc cafe furniture under this section. (f) Outdoor Seating/Dining Whhin the Do'+¥Atown SoMi (DS) Zenieg District. (I) Outdoor seetiHg and dining or a Sidewalk Cafe on pri:Yete 13roperty within tke Do•.wtoWB SoMi (DS) district is permitted t:1pon appro•lal of an outdoor seatiflg site plan filed with end subject to aelministrmive appre,.•al by the City MEmager. Tke application for s1:1eh administrative site ploo approYal shall iecl1:1de a layout (site plan) of the location of ell taeles, Cfleirs (incl1:1diRg number and type of chairs), benehes, and other furniture; pedestrian ingress end egress; loeati01'! of refuse containers; leeation of ap13ro¥ed outdoor speaJcers; end other elements eeeessEH)' to illustrate the proposed outdoor seatingldiAing use aAd area (all drawings must ee titled, indicate orientation~, and ee at en acceptable seale). If applicable, the site plan must clearly indicate which tables, caairs, benches, a:Rd other fumimre ere on 13rh1ate property :versus ,.,.,jt:hin a public Tigat of ·.v-ay. Outdoor seetingldining within pri:vate property shall be admieistr-eth,ely appro:\1eci ~· the City MEmager proYided that there enists sufficient parking for saiel use end that accessibility aAd life safety swnderds are met, as based on adopted ordiAaAees and building eodes effeeti:ve withiR the City. (2) Outdoor seeting/dini-ftg not located within pfr.,ate 13roperty and to be located within a J:)Ublie right of way adjaceRl to and within the DS district shall ee subject to the 13r0Yisions of Section 20 3.3(E), South M+ami Land De,•elopment Code. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Section S. Codification. The provisions of this ordinance will become and be made part of the City of South Miami Land Development Code as amended; that the Page 23 of24 856141 Ord. No. 19-21-2409 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 7. Scverability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holding will not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this~ day of 'ep1cmb r. 2021. ATTEST: 1st Reading -8/17/21 2nd Reading -9/7121 Page 24 of24 APPROVED: Mayor Philips: Commissioner Gil: Commissioner Harris: Commissioner Liebman: Commissioner Corey: 4-1 Yea Yea Yea Nay Yea 857 City's Exhibit 10 142 6/20/22, 7 :34 AM City Commission City Commission B) ROLL CALL D) MOMENT OF SILENCE E) PLEDGE OF ALLEGIANCE I) CITY MANAGER'S REPORT J) CITY ATTORNEY'S REPORT L) COMMISSION REPORTS, DISCUSSION & REMARKS N) CONSENT AGENDA 1.) A Resolution relating to the cost of the April 20, 2021 Special Election for the City of South Miami; approving the expenditure of $21,747.39 for the election costs. 3/5 (City Clerk) 6.) A Resolutio11 to budget; authorizi_ng a transfer of $14,839 from the Ci\y Manage1· General .. z ~ ~ I Jr Agenda Minutes Documents Share https ://southmiami .granicus .com/player/clip/137 4 ?view _id=2&red irect=true 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…3/4 On Fri, Jun 17, 2022 at 3:07 PM Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: 858 City's Exhibit 11 143 2021-12-24 Violation COMPLAINT AFFIDA VlT ST ATE OF FLORIDA ) CO NTY OF MIAMI-DADE) SS: Pursuant to §92 .525(2) Florida Statutes, I, Jorge Milian, make the following statements of fact: (I) My name is Jorge Milian and I reside at 6531 SW 62nd Ct, South Miami, Florida. (2) To the best of my memory, sometime in September of 2020 I downloaded to my mobile phone an application from Apple Application store by the name of' Timestamp Camera Free". (3) I was asked by the City Attorney if the App allowed the user to change the date and/or time and I was not able to find any way to change the date or the time of day. The App only allowed me the option of changing the format such as Oct 8, 2020, 6:38:33 PM, or 10/8/20 6:38 PM, etc., and every time that I have used it, it registers the same date and time as my phone that I used to download the application. ( 4) I took the following videos on the date and time reflected below which was on the same day and shortly after I was disturbed by the noise coming from the Stunnas Fit Gym (Gym) located at 6600 SW 62nd Ave, outh Miami, F 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…2/4859144 , } 1-B. The G) m propert) is separated from m)' home b) an alley and both my propert). and the property of the Gym abut this alley. When I investigated the .. ource of the ound. 1 sa\\ several people exercising in the alley on the north side ofth Gym and the people were going in and out of one of the Gym's two large garage doors which was open and stayed open while l observed this acth ity. These ,ideos were never edited or changed in any way from the time they were taken to the present date, and they fairly and accurately depict the sight and sound that I saw and heard on the date and at the time shown on each video: a. 2021-12-24 9.44 am JM Outside IMG 128750597 1 -- b. 2021-12-24_9.45 am JM Outside IMG_l80594079 c. 2021-12-24_9.47 am JM Outside IMG_l41953912 (5) I have compared the downloaded videos with the videos taken and saved on my phone and they are identical. Under penalties of perjury, I, Jorge Milian, on this il day of June 2022, declare that I have read the foregoing Complaint Affidavit and that the facts stated in it are true. !The date, time and Mr M·1· . ff ' · • 1 1 an•s initi 1 a 1dav1t for ease of identificat1· fas wer: added by the drafter of thi's on o the video. Page 2 of 2 860 City's Exhibit 12 145 Re&b y Micna e- M~11 e r c»f'rl« CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO . 21..-00.J.{31 Name & Address of Violator: Date & time of violation: t unna's Fit LLC 600 SW 6 2 nd Ave . out h M iami, Fl. ate: 03/30/2021 ime: 5:37 a .m. & 5:42 a.m. Date and time of issuance:~ S:-2.1 . 20.1=_( Code violated Condition of Bus iness Tax Receipt. See 2nd page of this citation for more details. w n er's Name and Address : Consoli dated Research a nd Planning Corp., 6796 SW 62 Ave , South Miami , FL ddress of violation : 6600 SW 62nd Ave ., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6 :00 a .m. Is this violation correctable 1? YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil p e nalty is $500 for each offense if yo u e lect to contest the cita tion or fa il to timel y pay the fine an d you may be liab le for reasonab le admi nistrative cost if fo u nd g ui lty of the vio lation. In addition, the fine may be a daily fine if t he vi o lation is correctab le and not t imely corrected2. Minim um ci vil p e nalty if you elect not to contest the ci tation and if it is a co rre ctable violatio n and it has been timely corrected, the fine is $340 for this o ffense . If it is a correctabl e vi ola tion and you fail to t imely co rre ct it, the fine is $340 per d ay until ii is corrected. The fi ne for a second violation of 1he same offe nce is 4 50 an d th e fine for the third or more violations of t he same offense is $500. ccept ance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the wner's or tenant's lawful representative. 1A • r r atio n " is not a e t of the same nor i s it an irreparable of irreversible violation. Authority of CEO4 City Sec. 2-25, 2-4.9 & Sec .162.01 -.30 & -1 ·66:11415, Fla. Stat. 'Timely corrected means the violation i s corrected an a wri en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(9), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083 , Florida Statutes." 4 CEO means Code Enforcement Offic er 861146 If you desire to appeal this citation you must file a written request with the CED, identifyin g the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, ii may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@seuthmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CODE VIOLATION DETAILS: Footnote**** to Section 20-3.3(D) states that the business shall not be open before. 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its !opera tions from the LJ-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." 1"Special Master" means "Special Magistrate" or "Magistrate" and vice versus. 862147 CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO. Name & Address of Violator: Date & time of violation: Stunna's Fit LLC 600 SW 62 nd Ave. Date: 03/30/2021 Time: 5:37 a.m. & 5:42 a.m. Date and time of issuance:~ S:-21 , 20~( Code violated Condition of Business Tax Receipt. See 2 nd page of this citation for more details. Owner's Name and Address: Consolidated Research and Planning Corp., 6796 SW 62 Ave , South Miami, FL ddress of violation: 6600 SW 62nd Ave., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6:00 a .m . Is this violation correctable 1? ..YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil penalty is $500 for each offense if you el ect lo contest the citation or fail to timely pay the fine and you may be liable for reasonable administrative cost if found guilty of the violation . In addition, the fine may be a daily fine if the violation is correctable and not timely corrected2 • Minimum civil penalty if you elect not to contest the citation and if it is a correctable violation and it has been timely corrected, the fine is $340 for this offense. If it is a correctable violation and you fail to timely correct it, the fine Is $·340 per day until it is corrected. The fine for a second violation o f the same offence is 450 and the fine for the third or more violations of the same offense is $500. cceptance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the owner's or tenant's lawful representative. Signature of person receiving Name ofCEO4 citation3 : A 'lj;;orr _c abf . ation" Is not a nor i s it an irreparable of irreversible violation. Authority of CEO4 c. 2-25, 2-4.9 & Sec.162.01 -.30 & 5, Fla. Stat. 'Timely corrected means the violation is corrected an awn en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(g), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083, Florida Statutes." 'CEO means Code Enforcement Officer 863148 If you desire to appeal this citation you must file a written request with the CED, identifying the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, it may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@southmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CO D E VIOLATION DETAILS: Footnote **** to Section 20-3.3(D) states that the business shall not be open befo re 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its op erations from the LI-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." ~"Specia l Master" means "Special Magistrate" or "Magistrate" and vice versus. 864 City's Exhibit 13 149 City of South Miami City Hall Code Enforcement Division 6130 Sunset Drive South Miami, FL 33143 (305) 668-2503 Business License STUNNA'S FIT 6600 SW 62 AVENUE SOUTH MIAMI, FL 33143-3643 865150 CITY OF SOUTH MIAMI 6130 Sunset Dr. South Miami, FL 33143 305 668-2503 LOCAL BUSINESS TAX 2021 Business Name: STUNNA'S FIT 6600 SW 62 AVE South Miami, FL 33143-3305 License Number: 21 -17-00006581 Class: PERSONAL SKILLS INSTRUCTION ST Issue Date: 6/19/2017 Expiration Date: 9/30/2021 Total: $0.00 Restriction: 6:00am to 7:00pm hrs Comments: PERSONAL FITNESS TRAIN IN THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE In accordance with Article 1, Chapter 13 City Code of 866 City's Exhibit 14 151 6/17/22, 5:01 PM Re: Permitted Schedule NR Zone max couper < maxcouper@gmail.com> Tue 5/10/20 22 11 :3 4 AM To: v w <veronicawaisberg@gmail.com > Mail -Pepe, Thomas F. -Outlook Cc: Bynum, Carol <CBynum@southmiamifl.gov>;Avery Milian <finethreadsinc@gmail.com>;Mc re Halpern <marc@hrllplaw.com>;Philips, Sally <SPhilips@southmiamifl.gov> ;Shari Kamali <SKamali@southmiamifl.gov>;Pepe, Thomas F. <TPepe@southmiamifl.gov> It's advertised at 5:45 AM, but they start at 5 AM. The two videos I sent are l:efore 5:45 AM, and as can be seen, the parking lot is full and the business has obviously been open by that time. My family and I were awoken at approximately 5:13 AM this morning by pounding weights. On May 10, 2022, at 11 :05 AM, Veronica Waisberg <Veronicawaisberg@gmail.com> wrote : 11:03 •• i stunnasfit.com https://outlook.office .com/mail/id/AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAH5HSv1 %2BTdlBlr1WOHC0Wz8 ... 867152 6/17/22, 5:01 PM Al l Class s AH i structors 7:00 AM -7:50 AM LEG DAY Stunna's Fit Trainer Mail -Pepe, Thomas F. -Outlook 8 ,r,.. V ••• On Tue, May 10, 2022 at 10:12 AM max couper <maxcou~g m ail.co m > wrote: Another Tuesday, "leg day" and my wife, daughter and I are pounded out of bed starting just after 5 AM. As you can see in these timestamp videos taken from the back and the front of the business, the parking lot is full of patrons -the business is open and running before permitted schedule. This has been reported to the city numerous times, happens all the time, and here is the irrefutable ev i dence of it. The situation is actually just beyond words at this point. A business which has been convicted on numerous violations continues to break the law on a daily basis out in the https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwL Tk0MGEINDE0MS04NTlwLWJjMzQ3N DAyMDhiZQAQAH5HSv1 %2BTdlBlr1 WOHC0WzB ... 868153 6/17/22, 5:01 PM Mail -Pepe, Thomas F. -Outlook wide open. Weightlifting is not a permitted activity in the NR zone, and something should be done about this immediately. These shockwaves reverberate the entire house, shaking the foundation and all of the occupants in it. This is serious life-wrecking stuff and has been detrimentally affecting my family's health and well-being for years now. We're not complaining about anything except illegal activity which has been reported for years, cited and convicted, and still continues on a daily basis. Pleading with city officials here, please do something immediately to restore our lives in our homes to back normalcy. Please help us do something now. Typed with thumbs https://outlook.office .com/mail/id/ AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLW JjMzQ3NDAyMDhiZQAQAH5HSv1 %2BT dIBlr1 WOHC0Wz8 ... Jt, 869 City's Exhibit 15 154 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit SCHEDULE -"' MY. Account Class Schedule Jun 17, 2022 -Jun 23, 2022 [ All Classes v ) I All instructors v I 0 Sun O Mon O Tue O Wed O Thu O Fri D Sat 0 Morning D Afternoon D Evening <::< Pre ,jo I '! I ;\jr, -;: x, 2. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fj t Trainer 3. 6 :00 AM - 6 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trai ne r 4. 7 :00 AM - 7 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 5. 8 :00 A M -8 :50 AM UPP ERBODY/BOXING & ABS StLinna's Fi t Trainer 6. 9 :00 AM - 9 :50 AM UP PERBODY/BOXING & ABS Stunna's Fit Train er 7. 10:00 AM -10:50 AM UPPERBODY/BOX ING & ABS Stunna's Fit Traine r 8. 12:00 PM -12 :50 PM https ://www.stunnasfit.com/schedule D Let's Chat! 1/3 870155 6/17/22, 5:02 PM SCHEDULE 10. 5:00 PM - 5 :50 PM UPPERBODY/BOXING & ABS S tunna's FitTrainer 11 . Sat. ciune ·18, 2022 12. 7:30 AM -8:00 AM Stretching Stunna's Fit T rajner RSVP 13. 8:00 AM -8:50 AM SATURDAY RISE AND GRIND Stunna's Fit Train er RSVP 14. 9:00 AM -9:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer R SVP 15. 10:00 AM -10:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer Ft SVP 17. 9:00 AM -9:50 AM SAVAGE SUNDAY I • -' . . . EARLY B IRDS Stunna's Fit Trainer 20. 6:00 AM -6:50 AM UPPERBODY/BOXING & ABS Stunna 's Fit Traine r 21. 7:00 AM -7:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trajner 22. 8:00 AM -8:50 AM UPPERBODY/BOXING & ABS Stunna 's Flt Trainer 23. 9:00 AM -9:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 24. 10:00 AM -10:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 25. 12:00 PM -12:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 26. 4:00 PM -4:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 27. 5:00 PM -5:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 28. 6:00 PM -6:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 29. 7:00 PM -7:50 PM UPPERBODY/BOXING & ABS ', --:J-1 . tL 31. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fit Trainer 32. 6:00 AM -6:50 AM LEG DAY Stunna's Fit Trainer 33. 7:00 AM -7:50 AM LEG DAY https://www.stunnasfit.com/schedule SCHEDULE I Stunna's Fit 0 Let's Chat! 871156 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit C(J'\;T/.\CT O Let's Chat! https://www.stunnasfit.com/schedule Carlos E. Silva, Esq. Jorge E. Silva, Esq. Paul Jon Layne, Esq. Carolina B. Suarez, Esq. Benjamin Fernandez IV, Esq. Maria D. Corghi, Esq. October 12, 2022 VIA ELECTRONIC MAIL City of South Miami City Commission 6130 Sunset Drive South Miami, Florida 33143 Attn: Thomas Pepe, Esq. TPepe@southmiamifl.gov RE: Stunna’s Fit, LLC v. City of South Miami City Commission Eleventh Judicial Circuit Court Case No.: 2022-000049-AP-01 City of South Miami Resolution No.: 093-22-15846 Dear Mr. Pepe: As you know, our office represents Stunna’s Fit LLC (“Stunnas”) in connection with the above-referenced matter. Pursuant to your instructions dated October 7, 2022, please allow this correspondence to serve as Stunnas’ Motion to Stay Enforcement of the City of South Miami City Commission Resolution No.: 093-22-15846 Pending Disposition of Stunnas’ Petition for Writ of Certiorari (“Motion to Stay”). Specifically, Stunnas submits its Motion to Stay for the City Commission’s review and consideration, pursuant to Fla. R. App. P. 9.190(e)(3). I. Factual Background and Procedural History On September 15, 2022, Stunnas filed its Petition for Writ of Certiorari Pursuant to Florida Rule of Appellate Procedure 9.100(f) (the “Petition”) seeking review of the City of South Miami City Commission’s (the “City” or “City Commission”) Resolution No.: 093-22-15846 (the “Resolution”); copies of the Petition and corresponding appendix are attached hereto as Composite Exhibit A. The Resolution affirms the decision of the City Manager of South Miami, dated June 29, 2022 (the “June 29th Decision”), which includes the City’s decision to (1) immediately revoke Stunnas’ Business Tax Receipt (“BTR”) if Stunnas is found to have violated the City’s code once more “without any further concessions or considerations”; and (2) refuse to 157 October 12, 2022 Page 2 renew Stunnas’ BTR absent payment of fines stemming from a code violation that is currently being appealed. a. The City Manager’s June 29th Decision: By way of a brief background, on March 23, 2022, the City Manager notified Stunnas that a hearing would be held regarding an Order to Show Cause as to why Stunnas’ business license to operate as a personal skills instruction studio should not be revoked for its alleged violations of the City code (the “Notice”). The Notice alleged that Stunnas violated the following code provisions spanning from February 12, 2021, to August 24, 2021: (a) Section 20-3.6(V): conducting commercial activity outside of a building on seven (7) occasions – i.e., purported patrons of Stunnas running on the public sidewalk in front of the facility;1 (b) Section 15-82.1: generating excessive noise or music from motor vehicles on three (3) different occasions; and (c) Section 20-1.7: failing to obtain a permit for shipping containers on Stunnas’ leased property.2 Because Stunnas was found to be in violation of the above provisions within a 90-day period, the City Manager contended to have the authority to revoke Stunnas’ BTR pursuant to Section 20-3.6(V) of the City’s Land Development Code (“LDC”). Specifically, Section 20-3.6(V) was amended on September 7, 2021 to include the following provision: (7) A business license/Business Tax Receipt (BTR) or permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner a reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City 1 The City no longer prohibits this conduct. Specifically, in enacting Ordinance No. 29 -21-2419 on November 16, 2021, the City carved an exception to Section 20-3.6(V) of its LDC for “[o]utdoor running programs…” 2 As the City, including its City Commission, knows, Stunnas appealed this citation to the Eleventh Judicial Circuit Court on June 21, 2022. The subject appeal is currently pending before the Court under Case No.: 22-AP-000035. 158 October 12, 2022 Page 3 by email, then service may be made by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. LDC § 20-3.6(V)(2)(b)(i)-(ii) (2021) (emphasis added). As a threshold matter, Stunnas notes that it has already paid under protest the code violations tied to Section 20-3.6(V) (i.e., running outside) and Section 15-82.1 (i.e., running a bus outside). Meaning, the only remaining violation that forms the basis of the City’s refusal to renew Stunnas’ BTR is the storage container violation, which is currently being appealed in Miami-Dade County Circuit Court. See Stunnas Fit LLC, et al. v. City of South Miami, Case No.: 22-AP- 000035. A hearing to show cause was held before the City Manager on June 20, 2022 (the “June 20th Hearing). Aside from the quote in the City Manager’s Notice, Stunnas did not have access to Section 20-3.6(V)(7)(b) of the LDC—which formed the basis of the City Manager’s request for said hearing—as the City failed to update the online iteration of its Code on Municode. Counsel for Stunnas objected to the City’s reliance on Section 20-3.6(V)(7)(b) as the failure to update its Code for the public’s access prevented Stunnas from adequately preparing for the June 20th Hearing, and thus undermined Stunnas’ right to defend against the City’s allegations in that it did not have a meaningful opportunity to review the provisions of the Code sought be enforced against it. During the June 20th Hearing, Stunnas argued that the City Manager lacked the authority to revoke Stunnas’ BTR pursuant to newly amended code because: (1) violations outside of Section 20-3.6(V) could not form the basis for such revocation given the plain language of Section 20-3.6(V)(7)(b); 3 (2) the City could not continue to prosecute Stunnas for violations of conduct it no longer prohibits (running outside); and (3) the City’s charter does not empower the City Manager to unilaterally revoke a BTR. In lieu of substantively responding to Stunnas’ arguments, the City attempted to establish that Stunnas was somehow aware of the September 2021 amendments to the Code—which it was not. Further, under the guise of introducing “rebuttal evidence,” the City i ntroduced new alleged code violations and argued that Stunnas was operating outside of the hours allowed by its BTR, in violation of an unrelated code provision. These violations were not noticed to be heard during the June 20th Hearing, and had not been heard by a Special Magistrate. Indeed, at the time, the City had not even cited Stunnas for the surprise violations. For these reasons, counsel for Stunnas and 3 As indicated in the June 29th Decision, the City Manager relied on Stunnas’ alleged violations of Section 15-82.1 of the City’s Code of Ordinances, and of Section 20-1.7 of the Land Development Code—none of which appear within Section 20-3.6(V). 159 October 12, 2022 Page 4 for Stunnas’ landlord promptly (and frequently) objected to the introduction of this “rebuttal evidence” on the grounds that it violated Stunnas’ due process rights. Ultimately, on June 29, 2022, the City Manager issued her decision. In short, the City Manager claimed to withhold her “final ruling to revoke Stunnas[‘] BTR at this time.” Despite this language, the City Manager imposed other conditions on Stunnas’ BTR, in pertinent part, as follows: It is important to note that after the date of this letter, if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas Fit’s BTR without any further concessions or considerations. … Additionally, Stunnas Fit, LLC will be required to pay all the outstanding fines levied by the Special Magistrate, prior to the issuance of its BTR renewal. The fines will not be negotiated to a lesser amount. See Comp. Ex. A. (emphasis added). In support of the June 29th Decision, the City Manager for the first time, cited to Section 13-16 of the South Miami Code of Ordinances—presumably to address Stunnas’ challenges to the City Manager’s authority to unilaterally revoke Stunnas’ BTR. Section 13-16 purports to grant the City Manager the authority to revoke a BTR for a host of delineated reasons “or for any other good and sufficient reason.” See City of South Miami, Code of Ordinances § 13-16. Not only is this ordinance unconstitutional on its face,4 but the City’s enforcement thereof violates Stunnas’ due process rights in that the City failed to provide notice of its intent to enforce this Section against it and, thus, failed to afford Stunnas a meaningful opportunity to be heard on such enforcement. The City Manager also stated that because “Stunnas[] committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021,” and “seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021,” she is authorized to revoke Stunnas’ BTR under Section 20-3.6(V)(7)(b). However, Section 20- 3.6(V)(7)(b) is limited only to consideration of violations of Section 20-3.6(V), and those violations only included those concerning the City’s now amended – and therefore mooted – jogging-outside prohibition. Moreover, the City Manager’s June 29th Decision imposed a “one strike” rule against Stunnas—which is neither authorized by the LDC nor the City Charter. This “one strike” rule 4 See Vicbar, Inc. v. City of Miami, 330 So. 2d 46, 47 (Fla. 3d DCA 1976) (holding that an ordinance giving a city manager absolute and uncontrolled discretion to refuse to renew a business license is constitutionally invalid and its enforcement constitutes a violation of the business owner’s due process rights). 160 October 12, 2022 Page 5 constitutes an unauthorized, executive modification of the City’s code to create a rule specific to Stunnas with regard to the City’s potential BTR revocation. And, the City Manager threatens to revoke Stunnas’ BTR if Stunnas is found guilty of any one code violation without affording it any right whatsoever to contest the revocation. Further, while the City Manager abstained from directly revoking Stunnas’ BTR “at this time,” the June 29th Decision nonetheless imposes new conditions on Stunnas’ BTR and practically operates as a revocation. Pertinently, the City Manager conditioned Stunnas’ ability to renew its BTR on Stunnas’ payment of all outstanding fines levied by the City despite the fact that, at this time, all of those fines stem from a citation that is currently on appeal with the Eleventh Judicial Circuit, involve citations beyond Section 20-3.6(V), or pertain to Stunnas’ purported violations of a repealed code provision. Such revocation, even under the guise of a threat to refuse renewal of the BTR, violates the plain language of Section 20-3.6(V) and constitutes an unconstitutional deprivation of Stunnas’ vested property rights. In light of these violations of Stunnas’ constitutional rights and the City Manager’s failure to adhere to the City’s own rules, Stunnas promptly appealed the City Manager’s decision on July 29, 2022. b. August 16th Meeting Before the City Commission: On August 16, 2022, the City Commission considered Stunnas’ appeal of the City Manager’s June 29th Decision during a quasi-judicial proceeding (the “City Commission Meeting”). At the City Commission Meeting, Stunnas presented three primary points. First, Stunnas argued that the City’s reliance on Section 20-3.6(V) to revoke Stunnas’ BTR violates Stunnas’ due process rights as the amended code has not been updated on Municode, and thus has not been accessible to Stunnas or its counsel at any time throughout the subject proceedings. As a result, Stunnas was not provided with adequate notice or a meaningful opportunity to be heard at the June 20th Hearing. Second, even assuming arguendo that the newly amended provisions of Section 20-3.6(V) are nonetheless enforceable against Stunnas, the City Manager impermissibly relied on violations issued under code provisions outside of Section 20-3.6(V) in direct contradiction to the plain language of said provision. LDC § 20-3.6(V)(7)(b) (“The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V)…”). Comp. Ex. A. (emphasis added). Finally, the City Manager’s decision to condition Stunnas’ BTR renewal on the payment of all outstanding fines effectively operates as a revocation of the BTR. Such revocation would, in turn, be based on exorbitant fines tied a citation that is currently subject to appellate review in the Eleventh Judicial Circuit Court, and on a string of citations for violations of a code provision that no longer exists. Stated differently, the City continues to prosecute Stunnas, i.e., by imposing conditions on the renewal of its BTR beyond the scope of Section 20-3.6(V). In response, the City primarily contended that Section 13-16 of its Code of Ordinances authorizes the City Manager to revoke Stunnas’ BTR for any reason whatsoever. In fact, the City 161 October 12, 2022 Page 6 argued that “one violation is sufficient to revoke a [BTR] in accordance with [Section 13-16].” Comp. Ex. A. Once again, however, the City failed to acknowledge that Stunnas was never afforded any form of notice that the City sought to enforce this section against it. Further, as discussed supra, Section 13-16 is constitutionally invalid to the extent that, as the City apparently contends, it grants the City Manager the right to exercise absolute and uncontrolled discretion to revoke Stunnas’ BTR without the establishment of standards or guidelines for such exercise of discretion. After hearing argument from counsel, the City Commission noted that the City Manager is, in fact, authorized to revoke Stunnas’ BTR. Thereafter, without further elaboration, the City Commission unanimously voted to uphold the City Manager’s June 29th Decision as reflected by the Resolution presently at issue. Consequently, Stunnas is currently facing an imminent threat in the form of the City’s refusal to renew its BTR due to nonpayment of an appealed citation5—as well as the City’s arbitrary “one strike, you’re out” rule created solely to target Stunnas. II. The Petition and Instant Motion to Stay In light of its well supported challenges to the City Manager’s actions and the City Commission’s subsequent ratification thereof, Stunnas timely filed its Petition on September 15, 2022, seeking that the Court review and quash the Resolution; See Comp. Ex. A. Specifically, the Court must determine: (i) whether the administrative tribunal (here, the City Commission) accorded due process of law; (ii) whether the administrative tribunal applied the correct law, i.e., whether the essential requirements of law were observed in the administrative proceedings; and (iii) whether the decision of the administrative tribunal is supported by competent substantial evidence.6 In brief, Stunnas challenges the Resolution for the following reasons: (1) The City, including its City Commission, violated Stunnas’ due process rights and departed from the essential requirements of the law when the City Manager imposed a “one strike, you’re out” rule solely against Stunnas, in direct contradiction with its own Code and Florida law—and in turn, engaged in an impermissible, executive modification of the LDC;7 (2) The City, including its City Commission, violated Stunnas’ due process rights and departed from the essential requirements of the law when the City Manager considered violations outside the scope of Section 20-3.6(V) in her determination of whether to revoke Stunnas’ BTR, in direct contradiction with the plain language of that Section;8 5 In fact, only the fines tied to this appealed citation—Citation No.: 21-00251—remain outstanding as of the date of this Motion to Stay and constitute Stunnas’ sole impediment in renewing its BTR. 6 See Broward County v. G.B.V. Intl., Ltd., 787 So. 2d 838, 843 (Fla. 2001) (explaining that quasi- judicial action is reviewable by certiorari). 7 See Comp. Ex. A. at 23. 8 See Comp. Ex. A. at 31-33 162 October 12, 2022 Page 7 (3) The City, including its City Commission, violated Stunnas’ due process rights by depriving Stunnas of its constitutional right to notice and a meaningful opportunity to be heard by (a) relying on Section 13-16 of its Code of Ordinances for the first time in the June 29th Decision; (b) failing to update its LDC on Municode to make critical amendments accessible to the public; (c) and the City’s continuous surprise introduction of exhibits in numerous proceedings underlying the Petition;9 (4) The City, including its City Commission, violated Stunnas’ due process rights and departed from the essential requirements of the law when the City Manager sought to enforce Section 3.6(V)(7)(b) of the LDC against Stunnas because it retroactively imposes new legal consequences to Stunnas’ acts that predate the enactment of this provision and impairs Stunnas vested property rights to its business;10 and (5) The City, including its City Commission, violated Stunnas’ due process rights and departed from the essential requirements of the law when the City enforced Section 13- 16 of its Code of Ordinances against Stunnas as said provision constitutes an unconstitutional delegation of legislative authority.11 Therefore, as detailed above—and as thoroughly set forth in Stunnas’ Petition—a stay in the enforcement of the Resolution pending the outcome of the Petition is warranted and necessary.12 Specifically, Stunnas’ Petition and Motion to Stay demonstrate Stunnas’ likelihood of success on the merits and lack of an adequate remedy at law for the irreparable harm that it has suffered (and which would be exacerbated if a stay were not granted) as a result of the Resolution, particularly as it relates to the impediments imposed on Stunnas BTR (whether termed a revocation or prohibition on renewal), which impediments have the practical effect of destroying Stunnas’ business during the pendency of appeal. Accordingly, Stunnas respectfully requests that the City Commission stay enforcement of the Resolution throughout the pendency of the corresponding certiorari proceedings. Sincerely, s/ Maria D. Corghi Maria D. Corghi, Esq. Carlos E. Silva, Esq. Benjamin Fernandez IV, Esq. 9 See Comp. Ex. A. at 25-26. 10 See Comp. Ex. A. at 26-27. 11 See Comp. Ex. A. at 28-31. 12 In considering whether to enter a stay, the court should consider whether the moving party has established “(1) a likelihood of success on the merits, and (2) a likelihood of harm absent the entry of a stay.” Sunbeam Television Corp. v. Clear Channel Metroplex, Inc., 117 So.3d 772 (Fla. 3d DCA 2012). 163 October 12, 2022 Page 8 Enc. cc: Laura K. Wendell, Esq. (LWendell@wsh-law.com) Eric Stettin, Esq. (EStettin@wsh-law.com) 164 Composite Exhibit A 165 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA STUNNAS FIT LLC, APPELLATE DIVISION Petitioner, CASE NO.: v. L.T. RES. NO.: 093-22-15846 CITY OF SOUTH MIAMI CITY COMMISSION, Respondent. __________________________/ PETITION FOR WRIT OF CERTIORARI PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.100(f) Buchanan Ingersoll & Rooney PC Silva & Silva, P.A. 2 South Biscayne Blvd., Suite 1500 236 Valencia Avenue Miami, Florida 33131 Coral Gables, Florida 33134 Telephone: (305) 347-5912 Telephone: (305) 445-0011 By: /s/ Chance Lyman By: /s/ Maria D. Corghi Kyle B. Teal, FBN 99193 Carlos E. Silva, FBN 999032 Kyle.Teal@bipc.com csilva@silvasilva.com Chance Lyman, FBN: 107526 Benjamin Fernandez, IV, FBN 63881 Chance.Lyman@bipc.com bfernandez@silvasilva.com Counsel for Stunnas Fit LLC Maria D. Corghi, FBN 1017965 mcorghi@silvasilva.com Co-Counsel for Stunnas Fit LLC 166 Page | 2 INTRODUCTION Pursuant to Fla. R. App. P. 9.100(f), the Petitioner, Stunnas Fit, LLC (“Petitioner” or “Stunnas”), petitions this Court for a writ of certiorari to quash the Respondent’s, the City of South Miami City Commission’s (the “City” and/or “City Commission”) Resolution No.: 093-22-15846 (the “Resolution”). (App. 5).1 The Resolution modifies and affirms the decision of the City Manager of South Miami dated June 29, 2022 (the “June 29th Decision”), which involves the City’s (1) decision to immediately revoke Stunnas’ Business Tax Receipt (“BTR”) if Stunnas is found in violation of one additional citation (of any kind) issued by the City “without any further concessions or considerations”; and (2) refusal to renew Stunnas’ Business BTR absent payment of fines stemming from previously adjudicated code violations issued against Stunnas. STATEMENT OF FACTS I. The Property: Stunnas is the commercial tenant on property owned by Consolidated Research & Planning, LLC (“Consolidated”), located at 6600 SW 62nd Avenue, South Miami, Florida 33143 (the “Property”). (App. 156-57). 1 References to Petitioner’s Appendix are styled as “App.” followed by the appropriate references to the page numbers as set forth in the index. 167 Page | 3 Stunnas is a “Personal Skills Instruction Studio” owned and operated by Gabriel Varona and holds a business license issued by the City for the operation of its fitness studio. See id. Stunnas has been operating at the Property since 2017, successfully renewing its BTR between 2018 and 2021. II. Stunnas’ Purported Violations of Section 20-3.6(V) of the City’s Land Development Code: Despite approving its permits and continually renewing its BTR year after year for personal skills instruction studio, it is well documented that the City has issued multiple noise violations against the business for incidental sounds. (App. 260). At the time the issue first arose, the City’s applicable noise ordinance allowed for sound to emanate up to one hundred (100) feet from the Property without being in violation. See Land Development Code; Article III, Sec. 15-82. In a capricious effort to bypass the Code’s noise ordinance—which, at the time, prevented the City from citing Stunnas in connection with the subject noise complaints—the City refocused its strategy against Stunnas on a new wave of noise complaints that purportedly stemmed from gym members engaging in physical exercises outside of the Property and on public property—to wit, jogging and/or running on surrounding public sidewalks and the grass field adjacent to the Property. (App. 200). 168 Page | 4 At the time of these new noise complaints, Section 20-3.6(V) of the Land Development Code provided, in pertinent part, as follows: (V) Commercial Activity Conducted Outside of a Building. (1) No commercial activity, with the exception of those uses and activities listed in Sections (3) and (4) below, shall be allowed to be conducted outside of a building unless a proper permit is issued pursuant to the regulations set forth in this Section. Land Dev. Code. § 20-3.6(V)(1) (emphasis added). Neither Sections (3) nor (4) included exceptions applicable to Personal Skills Instruction Studios such as Stunnas. See Land Dev. Code. §§ 20-3.6(V)(3)(a)(i)-(vii), 20-3.6(V)(4). Seeing that it could attack Stunnas’ operations from a different angle, the City cited Stunnas a total of eight times under Section 20-3.6(V) for purported violations dated between February and June 2021.2 (App. 38-39). The City argued that Stunnas engaged in unauthorized “commercial activity” each time it allowed its members to run and/or jog (or engage in any form of physical exercise) outside of the walls of its building. On September 24, 2021, a hearing on these citations was held before Special Magistrate Rafael Suarez-Rivas. (App. 5). Stunnas was ultimately 2 Pursuant to the City’s Courtesy Notices of Civil Infractions issued to Stunnas, the purported violations of Section 20-3.6(V) occurred on February 12, 2021, February 20, 2021, March 6, 2021, March 31, 2021, May 31, 2021, June 5, 2021, June 7, 2021, and June 14, 2021. (App. 41). 169 Page | 5 adjudicated in violation of seven out of the eight citations issued under Section 20-3.6(V) and was ordered to pay fines in excess of $3,000.00. (App. 10-35). On September 7, 2021, however, before the Special Magistrate’s September 24th ruling, the City Commission passed and enacted on second reading Ordinance No. 19-21-2409, which amended Section 20-3.6(V) of the City’s Land Development Code—and which lifted the City’s “prohibition” against Personal Skills Instruction Studio activities, i.e., jogging and exercising, conducted outside of an enclosed building. Ordinance No. 19-21-2409 further amended Section 20-3.6(V) by, inter alia, including a provision which appears to allow the City Manager to revoke a business’ BTR or permit “after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time,” provided that the “business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses.” Land Dev. Code. § 20-3.6(V)(7)(b) (emphasis added). Importantly, this provision does not give the City Manager the authority to modify the provision itself, nor does it allow the City Manager to create new restrictions or code provisions applicable to the alleged violator. 170 Page | 6 III. Stunnas’ Purported Violations of Section 15-82.1 of the City’s Code of Ordinances: In addition to the citations issued under Section 20-3.6(V), the City also cited Stunnas for violations of Section 15-82.1 of its Code of Ordinances in connection with Stunnas’ operation of a diesel truck on the Property on three instances between May and August 2021.3 (App. 38). Section 15-81.1 provides, in pertinent part, as follows: “(c) It shall be unlawful for any commercial diesel vehicle to remain standing and running within two hundred (200) feet of a residential neighborhood or a home.” City of South Miami, Code of Ordinances § 15-81.1(c). Notably, Section 15-81.1(c) is not within any subsection of Section 20- 3.6(V), and, accordingly, the City has no basis to rely upon any violations adjudicated against Stunnas under that section of the code of ordinances. Indeed, Section 15-81.1 is not even part of the Land Development Code; rather, it appears in the City’s code of ordinances. Also on September 24, 2021, Special Magistrate Rafael Suarez-Rivas adjudicated Stunnas guilty of these three citations, and levied fines in excess of $1,500.00. (App. 10-35). 3 These citations are based on Stunnas’ alleged violations of Section 15-81- 1 on the following dates: May 29, 2021, July 26, 2021, and August 24, 2021. (App. 10-35; 39). 171 Page | 7 IV. Stunnas’ Purported Violation of Section 20-1.7 of the City’s Land Development Code: Unable to cite Stunnas for any noise violations leading up to 2019, the City enacted a new ordinance in 2020, which imposed an overbroad blanket restriction on any audible sound whatsoever. Specifically, the amended ordinance states that “[n]o sound emanating from the premises may be audible at the property line…” Land Development Code § 20-3.3(D). As a result of this amendment to the noise ordinance, which was passed in an attempt to target Stunnas since it specifically applies to “Personal Skills Instruction Studios” and “Physical Fitness Facilities,” the City cited Stunnas on countless occasions for alleged violations thereof. In response to the noise complaints, Stunnas purchased and placed three temporary storage containers (also called “pods”), on the Property in order to mitigate the noise issues by blocking the sound from the fitness studio. See generally App 260-89. Because the sound mitigation was successful, the neighbors located behind the pods no longer complained about the noise. Importantly, the pods were never affixed to the ground, nor made part of the Property’s structure in any manner. Rather, the containers were already fully constructed and erected by the time they had arrived at the Property in March of 2020 and were simply placed on the Property to serve as an additional sound buffer, in light of the noise complaints. 172 Page | 8 Code enforcement visited the Property over a hundred times while the pods were there, but never once mentioned that the temporary pods violated any code provisions. Seemingly fixated on targeting Stunnas’ operations, however, the City eventually cited Stunnas on July 2, 2021, for allegedly violating Section 20-1.7(B)(1) of the City’s Land Development Code. See generally App. 260-89. According to the City, the pods qualified as “structures” under the Land Development Code, and thus fell within the scope of Section 20-1.7. If the containers fall within the scope of Section 20- 1.7, the City contended, then Stunnas would have been required to obtain a permit to permanently affix them to the ground. On May 20, 2022, a hearing on this citation was held before Special Magistrate Rafael Suarez-Rivas (the “May 20th Hearing”). See generally App. 260-89. At the May 20th Hearing, the City maintained its position that the subject containers were “structures” under the Land Development Code, requiring that Stunnas obtain applicable permits, pursuant to Section 20-1.7. Section 20-1.7 reads, in part, as follows: (A) Jurisdiction. No building, premises or structure shall be constructed, erected, modified, altered, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained or modified except in compliance with the provisions and procedures as set forth herein. (B) Movement or Placement of Structures. 173 Page | 9 (1) No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained. Land Dev. Code § 20-1.7(emphasis added). Further, Section 20-2.3 defines “structures” as follows: “Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: Signs, backstops for tennis courts, fences, screen enclosures and pergolas.” Land Dev. Code § 20-2.3 (emphasis added). Also at the May 20th Hearing, the City for the first time cited to Section 20-1.3 as its retroactive justification under the code for issuing the Citation against Stunnas. See generally App. 260-89. To be clear, when Stunnas received the City’s Courtesy Notice of the alleged violation on March 31, 2021, it was only notified of the City’s charges under Section 20- 1.7(B)(1). Prior to the May 20th Hearing, Stunnas had never been notified of the City’s intent to rely on Section 20-1.3 as a basis for its citation against Stunnas. Section 20-1.3(C) states as follows: “Permissive Regulations. It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited.” 174 Page | 10 Land Dev. Code § 20-1.3(C). Presumably, the City introduced this newly asserted code provision – Section 20-1.3 – at the eleventh hour in an attempt to argue that, unless there is a code provision that permits Stunnas to have the containers on the Property, the containers are prohibited. Counsel for Stunnas objected to the lack of notice and a meaningful opportunity to be heard regarding the City’s surprise accusation that Stunnas violated Section 20-1.3(C) of the code. (App. 264). In defending against this citation, Stunnas argued that the storage containers at issue are not within the scope of Section 20-1.7 as they are not “structures” under Section 20-2.3, which defines the term as “anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.” Land Dev. Code § 20-2.3 (emphasis added). During the May 20th Hearing, and in support of this point, Stunnas presented evidence and testimony clearly demonstrating, inter alia, that the subject containers arrived at the Property fully assembled and constructed and were never affixed to the Property in a manner. (App. 263). On cross-examination, the City’s sole witness, Code Enforcement Officer Carol Hughes-Bynum, conceded that she had simply assumed the containers violated the code provision. (App. 268). She further admitted to 175 Page | 11 having completed no meaningful investigation or inspection of the subject containers to determine whether they were affixed to the ground or attached something affixed to the ground so as to make the containers permanent in any fashion. (App. 280-83). After hearing argument from counsel, as well as testimony from Mr. Varona and Code Enforcement Officer Carol Hughes-Bynum, Special Magistrate Suarez-Rivas concluded that the City met its burden of proving, by substantial and competent evidence, that the containers were “structures” under Section 20-2.3. (App. 283). Thus, the Special Magistrate ruled that Stunnas was in violation of Section 20-1.7 and Section 20-1.3 and issued an Order providing that Stunnas was responsible for the payment of fines exceeding $40,000.00. (App. 123-24). In light of its well-grounded challenges to the City’s actions and the Special Magistrate’s ruling with respect to this citation, Stunnas timely filed a Notice of Appeal with this Court on June 21, 2022. 4 (App. 270). V. The City Manager’s June 29th Decision: On March 23, 2022, the City Manager, by way of a letter, requested to conduct a hearing at which Stunnas was to “show cause why the business 4 The subject appeal is currently pending before this Court under Case No.: 22-AP-000035. To the extent necessary, Stunnas’ requests that this Court take judicial notice of the records in Case No.: 22-AP-000035. 176 Page | 12 license of [Stunnas] should not be revoked.” (App. 38-39). The City Manager’s letter specifically states that the purpose of the hearing was “to determine whether to revoke [Stunnas’] City of South Miami Business Tax Receipt/Business License pursuant to [the City Manager’s] authority as set forth in Section 20-3.6(V) of the City’s [Land Development Code].” See id. (emphasis added). Specifically, the City Manager cited to Section 20- 3.6(V)(7)(b)—which, was recently enacted in September 2021—as the basis for the City Manager’s authority to “revoke [a] BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time…” Id.; Land Dev. Code. § 20-3.6(V)(7)(b). According to the City Manager, Stunnas was found to be in violation of: (1) Section 20-3.6(V) of the City’s Land Development Code on seven separate occasions; (2) Section 15-85.21 of the City’s Code of Ordinances on three separate occasions; and (3) Section 20-1.7 of the City’s Land Development Code for failing to obtain a permit for the two containers placed on the Property. See id. The City Manager therefore contended that the string of adjudicated violations triggered her new authority to revoke Stunnas’ BTR under Section 20-3.6(V)(7)(b). See id. A hearing to show cause was held before the City Manager on June 20, 2022 (the “June 20th Hearing). (App. 165-83). Aside from the quote in 177 Page | 13 the City Manager’s letter, Stunnas did not have access to Section 20- 3.6(V)(7)(b) of the Land Development Code—which formed the basis of the City Manager’s request for said hearing—as the City failed to update the online iteration of its Code on Municode.5 (App. 169). Counsel for Stunnas objected to the City’s reliance on Section 20-3.6(V)(7)(b) as the failure to update its Code for the public’s access prevented Stunnas from adequately preparing for the June 20th Hearing, and thus undermined Stunnas’ right to defend against the City’s allegations in that it did not have a meaningful opportunity to review the provisions of the Code sought be enforced against it. (App. 170). During the June 20th Hearing, Stunnas argued that the City Manager lacked the authority to revoke Stunnas’ BTR pursuant to newly amended code because: (1) violations outside of Section 20-3.6(V) could not form the basis for such revocation given the plain language of Section 20-3.6(V)(7)(b); (2) the City could not continue to prosecute Stunnas for violations of a code provision that has been repealed; and (3) the City’s charter does not empower the City Manager to unilaterally revoke a BTR. (App. 165-83). 5 As of the date of this Petition, the City has not updated its online reiteration of the Land Development Code—which is found on Municode— to reflect these critical amendments and make them accessible to the public, including Stunnas. 178 Page | 14 In lieu of substantively responding to Stunnas’ arguments, the City attempted to establish that Stunnas was somehow aware of the September 2021 amendments to the Code—which it was not. See id. Further, under the guise of introducing “rebuttal evidence,” the City introduced new alleged code violations and argued that Stunnas was operating outside of the hours allowed by its BTR, in violation of an unrelated code provision. These violations were not noticed to be heard during the June 20th Hearing, and had not been heard by a Special Magistrate. Indeed, at the time, the City had not even cited Stunnas for the surprise violations. See id. For these reasons, counsel for Stunnas and for Stunnas’ landlord promptly (and frequently) objected to the introduction of this “rebuttal evidence” on the grounds that it violated Stunnas’ due process rights. See id. On June 29, 2022, the City Manager issued her decision following the June 20th Hearing to show cause—also by way of a letter. (App. 58-59). In short, the City Manager claimed to withhold her “final ruling to revoke Stunnas[‘] BTR at this time.” See id. Despite this language, the City Manager imposed other conditions on Stunnas’ BTR, in pertinent part, as follows: “It is important to note that after the date of this letter, if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas 179 Page | 15 Fit’s BTR without any further concessions or considerations.” … “Additionally, Stunnas Fit, LLC will be required to pay all the outstanding fines levied by the Special Magistrate, prior to the issuance of its BTR renewal. The fines will not be negotiated to a lesser amount.” See id. (emphasis added). In support of the June 29th Decision, the City Manager for the first time,6 cited to Section 13-16 of the South Miami Code of Ordinances—presumably to address Stunnas’ challenges to the City Manager’s authority to unilaterally revoke Stunnas’ BTR. See id. Section 13-16 reads, in pertinent part, as follows: The business tax receipt of any person for the operation of any business may be revoked by the city manager at any time, upon notice of violation of any of the provisions of the land development code or ordinances of the city; applicable provisions of the county code; laws of the state; violation of the terms and conditions of any development permit, covenant, public restriction, or waiver, or for any other good and sufficient reason. City of South Miami, Code of Ordinances § 13-16. 6 To be clear, the City had never cited to Section 13-16 of its Code of Ordinances prior to the June 29th Decision—it was not mentioned in the City Manager’s letter dated March 23, 2022; nor was it mentioned at the June 20th Hearing. 180 Page | 16 The City Manager also stated that because “Stunnas[] committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021,” and “seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021,” she is authorized to revoke Stunnas’ BTR under Section 20-3.6(V)(7)(b). However, Section 20- 3.6(V)(7)(b) is limited only to consideration of violations of Section 20- 3.6(V), and those violations only included those concerning the City’s now amended – and therefore mooted – jogging-outside prohibition. (App. 137). Moreover, the City Manager’s June 29th Decision imposed a “one strike” rule against Stunnas—which is neither authorized by the Land Development Code nor the City Charter. This “one strike” rule constitutes an unauthorized, executive modification of the City’s code to create a rule specific to Stunnas with regard to the City’s potential BTR revocation. And, the City Manager threatens to revoke Stunnas’ BTR if Stunnas is found guilty of any one code violation without affording it any right whatsoever to contest the revocation. The June 29th Decision further failed to afford Stunnas’ due process in that the City Manager relied on Section 13-16 of its Code of Ordinances for the first time, without first providing Stunnas with notice of the City’s intent 181 Page | 17 to enforce this Section against it and, thus, affording it a meaningful opportunity to be heard on such enforcement. Further, while the City Manager abstained from directly revoking Stunnas’ BTR “at this time,” the June 29th Decision nonetheless imposes new conditions on Stunnas’ BTR and practically operates as a revocation. Pertinently, the City Manager conditioned Stunnas’ ability to renew its BTR on Stunnas’ payment of all outstanding fines levied by the City despite the fact that the majority of those fines stem from a citation that is currently on appeal with this Court, involve citations beyond Section 20-3.6(V), or pertain to Stunnas’ purported violations of a repealed code provision. Such revocation, even under the guise of a threat to refuse renewal of the BTR, violations the plain language of Section 20-3.6(V) and constitutes an unconstitutional deprivation of Stunnas’ property rights. In light of these egregious violations of Stunnas’ constitutional rights and the City Manager’s failure to adhere to the City’s own rules, Stunnas promptly appealed the City Manager’s decision on July 29, 2022. (App. 55- 56). VI. Public Hearing Before the City Commission: The City Commission considered Stunnas’ appeal of the City Manager’s June 29th Decision during a quasi-judicial proceeding held on 182 Page | 18 August 16, 2022 (the “City Commission Meeting”). (App. 6). Consistent with the City’s continuing disregard for Stunnas due process rights, Stunnas obtained a 118-page document packet containing the City’s “exhibits” (the majority of which pertained to reported violations of an unrelated code provision that Stunnas has not even been cited for) just hours prior to the City Commission Meeting—again, failing to afford Stunnas with adequate notice and a meaningful opportunity to be heard with respect to those materials. (App. 196). Counsel for Stunnas promptly objected to the late introduction of these “exhibits.” See id. At the City Commission Meeting, Stunnas presented three primary points. First, Stunnas argued that the City’s reliance on Section 20-3.6(V) to revoke Stunnas’ BTR violates Stunnas’ due process rights as the amended code has not been updated on Municode, and thus has not been accessible to Stunnas or its counsel at any time throughout the subject proceedings. (App. 198). As a result, Stunnas was not provided with adequate notice or a meaningful opportunity to be heard at the June 20th Hearing. Second, even assuming arguendo that the newly amended provisions of Section 20-3.6(V) are nonetheless enforceable against Stunnas, the City Manager impermissibly relied on violations issued under code provisions 183 Page | 19 outside of Section 20-3.6(V)7 in direct contradiction to the plain language of said provision. Land Dev. Code § 20-3.6(V)(7)(b) (“The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V)…”) (emphasis added). (App. 136- 37). Finally, the City Manager’s decision to condition Stunnas’ BTR renewal on the payment of all outstanding fines effectively operates as a revocation of the BTR. (App. 196). Such revocation would, in turn, be based on exorbitant fines tied a citation that is currently subject to appellate review by this Court, and on a string of citations for violations of a repealed code provision. (App. 195-201). Stated differently, the City continues to prosecute Stunnas, i.e., by imposing conditions on the renewal of its BTR beyond the scope of Section 20-3.6(V). See id. In response, the City primarily contended that Section 13-16 of its Code of Ordinances authorizes the City Manager to revoke Stunnas’ BTR for any reason whatsoever. (App. 219). In fact, the City argued that “one violation is sufficient to revoke a [BTR] in accordance with [Section 13-16].” 7 As indicated in the June 29th Decision, the City Manager relied on Stunnas’ alleged violations of Section 15-82.1 of the City’s Code of Ordinances, and of Section 20-1.7 of the Land Development Code—none of which appear within Section 20-3.6(V). 184 Page | 20 See id. Once again, however, the City failed to acknowledge that Stunnas was never afforded any form of notice that the City sought to enforce this section against it. (App. 224-25). Further, as discussed supra, Section 13-16 is constitutionally invalid to the extent that, as the City apparently contends, it grants the City Manager the right to exercise absolute and uncontrolled discretion to revoke Stunnas’ BTR without the establishment of standards or guidelines for such exercise of discretion. After hearing argument from counsel, the City Commission noted that the City Manager is, in fact, authorized to revoke Stunnas’ BTR. (App. 233- 35). Thereafter, without further elaboration, the City Commission unanimously voted to uphold the City Manager’s June 29th Decision as reflected by the Resolution subject to this Petition. (App. 237-38). While the Resolution states that the City Commission is affirming the June 29th Decision, on its face, the Resolution actually modifies the June 29th Decision as well. Specifically, the Resolution now only mentions violations of Section 20-3.6(V) and Section 15-82.1. Further, the Resolution specifically states that the City Manager’s decision, as well as the appeal to the City Commission, are likewise made pursuant to, and governed by, Section 20-3.6(V). The Resolution ultimately states that those “recitals are 185 Page | 21 based on competent substantial evidence and are hereby ratified and incorporated by reference as if fully set forth herein.” ANALYSIS I. Basis for Jurisdiction: This action seeks the issuance of a writ of common law certiorari pursuant to Fla. R. App. P. 9.100(c) and (f). This Court has jurisdiction to review quasi-judicial action of local government through a petition for writ of certiorari pursuant to Fla. R. App. P. 9.030(c). See Broward County v. G.B.V. Intl., Ltd., 787 So. 2d 838, 843 (Fla. 2001) (explaining that quasi-judicial action is reviewable by certiorari). Stunnas filed this Petition within thirty (30) days of the entry of the City Commission’s Resolution affirming its City Manager’s June 29th Decision, and thus, the instant Petition is timely pursuant to Fla. R. App. P. 9.100(c). II. Standard of Review: On certiorari review of a quasi-judicial decision of a local governmental board, the Court is obligated to apply the three-party standard set forth in City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982); G.B.V., 787 So. 2d at 843. Specifically, the Court must determine: (i) whether the administrative tribunal accorded due process of law; (ii) whether the administrative tribunal applied the correct law, i.e., whether the essential 186 Page | 22 requirements of law were observed in the administrative proceedings; and (iii) whether the decision of the administrative tribunal is supported by competent substantial evidence. See G.B.V., 787 So. 2d at 843; see, e.g., Dusseau v. Metro Dade County Bd. of County Comm’rs, 794 So. 2d 1270, 1274 (Fla. 2001); Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089, 1092 (Fla. 2000); Vaillant, 419 So. 2d at 626. This Petition addresses all three levels of inquiry. III. The City, Including the City Commission, Violated Stunnas’ Due Process Rights and Departed From the Essential Requirements of the Law : Quasi-judicial proceedings, such as those here, contemplate a certain level of basic fairness in order to afford due process. See Hadley v. Department of Administration, 411 So. 2d 184 (Fla. 1982); Lee County v. Sunbelt Equities, II, Ltd. Partnership, 619 So. 2d 996, 1002 (Fla. 2d DCA 1993); Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991). Importantly, Florida law is well settled in that “[a] licensee has a property right in renewal of a business license of which he cannot be deprived absent the requisites of due process.” City of Tampa v. Islands Four, Inc., 364 So. 2d 738, 741 (Fla. 2d DCA 1978) (holding that licensee had a protectable interest in annual license to operate public dance hall); see also Vicbar, Inc. v. City of Miami, 330 So. 2d 46, 47 (Fla. 3d DCA 1976) (“There is no distinction at 187 Page | 23 law between the revocation of a license and the refusal to renew that license. In each case, a private right is changed or taken away and due process of law is essential to the proceeding”); Fla. Stat. § 162.07(3). a. The City Commission’s Affirmance of the City Manager’s “One Strike, You’re Out” Rule Violates the Essential Requirements of the Law. As confirmed by the Resolution, the City’s actions here are limited to the confines of Section 20-3.6(V). That provision itself contains two important limitations: (1) the decision to revoke a BTR can only be based on violations of Section 20-3.6(V) and (2) the City Manager can only revoke, or not revoke, a BTR if the requisite violations are sufficiently established. There is no provision of Section 20-3.6(V) that allows the City Manager to impose any other conditions on the renewal of a BTR, nor does the provision allow the City to modify the provision itself to expand its own authority. Accordingly, Section 20-3.6(V) is the relevant “clearly established law” for the purposes of certiorari jurisdiction. See City of Coral Gables Code Enforcement Bd. v. Tien, 967 So. 2d 963, 965 (Fla. 3d DCA 2007) (holding that municipal ordinances constitute clearly established law for certiorari review); see also Orange County v. Lewis, 859 So. 2d 526, 529 (Fla. 5th DCA 2003) (granting petition for certiorari where circuit court ignored plain language of Orange County Code); County of Dade v. Baird, 211 So. 2d 609, 188 Page | 24 611 (Fla. 3d DCA 1968) (granting certiorari where appellate court found “no support for [the underlying ruling] in the Code of Metropolitan Dade County, in Statutes of Florida or in case law”). Indeed, failing to apply the plain language of the operative ordinance warrants certiorari review because doing so would misapply “the established decisional rules of statutory construction.” Town of Longboat Key v. Islandside Prop. Owners Coalition, LLC, 95 So. 3d 1037, 1041 (Fla. 2d DCA 2012) (quoting Rinker Materials Corp. v. City of N. Miami, 286 So. 2d 552, 553 (Fla. 1973)). Because the Resolution both relies on violations of code provisions beyond Section 20-3.6(V) and affirms the City’s Manager’s one-strike rule, which has no basis in the plain language of Section 20-3.6(V), the City Commission has departed from the essential requirements of the law. This Court should grant this Petition and quash the Resolution and June 29th Decision. Clay County v. Kendale Land Dev., Inc., 969 So. 2d 1177, 1181 (Fla. 1st DCA 2007) (“We have also noted that another "clearly established principle of law" is that, when considering a petition for writ of certiorari, a court has only two options it may either deny the petition or grant it, and quash the order at which the petition is directed. G.B.V. Int'l, 787 So. 2d at 843-44 (citing cases). The court may not enter any judgment on the merits 189 Page | 25 of the underlying controversy, or direct the lower tribunal to enter any particular order.”). The City Manager engaged in an impermissible, executive modification of the Code in ruling that “if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas Fit’s BTR without any further concessions or considerations.” The City Manager’s decision, and the Commission’s affirmance, is ultra vires and constitutes a clear departure from the essential requirements of law. b. The City’s Failure to Adhere to Notice Requirements The City has deprived Stunnas of its constitutional right to notice and meaningful opportunity to be heard in countless ways. For purposes of this Petition, as outlined above, Stunnas focuses on three instances wherein these rights were unquestionably violated: (1) the City’s surprise reliance on Section 13-16 of its Code of Ordinances during the June 20th Hearing; (2) the City’s failure to update its Land Development Code on Municode, thereby making critical amendments—which the City seeks to enforce against Stunnas—accessible to the public; and (3) the City’s late introduction of exhibits in numerous proceedings underlying this Petition. Because Stunnas 190 Page | 26 had no meaningful notice and opportunity to be heard in light of these late- noticed issues, this Court should grant the Petition. c. The City Commission’s Affirmance of the City Manager’s Retroactive Application of Section 20-3.6(V)(7)(b) of the Land Development Code Stunnas challenges the City Manager’s attempt to enforce Section 20- 3.6(V)(7)(b) of the Land Development Code against Stunnas, in part, because it retroactively imposes “new legal consequences” to Stunnas’ acts that predate the enactment of this provision. Presmy v. Smith, 69 So. 3d 383, 387 n.1 (Fla. 1st DCA 2011). Specifically, due process bars the retroactive application of a civil legislation where it impairs vested property rights, creates new obligations, or imposes new penalties. State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55, 61 (Fla. 1995) (emphasis added); see also Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n, Inc., 127 So. 3d 1258, 1272 (Fla. 2013). The City Manager’s decision to enforce Section 20-3.6(V)(7)(b) against Stunnas—and the City Commission’s affirmance thereof—necessarily involves the City Manager’s consideration of past violations of Subsection (V) in determining whether to revoke Stunnas’ BTR. In doing so, Section 20- 3.6 (V)(7)(b) ties a new and devastating legal consequence—the revocation 191 Page | 27 of Stunnas’ BTR, or Stunnas’ inability to renew same—to past violations even though such consequences did not exist when the violations took place. Here, the purported violations relied on by the City Manager in determining whether to revoke Stunnas’ BTR all occurred months prior to the enactment of Section 20.3.6(V)(7)(b) on September 7, 2021. As the City Manager succinctly detailed in the June 29th Decision: “Stunnas Fit, LLC committed four (4) violations within a 90-day period (February 12, 2021; February 20, 2021; March 6, 2021; March 31; 2021). Additionally, Stunnas Fit, LLC committed seven (7) violations within a 90-day period of time from May 2021 to August 2021 (May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021; and August 24, 2021).” (emphasis added). Accordingly, due process principles bar the retroactive application of Section 20-3.6(V)(7)(b) to the aforementioned code violations because it would impose new penalties onto Stunnas—and certainty, impair its vested property rights over its business by allowing the City Manager to consider past conduct to determine whether or not to revoke and/or renew Stunnas’ BTR. 192 Page | 28 d. The City Commission Incorrectly Affirmed the City Manager’s Reliance on an Unconstitutional, Fatally Defective Ordinance As an initial matter, any reliance on Section 13-16 violates the limits of Section 20-3.6(V). To the extent it can be considered, Section 13-16 of the City’s Code of Ordinances constitutes an unconstitutional delegation of legislative authority—and thus, the City Commission’s affirmance of the City Manager’s reliance on Section 13-16 constitutes a violation of Stunnas’ due process rights. Specifically, Section 13-16 is fatally defective—and therefore unconstitutional—because, under its provisions, the City Manager has absolute and uncontrolled discretion to revoke Stunnas’ BTR without the establishment of standards or guidelines for the exercise of that discretion. The law in Florida is clear, “if definite standards are not included in the ordinance, it must be deemed unconstitutional as an invalid delegation of legislative power to an administrative board.” City of Miami v. Save Brickell Ave., Inc., 426 So. 2d 1100, 1104 (Fla. 3d DCA 1983). Directly applicable to the facts of this case, the Third DCA has previously held that an ordinance giving a city manager absolute and uncontrolled discretion to refuse to renew a business license is constitutionally invalid and its enforcement constitutes a violation of the business owner’s due process rights. See Vicbar, 330 So.2d at 46. 193 Page | 29 In fact, Florida courts have repeatedly invalidated open-ended ordinances with the exact flaws inherent in Section 13-16. See, e.g., City of Miami Beach v. Fleetwood Hotel, Inc., 261 So. 2d 801, 805 (Fla. 1972) (“No matter how laudable a piece of legislation may be in the minds of its sponsors, [o]bjective guidelines and standards should appear expressly in the act or be within the realm of reasonable inference from the language of the act where a delegation of power is involved.”); Amara v. Town of Daytona Beach Shores, 181 So.2d 722 (Fla. 1st DCA 1966) (holding that licensing ordinances must prescribe definite rules and conditions which applicant shall meet and may not leave determination of applicant's fitness or suitability to undirected and uncontrolled discretion of even the licensing authority); see also Effie, Inc. v. City of Ocala, 438 So.2d 506 (Fla. 5th DCA 1983); Drexel v. City of Miami Beach, 64 So. 2d 317, 319 (Fla. 1953); State ex. rel Ware v. City of Miami, 107 So.2d 387 (Fla. 3d DCA 1958). For instance, in Vicbar, the Third DCA examined an ordinance passed by the City of Miami involving the issuance and/or renewal of the night club business license when any agent or employee of the night club is convicted under certain alcoholic beverage laws. Id. at 47. Under the ordinance at issue, the holder and/or applicant of a night club license found to be in violation of said ordinance “may request and obtain a hearing before the 194 Page | 30 city manager, as a result of which hearing the city manager may authorize or deny the issuance, reissuance or renewal of a night club license to such holder, former holder or applicant after hearing such evidence as may be presented concerning the previous and the proposed operation of such night club.” Id. at n.2. In quashing the City of Miami’s order denying the night club’s license application, the Third DCA held that “the ordinance is fatally defective because under its provisions the City Manager has absolute and uncontrolled discretion to refuse to renew a nightclub license without the establishment of standards or guidelines for the exercise of that discretion.” Id. at 47-48. The Court further noted that “such a decision must be made in conformity with established constitutional provisions for due process.” Id. Here, Section 13-16 appears to afford the City Manager with an even broader scope of discretion to unilaterally revoke Stunnas’ BTR while providing zero guidance or mechanism to exercise such discretion. Specifically, Section 13-16 appears to allow the City Manager to revoke a BTR under virtually any circumstance—whether it be for a single violation of any applicable code “or for any other good and sufficient reason.” As such, there is no question that pursuant to Section 13-16, the City Manager would have unfettered and complete discretion to revoke (or refuse the 195 Page | 31 renewal of) Stunnas’ BTR without abiding by any definite rule or standard in the execution of such discretionary power. Accordingly, for these reasons alone, the City Commission’s affirmance of the City Manager’s apparent enforcement of Section 13-16 runs afoul Stunnas’ constitutional right to due process of law. e. The City Commission Did Not Observe the Essential Requirements of The Law: Again, any purported violations outside of 20-3.6(V), including those brought under Section 15-82.1, and any purported violations that had yet to be heard by a Special Magistrate, had absolutely no place in these proceedings. And yet, based on the record, the City took them into account in making its decisions. Accordingly, the City violated Stunnas’ right to due process of law, and failed to observe the essential requirements of the law. In determining whether the City Commission followed the essential requirements of the law, this Court must assess whether the City Commission followed its own Land Development Code and Code of Ordinances and did not renege on its promise to its citizens to uphold its own laws. See Gulf & Eastern Development Corp. v. City of Ft. Lauderdale, 354 So. 2d 57 (Fla. 1978). Failure of a local government to adhere to its own regulations constitutes a departure from the essential requirements of the law. Rosa Hotel Developers, Inc. v. City of Delray Beach, 10 Fla. L. Weekly. 196 Page | 32 Supp. 600b (Fla. 15th Cir. Ct. 2003). Further, failure to accurately interpret the controlling statutory provision or rule can amount to a departure from the essential requirements of the law when such a departure results in a miscarriage of justice. Lee v. Dept. of Highway Safety, 4 So. 3d 754, 758 (Fla. 1st DCA 2009). f. The City Commission Incorrectly Considered Violations Outside of the Scope of Section 20.3-6(V) of the Land Development Code in Affirming the City Manager’s June 29th Decision The City Commission departed from the essential requirements of the law when it affirmed the City Manager’s reliance on violations outside the scope of Section 20.3-6(V) of the Land Development Code in determining whether or not to revoke Stunnas’ BTR. Specifically, Section 20.3-6(V)(7)(b), as discussed supra, purportedly allows the City Manager to revoke a BTR “if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time…” Notwithstanding the clear language of Section 20.3-6(V)(7)(b), the City Manager considered previous citations issued and adjudicated pursuant to code provisions outside of “this Subsection (V).” Specifically, the City Manager considered three alleged violations of Section 15-82.1 of the City’s Code of Ordinances, as well as Stunnas’ alleged violation of Section 20-1.7 of the Land Development Code. Presumably, the City Manager included 197 Page | 33 these violations as a basis for the June 29th Decision because the only violations that were issued under Subsection (V) were those related to individuals running and/or jogging outside of Stunnas’ enclosed building— and thus, the City Manager would be left with no choice but to continue to prosecute Stunnas for conduct the City no longer prohibits. g. The City Commission Incorrectly Affirmed City Manager’s Reliance on Stunnas’ Alleged Violation of Section 20-1.7 of the Land Development Code Because Section 20-1.7 Did Not Apply to Stunnas’ Placement of the Subject Temporary Containers As previously discussed, the City Manager, in support of the June 29th Decision, relied on a previous citation issued against Stunnas under Section 20-1.7 of the Land Development Code in connection with the placement of temporary storage containers on the Property. The storage containers in question, however, are not “structures” as defined by Section 20-1.3 of the Land Development Code, and thus, the City’s reliance on Section 20-1.7 when issuing the subject citation for violations thereto is erroneous. It follows that the City Manager’s reliance on said citation, and the City Commissions subsequent affirmance of the June 29th Decision is also erroneous—and thus, the Resolution departs from the essential requirements of the law. Because Section 20-1.7 expressly prohibits the placement of “structures” without first obtaining applicable permits, the Code’s definition of 198 Page | 34 the term “structures” is governing in assessing whether a violation of Section 20-1.7 took place. Specifically, Section 20-2.3 defines “structures” as follows: “Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.” Land Dev. Code § 20-2.3 (emphasis added). Here, the subject storage containers were not “constructed” or “erected” on the Property. See generally App 260. The containers arrived at the Property fully assembled and constructed. Furthermore, the use of the storage containers does not require “permanent location on the ground,” nor are they attached to something having a permanent location on the ground— rather, they are fully mobile in nature. In fact, Stunnas was able to move the containers to various locations within the Property prior to ultimately removing all of them. Because it is evident that, under their plain language, Sections 20-1.7 and 20-1.3 were misapplied against Stunnas. Therefore, the Resolution, which affirms the June 29th Decision relying on this particular citation departs from the essential requirements of the law. 199 Page | 35 CONCLUSION For all the foregoing reasons, the Petitioner, STUNNAS FIT LLC, respectfully requests that this Court quash the Resolution passed by the City Commission on August 16, 2022. Dated: September 15, 2022. Respectfully submitted, Buchanan Ingersoll & Rooney PC SILVA & SILVA, P.A. 2 South Biscayne Blvd., Suite 1500 236 Valencia Avenue Miami, Florida 33131 Coral Gables, Florida 33134 Telephone: (305) 347-5912 Telephone: (305) 445-0011 By: /s/ Chance Lyman By: /s/ Maria D. Corghi Kyle B. Teal, FBN 99193 Carlos E. Silva, FBN 999032 Kyle.Teal@bipc.com csilva@silvasilva.com Chance Lyman, FBN: 107526 Ben Fernandez, IV, FBN 63881 Chance. Lyman@bipc.com bfernandez@silvasilva.com Counsel for Stunnas Fit LLC Maria D. Corghi, FBN 1017965 mcorghi@silvasilva.com Counsel for Stunnas Fit LLC CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on September 15, 2022, a true and accurate copy of the foregoing has been furnished to the Circuit Court of the Eleventh Judicial Circuit, Appellate Division, in and for Miami-Dade County and served via electronic mail to the City Attorney and City Commissioners. /s/ Chance Lyman CERTIFICATE OF COMPLIANCE 200 Page | 36 I HEREBY CERTIFY that, pursuant to Florida Rule of Appellate Procedure 9.045, this Petition complies with the applicable font and word count limit requirements. /s/ Chance Lyman 201 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA STUNNAS FIT, LLC, APPELLATE DIVISION Petitioner, CASE NO.: v. L.T. RES. NO.: 093-22-15846 CITY OF SOUTH MIAMI CITY COMMISSION, Respondent. __________________________/ APPENDIX TO STUNNAS FIT LLC’S PETITION FOR WRIT OF CERTIORARI Buchanan Ingersoll & Rooney PC 2 South Biscayne Blvd., Suite 1500 Miami, Florida 33131 Telephone: (305) 347-5912 By: /s/ Chance Lyman Kyle B. Teal, FBN 99193 Kyle.Teal@bipc.com Chance Lyman, FBN: 107526 Chance.Lyman@bipc.com Counsel for Petitioner, Stunnas Fit LLC Silva & Silva, P.A. 236 Valencia Avenue Coral Gables, Florida 33134 Telephone: (305) 445-0011 By: /s/ Maria D. Corghi Carlos E. Silva, FBN 999032 csilva@silvasilva.com Benjamin Fernandez, IV, FBN: 63881 bfernandez@silvasilva.com Maria D. Corghi, FBN 1017965 mcorghi@silvasilva.com 1 202 2 INDEX TO APPENDIX Exhibit No. Description Page 1 City of South Miami City Commission Resolution No.: 093-22-15846 and attachments 4 2 City of South Miami City Commission Meeting dated August 16, 2022, Transcription of Audio Recording 184 3 Stunnas Fit LLC’s Motion to Stay Code Enforcement Order Pending Appeal 259 203 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 15, 2022, a true and accurate copy of the foregoing has been furnished via hand delivery to the Circuit Court of the Eleventh Judicial Circuit, Appellate Division, in and for Miami- Dade County and served via electronic mail to the following: Thomas F. Pepe City Attorney 11000 SW 104th St., Unit 164500 Miami, FL 33116-7080 P: (305) 667-2564 tpepe@southmiamifl.gov Counsel for Respondent /s/ Chance Lyman Chance Lyman, FBN 107526 204 EXHIBIT 1 Appendix Page No. 4 205 Appendix Page No. 5 206 RESOLUTION NO. 093-22-15846 A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. WHEREAS, on September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunnas Fit, LLC ("Stunnas") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82. 1 of the City's Code of Ordinances on 3 separate occasions. A copy of these orders is attached to this Resolution; and WHEREAS, pursuant to Section 20-3.6(V) of the City's LDC the City Manager scheduled a hearing to determine whether to revoke Stunnas' City of South Miami Business Tax Receipt/Business License; and WHEREAS, Section 20-3.6(V)(7) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90- day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. ; and WHEREAS, the Notice to Show Cause was initially scheduled for November 8, 2021, a copy of which is attached to this resolution. The Notice alleged that Stunnas Fit LLC committed four ( 4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunnas Fit LLC committed seven (7) violations within a 90-day period oftime from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021; and WHEREAS, the hearing was rescheduled at the request of Stunnas and was eventually heard on June 20, 2022. A copy of the Notices of Hearing are attached to this Resolution; and WHEREAS, on June 29· 2022, the City Manager rendered her decision, a copy of which is attached to this Resolution; and Page 1 of 3 Appendix Page No. 6 207 Res No. 093-22-15846 WHEREAS, on July 29, 2022, Stunnas filed a notice of appeal. A copy of which is attached to this Resolution; and WHEREAS, on August 8, 2022, the City Clerk notified Stunnas Fit LLC that its appeal would be heard by the City Commission on August 16, 2022. A copy of this notice has been attached to this Resolution; and WHEREAS, Section 20-3.6(V)(7) (c) provides for an appeal of a decision of the City Manager and it states: Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or permit for failure to comply with these regulations may be appealed by the property or business owner to the City Commission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section 13-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in question clearly meets the definition of a nuisance as defined in this Subsection 20- 3.6(V). The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated, if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). WHEREAS, Section 13-105 authorizes an appeal to the City Commission and authorizes the City Commission to reverse, affirm or modify any order, requirement, decision, or determination appealed from, and may make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoing recitals are based on competent substantial evidence and are hereby ratified and incorporated by reference as if fully set forth herein; and Section 2. The decision of the City Manager made on June 29, 2022, regarding Stunnas Fit LLC is hereby affirmed. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final Resolution for signature. Section 4. 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 will not affect the validity of the remaining portions of this Resolution. Page 2 of3 Appendix Page No. 7 208 Res. No. 093-22 -1 5846 Se c tion 5. Effective Date. This Resolution is effect ive upon adoption . PASSED AND ADOPTED thi s 16th day of August, 2022. ATTEST: WteJL~ ~ C ITY &LE RK C) READ AND APP ROVED AS TO FO RM, LANGUAGE , LEGALITY, AND EXECU TION TH E Page 3 of 3 COMM ISS IO I VOTE: Mayor Philips: Commissioner Harris : Commiss ioner Liebma n: Com mi ss ioner G il : Comm iss ioner Corey : 5-0 Yea Yea Yea Yea Yea Agenda Item No:12. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 3/5 (City Clerk) Suggested Action: Attachments: Resolution_re_Appeal_of_Stunnas_Fit.docx Order re Case No. 21-00251.pdf SMO 21-00122_20211008081904.pdf SMO 21-00177_20211008081814.pdf SMO 21-00179_20211008082028.pdf SMO 21-00180_20211008082117.pdf SMO 21-00226_20211008082841.pdf SMO 21-00227_20211008082249.pdf SMO 21-00230_20211008082337.pdf SMO 21-00231_20211008082445.pdf SMO 21-00232_20211008082532.pdf SMO 21-00233_20211008082752.pdf SMO 21-00310_20211008082925.pdf SMO 21-00317_20211008083030.pdf Let G. Varona - Stunnas Oct 14, 2021 related to hearing on Nov 8 2021 (1).pdf 1Appendix Page No. 8 209 Let G. Varona & Consolidated - Stunnas Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf Let G. Varona & Consolidated - Stunnas signed Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf Email confirming Show Cause Hrg continue to June 1, 2022.pdf Email to Teal re Cont. to June 20..pdf Stunnas Appeal of City Manager 6-29-22 Decision.pdf Email from Clerk to All parties re Appeal Hrg Aug 16, 2022.pdf Clerk's Notice of Appeal Hrg with Commission.pdf MDBR Ad.pdf MH Ad.pdf Exh 1 Notice to Show Cause Order.pdf Exh 2 - Email Notices of Show Cause Hrgs.pdf Exh 3 Emails re re-setting Apr. 25 Hrg..pdf Exh 4 Em CA to Teal re Cont to June.pdf Exh 5 & 6 Emails with Teal setting Hrg. for June 20, 2022.pdf Exh 7 Em Vega to CA confirming June 20 Availability.pdf Exh 8 -All relevant Sp Magistrate Orders.pdf Exh 9 Sec. 20-3.6(V) (Amended 09-07-2021).pdf Exh 10 Screenshot of Varona 9-7-2021 C Mtg.pdf Exh 11 Complaint Affidavir Milian 12-04-2021 outside Act..pdf Exh 12 CNOCI 21-00181 issued 05-21-2021 Operating before 6 am.pdf Exh 13 Stunnas BTR 2021.pdf Exh 14 MaxCouper Em with Stunnas Fit Webpage Sch of Activity before 6 am.pdf Exh 15 Stunnas Fit Webpage re services and hours.pdf 2022.06.20 Stunnas meeting transcript.pdf 2Appendix Page No. 9 210 6Appendix Page No. 10 211 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 TAX FOLIO NO: 09-4025-012-0500 6600 SW 62 Avenue PROPERTY LOCATION: South Miami, Fl. 33143 OWNER: CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLATOR: TENANT: STUN NA'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1. T lj.P-FOLLOWING ARE APPLICA o/ TO THIS HEARJNG (check appropriate boxes) [5 VIOLATOR(S) PRESENT tl VIOLATORS AG ENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : ~NSPECTOR'S TESTIMONY ~ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □,,.F IELD REPOR TS □ PLAN(S) / MAP(S) i;:YPHOT ~ ..,P ROOF OF OWN ERSHIP (REAL AND/OR PERSO i0""0 THE R (IN,VOIC ESY!!. i 9 ::3 1fPND~NCE, ET t.S :M-<l ll~ 3. SUMMARY OF EVIDENCE PROVl~D: af 1kR::::. ,.,_,., __ ~.,,,. Ct! . A. BY DEPARTMENT: ~E VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY ANDO.IQ ; COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE I fl. OF O RDINAN 0 □ OTHER_~~~'=,JJ.LL-',).___L~(d.-_.l!'.l,~~4,J.:.J.Y.~~~~--=----==-ltL~..../L~..J.Lf-_---:~~I B. BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER _____________ ---,I'~---------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explana ti on if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN a{j-0 INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES □ NO 7Appendix Page No. 11 212 6. UL TIMAT~FI DINGS: A. IT E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER b)(1) OF THE LAND DEVELOPMENT CODE . DON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) . '1 fj _,i,u ~ UILTY □ NOT GUILTY OF THE SUBJ ECT VIOLATION. / ()'--7 ~, C. IT IS HEREBY ORDERED THAT THE FOLLOWl p--}CJ 10 7 p ~7},~t (U/15 f~ J~ ~1 QOQ, / _ 1.Violator(s) shall pay to the City Clerk$ 3 t/ 0. btJ ~vir;;,;lty for each vi o la t ion ) an d fd No,/eft)W, $ ta S . DO (hearing costs), totaling\ 3 g b-0 ~ 'J.o"J..{ (NOTE : if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) mz nt h fr om the time the lien is file d.) 2. Dead line for compliance □ SHALL be extended to (Date)____ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE : Special Magistrate's Decision i nco rp May 20, 2022 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON, mtJ.1 2Q, 20.ZZ 8Appendix Page No. 12 213 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOJ ; O; Ct}-t/025-0J.2, 050) OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLA TOR: PLANNING CORP 6796 SW 62 AVE S MIAMI. FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00122 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABy(TO THIS HEARING (chec k appropriate boxes) □ VIOLATOR(S) PRESENT ¢" VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY 0 INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOT G HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) _:J.:a_r::/J~2M-flf=_LfJ.'..2..:_ffl~~~U2~-- 3. SUMMARY OF EVIDENCE PROVIDED: 4. B. BY ALLEGEDVIOLATOR(S): □ TESTIMONY (UNDEfiOATH) ;::a TESTIMONY OFFERED i/4THER A cyi, C/'e-ftf of (,Q!!J/(.12)( BASIC-;;NDERL YING FACTS: DEPARTMEN:✓i : □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? YES □ NO 9Appendix Page No. 13 214 6. ULTIMATE FINDINGS : A. IT IS r.4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION v ~~S □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S{V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B dsED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥'GUILTY □ NOT GU ILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator(s) shall pay to the City Clerk$ ~O, <TU (civil penalty for each violation ) and $/~S,'Cln ' (hearing costs), totaling =$---'-(f-4,-----7~l5~-_H) ______________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the v iolator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIO DER: \{'a.QJLoiWLr- nYl /21Ut □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Mag istrate's Decis ion incorpo ra s September 24 , 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 10Appendix Page No. 14 215 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PL UM TERR A DON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQU ARE FEET roL1Cx oq -402/;-01-2-osco OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLA TOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00177 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABL)i'tO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDE,CE WAS OFFERED: e{;~N PECTOR'S TESTIMONY r/ INS PECTOR 'S AFFIDAVIT □ ELD REPORTS □ PLAN(S) / MAP(S) e:f' PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) 4 THER AFFIDAVITS f/ PHOTOGRAPHS CTO TH ER (INVOI CES , CORRESPONDENCE , ETC ... ) ________________ _ 3. SUMMARY OF EVIDENCE PROV_;P ED: 5. A. BY DEPARTMENT: 0fHE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER ________ ------.-...---------------=~----.--=-+-----□ yru_-b-t,~ ~inr~ sf w,~ ~+ Efif ~ vat.e ~ /afr~~"frlO [(Ul?,C'll ~ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ N~ TESTIMONY OFFERED J;f yt'o THER ~;f!:J'7!r ~tr,:-, F,f.d~i~tf5l1ti::_::!f:j, 4 . BASIC UNDERLYING FACTS: DEPARTMENT □ IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EV l DEN E TO INDICATE THATTHE VIOLATOR(S ) IS/ARE RESPONSIBLE FOR THE SUBJECT VI OLATION ? YES □ NO 11Appendix Page No. 15 216 6. ULTIMATE FINDINGS : A. IT'S 4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION ~ ;~S □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. -L SED ON THE FORGOIN G, TH IS SPECIAL MAGISTRATE FINDS THE VIOLA TOR(S) ~8UILTY □ NOT GU ILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk $~--~Q~·~O~--,.... $ f:;Jf;;L!) (hearing costs), totaling =--~~.,.rv-•~""....,o#X---------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dad e County which shall con tit ut e a li en against the violator's property, real or personal. The C ity may fo reclo se on a ny s uch lie , w hich rema ins unpaid after t hree (3) mo nt hs from t he time t he li en is fi led .) ~ {R__~ 2 . Dea d lin e for compli anc e SHALL be exte nded to (Date)____ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: (NOTE: Special Magistrate's Decision incorp or (e~ny a Se ptember 24, 2021 _/_ \.-=---+-c----' ....... -='--...,._ __ --4-~~1----='->.L=------- Date Decision Rendered S NOTE : If you w ish to appeal the Special Magistrate 's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ___________ _ CLERK 12Appendix Page No. 16 217 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ,--o· OR 21958-0616 12 2003 6 r1 ., 2-rJ5CXJ PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 ALLEGED VIOLATOR: CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33 143 -3 306 TENANT: Stunna's Fit CASE NO.: 21-00179 HEARING DATE : Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE D HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: r;/i'NSPECTOR'S T ESTIMONY 6 1N SP ECT OR 'S A FFI DA VI T of OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) 0 PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PJ W PERTY) C. a.._v el,0-.~c.~ , I a QIOTH ER (l voIcE~, coffs PONDENCE, ETC ... ) ...... 1/........,.,,,& ,.,..('2_4::1"=("-+-' ~U ...... o-j _'6 bb'--"'-'U·-=t--~Cd:~lv-·h-f__.L..,... .... --__.:b-.,..___ 3. SUMMARY OF EVIDENCE PRO IDED : 4 . A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENALTY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2 -25 OF THE CODE OF,.DRDI NAN ES OF THE CITY OF OUTH~MI , FLORIDA. ta'OTHER -1-~..L..-1--l..J.,""""-'c.=:;L__.s......:~!:......a...-=-l'-Y-Jt.Lµ.-"""'-"'----'---f---'~~=-=---4'-!.l..L.!4'.f..L--¼f--=......:_.x..L:...4~~L__- □evid_ B . BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) Zo TESTIMONY OFFERED l2f OTHER ~t cO'-:ni: &f C!p-tA/j,M BASIC UNDERLYING FACTS: DEPARTMENT er1s □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMP ETENT EVIDEN Q'E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VI O LATIO N? l!:'.(y Es □ NO 13Appendix Page No. 17 218 6. ULTIMATE FINDINGS: A. IT IS L E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION M~~s □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PRovIsI0Ns OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. Af!('S ED ON THE FORGOING, TH IS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) fit'"GUILTY □ NOT GUILTY O F THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 S"°O. L!O (civil penalty for each violation) and (hearing costs), totaling =$-~-l--i~-.,..__.0-0,,,_=--------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorp o September 24. 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate 's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: ____________ _ CLERK 14Appendix Page No. 18 219 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & . CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET F='OLt o: OQ-4025-02-0500 OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-001 sa I HEARING DATE : I September 24. 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLy4o THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ✓VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~SPECTOR'S TESTIMONY if!NSPECTOR 'S AFFIDAVI T ~ER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS .-Er'P ROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O ERTY ) , n _ . ( ~- g-cjTHER (INVOICES, CORRE ~~N-~jci E, ElI;..) ~-f V, b&Q-d / {1Uj/_J1 r,q 3. SUMMARY OF EVIDENCE PROVIDED: / IA'....,"/1 ~ JO ~ 1 /C//1 • c_) 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □OTHER ______________________________ _ □ B. BY ALLEGED VIOLA TOR{S): □ TESTIM ONY UN P,.E R OA T H) □ NO TESTIMONY OFFER E D ""O TH ER ' -. { , h ,b BASIC UNDERLYING FACTS : DEP ARTMENT ✓,S □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E~ TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?i0YES □ NO 15Appendix Page No. 19 220 6. ULTIMATE FINDINGS : A. IT IS _,/4E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION M WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. 8 . 4-sED ON THE FOR GOIN G, T HIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) if"'GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT 15 HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator( s) shall pay to the City Clerk $ 3 'f D fl---() 7 ) cjjl penalty for each violation) and $ /()._ S: /)--{) (hearing costs), totaling ..L$_'£JQ__,__ --='---~--' _Qf)_......._ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the v iolator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOT AT IONS: □ SPECIAL PROVISIONS OF ORDER: e,._cR_'fl, /"\Isl {f;fi □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : S eptember 24 , 202 1 Date Decision Rendered uarez-Rivas, Esq. NOTE : If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 16Appendix Page No. 20 221 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 PROPERTY LOCATION: ALLEGED VIOLATOR: LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI. FL 33143-3306 TENANT: Stunna's Fit CASE NO.: 21-00226 HEARING DATE: FINDINGS OF FACT: 5-012-OE:CD Se tember 24, 2021 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) 5. D VIOLATOR(S) PRESENT D NON-COMPLIANCE D CONTINUING VIOLATION D HEARING RESCHEDULED D DECISION DEFERRED D VIOLATORS AGENT PRESENT 0 NON-PAYMENT OF CIVIL PENAL TY 0 COMPLIANCE 0 APPEAL WITHDRAWN 0 CASE WITHDRAWN D FAILED TO APPEAR 0 REPEAT VIOLATION 0 HEARING CONTINUED □ VIOLATION DISMISSED D OTHER ______ _ 8. BY ALLEGED VIOLATOR($): STIMONY (UNDER OATH) D NO TESTIMONY OFFERED D OTHER --+~L.L.J"-'-L.:....r.<.!~-6_._,_---=~"ff-J'--'---+L:F-'-'~~-=-=,f-----ir-+fif-=+,i.,~<!¥------.-------- 4 . BASIC UNDERLYING FACTS: DEPARTMENT IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN~~ INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?~~ u □ NO 17Appendix Page No. 21 222 6. ULTIMATE FINDINGS: A. IT IS TH ~ETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □¼s □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. B. Bt!(S ED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) V GUILTY □ NOT GUil TY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk$ ~0 0 , tJ-0 (civil penalty for each violation) and $ la -S:r:v ,. (hearing costs), totaling ~$_ ..... (d ___ ¼,d-_.........,S_..'-T---...,[rD'------'=----------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: September 24, 202 1 Date Decision Rendered ... NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 18Appendix Page No. 22 223 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FnL J o;· {J::j-l/025-Gi2-{)5[0 OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00227 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICAB ✓r o THIS _HEARING (ch eck appropriate boxes) □ VIOLATOR(S) PRESENT if VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: 6 INSPECTOR'S TESTIMONY ✓iNSPECTOR'S AFFIDAVIT □ ...errH ER AFFIDAVITS 11 FlELD REPORTS □ PLAN(S ) / MAP(S) 0 PHOTOGRAPHS IZf"'. PROOF OF OWNERSHIP (R EAL AND /OR PERSONAL PROPERTY) ,1 . C, -11 ' 6~ ~~~R-£ta(r~ORRESPONDENCE , ETC ... ) ?ec b ms;} J-r4{;rl_hviJ t>l obi!..Tf3 3. SUMMARY OF EVIDENCE PROVI ~ 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER -------------------------------□ / B. BY ALLEGED VIOLATOR(S): ~ESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ______________________________ _ BASIC UNDERLYING FACTS: DEPARTMENT ~ □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUB STANTIAL COMPE TEN T EVI DEN~O INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSI BLE FO R THE SUBJECT VIOLATION ?.0YES □ NO 19Appendix Page No. 23 224 6. ULTIMATE FINDINGS: A. IT IS ~ DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION ~ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 'J #o 8---o (civil penalty for each violation) and $ /d, .$:. t>-tJ (hearing costs), totaling $ f-{i; 5, 0-V (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates ~1:i:1· istrativ Septembe r 24 , 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's dec ision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 20Appendix Page No. 24 225 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 200 3 6 FOLi PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 ALLEGED VIOLATOR: CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: 21-00230 HEARING DATE: Se tember 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS D .,jlROOF OF OWNERSHIP (REAL AND/OR PERSONAL P · R :fJY) f 1 (2 _ T _j_ /_ J □ FIELD REPORTS □ PLAN(S) / MAP(S) ~ □ PHOTOGRAPHS j2fOTHE R (INVOICES, CO RRE S ~NDE NC ~ ... ) ~iA'4' V:/1t9(;tt: ftiPdJ Df,,, ' 3. SUMMARY OF EVIDENCE PROVI DE g;h 1t i5 {) e'J Dr ':to~/TI I I O() t:l /rrt~trlv fq/~. 5. 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIO~Sl,F CHAPTER 2-25 OF THE CODE raT~~~A~~ T~ldt~ ~L[)'BA. J/oA ,>er J B. BY ALLEGED VIOLATOR(S):✓ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED ~JI / □_:;;;~;!/!/!!/;~~~ (}1 c Vc rmc, 1 in;(qf' mrui'lf0'"11l/ BASIC UNDERLYING FACTS: DEPAR<,.;;L NT □ IS ~T CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further ex planation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENCE TO I . ICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?□ YES NO 21Appendix Page No. 25 226 6. ULTIMATE FINDINGS*. A. IT IS THE DETE · !NATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS WAS OT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPM T CODE OF THE Cl1Y OF SOUTH MIAMI, FLORIDA. B. BASED ON THE ·ORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ ·72 ~ (civil penalty for each violation) and $ ??!:1 --!....L. ......... L-JLP----(hearing costs), totaling =-------------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: _ / ~PEc1AL PRovIs10Ns oF oRoER: ~l ..,Jl iNJJ vt(/,(/J/ Te..rl,n~7d) :U tr c:,d/1<MJ /J 1:~2£:' kJf}f □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inco rporate n dm ' September 24 , 2021 Date Decision Rendered Special NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 22Appendix Page No. 26 227 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FlJL i O .: QC?-L/D25-0.2-2-05d) OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna 's Fit CASE NO.: I 21-00231 I HEARING DATE: I Seotember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON -COMPLIANCE □ NON -PAYMENT OF CIVIL PENALTY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : □ INSPECTOR 'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □OTHER _______________________________ _ □ 8 . ,BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER _______________________________ _ 4. BASIC UNDERLYING FACTS: DEPARTMENT □ IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENCE TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?□ YES □ NO 23Appendix Page No. 27 228 6. ULTIMATE FINDINGS: A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ ________ (civil penalty for each violation) and $ _______ (hearing costs), totaling~$ ___________________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorporates any administrative notations indicated.) Septembe r 24 , 202 1 Date Decision Rendered Special Magistrate Signature: Rafael E. Suarez-Rivas, Esq . NOTE : If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 24Appendix Page No. 28 229 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOLIO: m-l+DZn-O-12.--rECO OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00232 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICr THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~PECT OR 'S TESTIMONY ✓INSPECTOR 'S AFFIDAVIT □ 9THER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) [)/PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PR 9,e EBTY)_ { (\ J L~{_ 11 -,.,.J □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ///1£,.t) C7'L ~ r....t(T?[CJ}.,dlt1.JL 3. SUMMARY OF EVIDENCE PR ~DED, of!~ f~fl#p J ~ f-U,Z~ A. BY DEPARTMENT: l1THE VIOLATION WAS ISSUED IN ACCORDANCE ~t¼ THE E {;{~~ COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAP T R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. 5. □ OTHER ______________________________ _ □ 8 . BY ALLEGED VIOLATOR(S) TESTIMO Y (UNDER OATH) · NO TESTIMONY OFFERED 4. 6 r OTHER __ o_,V--+-\.A..-'--(Yl~e,J~-/-'-----"'"'o-f_+--. ___,O"'---"'o/--'--'1)-=-.u.f=--~......,-=.,..--=--Vt_i>_,__,A'-'-'-~--c>___,\J..___ ___ _ BASIC UNDERLYING FACTS, DEPARTMENT Z □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E" .("TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?6v~s □ NO 25Appendix Page No. 29 230 6. ULTIMATE FINDINGS : A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 JftJ t:>-iJ (civil penalty for each violation) and $ / d,"7 00 (he aring cos t s), to ta lin g ..... $ __ ltr:--J-~-..,...,Sr---'('-"-'.r:T__,_LJ.__ ________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision inco rporates Sep tem ber 24 . 2021 Date Decision Rendered NOTE : If you w ish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 26Appendix Page No. 30 231 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FZJU'O :(J)-t//:)25 -012-05Ci) OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33 143-3306 TENANT : Stunna 's Fit CASE NO .: I 21-00233 I HEARING DATE : I Seotember 24, 2021 FINDINGS OF FACT : i: 1. THE FOLLOWING ARE APPLICAB TO T HIS HEARI NG (check appropri ate boxes) □ VIOLATOR($) PRESENT V IOL A TO RS A GENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : 6iNS PECT O R'S T ESTIM ONY ' INS PECTO R'S AFFI DAVI T □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN($)/ MAP(S) □ PHOTOGRAPH7;-{ □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL Pf3..0J1E'¼ETY). r ~ /7 □ OTHER [INVOICES , CORRESPONDENCE, ETC ... ) l/2MIJ,~~('!s;1 , l,.,,!fJLg_~ 3. SUMMARY OF EVIDENCE PROVIDED : 0 N 4 . A . BY DEPARTMENT : □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER ______________________________ _ □ B . BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TEST IMONY OFFERE D1 JlfoTHER Try, I{ C'il ,&ii-of c& '+9-n~ ~{!;.,!( N,dr-d.mo ' BASIC UNDERLYING FACTS : DEPARTMENT ~ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW : 5 . FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN C ~j o INDICATE THAT THE VIOLATOR($) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~t □ NO 27Appendix Page No. 31 232 6. ULTIMATE FINDINGS: A. IT IS ~E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT T HE SUBJECT VIOLATION it{ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. E\faASED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ~ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator (s) shall pay t o the City Clerk$ 3 J-/1), D-r) (civil penalty for each violation) and .$ / 6-C5{) (hearing costs), totaling =-$---'-1/G-+-------==~==-..e..' _,fri)_--""'----------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inccirpor September 24, 2021 Date Decision Rendered . Suarez-Rivas, Esq. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 28Appendix Page No. 32 233 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET POLIO .~C£/-J./025--012-CbOD OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00310 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN g 6~~:~~1Efwf 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY )~ □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ---rv+£""'@-Q,,e.;,c=-....... /-=~ .......... .___ _______ _ 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT:~ VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . l"?'J_ :snOTHER ---.-:~-------------------==-----------r--- 6n~, ~.:...__,_-~rL-..1........:.) ___;R.:s~~~~~~~'So!r'Q__=-:. '--=----=--~-=----;l---=·~:.......__.:._::..___:_T'-=-a ___:_.,~c..+----2-.l-.=.!.!!~'---- i r c0-J"e__, n t/4 o l~ --l '6Y\ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED 4. □ OTHER ____________ _,... _________________ _ BASIC UNDERLYING FACTS: DEPARTMENT is □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVID P-14 TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~~S □ NO 29Appendix Page No. 33 234 6. UL TIMA ~DI NGS : • A. IT E DETERMIN ATIO N OF 1H IS SP ECIAL MAG ISTRATE THAT THE SUBJECT VIOLATION AS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE .CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. R ~S EO ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥'GUILTY □ NOT GU ILTY OF THE SUBJECT VIOLATION, C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator(s) shall pay to the City Clerk $ 3 4 0 J1> ( civil penalty for each violation) and $ /J...t;_ 00 (hearing costs), totaling $ J/w __ £:. {)V (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOJ" be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PRov1s10Ns OF ORDER: SC½1L £cdl (l:t./) +c~ o~ ::h L-M 0 *Yt~¥;i¥t;~-=~ d f Fli • es l>h --+Y\!l_ f(l.e,o I< • □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate 's Decision incorporates September 24. 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON : ____________ _ CLERK 30Appendix Page No. 34 235 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit 025-()-12. -{)!::CC) CASE NO.: 21-00317 HEARING DATE: Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ NON-COMPLIANCE O NON-PAYMENT OF CIVIL PENAL TY D CONTINUING VIOLATION O COMPLIANCE □ HEARING RESCHEDULED D APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN □ FAILED TO APPEAR □ REPEAT VIOLATION 0 HEARING CONTINUED □ VIOLATION DISMISSED □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY D INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ P:;v70TOG HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PR ~JY) !--I □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ------~~~-~~----------- B. BY ALLEGED VIOLATOR(S): 0 TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ____________ -+------------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EV ID E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? YES □ NO 31Appendix Page No. 35 236 6. ULTIMATE FINDINGS: A. IT I~ 4 E DE TERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION tf 1~AS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF T H DE OF OR DINANC ES OF THE C ITY OF SOUTH MI AM I, FLORIDA. ED ON THE FORG OING , TH IS SPE C IAL MAGISTRATE FINDS THE VIOLATOR(S) LTY □ NOT GUILTY OF THE SU BJECT V IO LATI ON. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 6 i./0 00 (civil penalty for each violation) and $ /J5 b-u (hearing costs), totaling _$1,;::;1/-!-J/o....,, ........... ---~-~ _crt")~---------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS : □ SPECIAL PROVISIONS OF ORDER: . a.-i-e-. ct. I □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decis ion incorporates · · · tatfo s indicate September 24 , 2021 Date Decision Rendered Spe nature : R af vas, Esq . NOTE : If you wish to appeal the Special Mag istrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ___________ _ CLERK 32Appendix Page No. 36 237 THE CITY OF PLEASANT LIVING Office of the City Manager October 14, 2021 Gabriel Varona Managing Member Stunna's Fit ~LC 6600 SW 62 Av South Miami, Florida 33143 RE: Order to Show Cause Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1.7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; 33Appendix Page No. 37 238 (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, November 8, 2021 at 10:00 a.m., in the City Manager's conference room at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiamifl.gov 34Appendix Page No. 38 239 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 35Appendix Page No. 39 240 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincerely yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiarnifl.gov 36Appendix Page No. 40 241 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 37Appendix Page No. 41 242 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincerely yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiarnifl.gov 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 1/7 Re: Stunna's Fit - Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Mon 4/18/2022 11:56 AM To:Johanna Vega <jvega@almazanlaw.com>;Teal, Kyle B. <kyle.teal@bipc.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc:dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma 38Appendix Page No. 42 243 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 2/7 Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request   EMAIL RECEIVED FROM EXTERNAL SOURCE June 1 and 7 is ok with Consolidated. Thanks  Johanna  Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvega@almazanlaw.com From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, April 15, 2022 4:02:46 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request   SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good afternoon – for the Stunna’s parties, we are available on June 1st, 7th, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 39Appendix Page No. 43 244 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 3/7 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 40Appendix Page No. 44 245 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 4/7 Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon, 41Appendix Page No. 45 246 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 5/7 Our office represents Consolidated, the property owner.  We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna’s and Consolidated.  April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial.  Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and please advise the new date for the hearings.  Please advise if you have any questions. Thanks, Johanna     Johanna Castellon Vega | Attorney                                  Almazan Law LOGO  7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: npayne@southmiamifl.gov Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com> Subject: Stunna's Fit - Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stunna’s Fit. Regards, Kyle 42Appendix Page No. 46 247 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 6/7 Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kyle.teal@bipc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Hrg on Order to Show Cause re Revocaon of business license [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your 43Appendix Page No. 47 248 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 7/7 long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 44Appendix Page No. 48 249 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/6 Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Tue 6/7/2022 3:16 PM To:Johanna Vega <jvega@almazanlaw.com>;'Teal, Kyle B.' <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc:'Gabriel Varona' <varona305@icloud.com>;'Ben Fernandez' <bfernandez@silvasilva.com> 31 attachments (25 MB) Let G. Varona & Consolidated - Stunnas signed Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf; 21-00122 CO 5_20220531160856.pdf; 21-00122 Exh C.1 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity .pdf; 21-00122 Exh C.2 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity Amended .pdf; 21-00177 CO 5_20220531161345.pdf; 21-00177 Exh B - NOCI 21-00177 (Vio. Date 2021-02-12) CB Outside .pdf; 21-00179 CO 5_20220531161243.pdf; 21-00179 Exh. C - NOCI 21- 00179 (Vio. Date 2021-02-20) JM & Police Outside.pdf; 21-00180 CO 5_20220531161446.pdf; 21-00180 Exh C - NOCI 21-00180 (Vio. Date 2021-03-06) JM Outside.pdf; 21-00226 CO 5_20220531161622.pdf; 21-00226 Exh C - NOCI 21-00226 (Vio. Date 2021- 05-29) Idling.pdf; 21-00227 CO 5_20220531161733.pdf; 21-00227 Exh C - NOCI 21-00227 (Vio. Date 2021-05-31) VW Outside.pdf; 21-00230 CO 5_20220531161838.pdf; 21-00230 Exh C - NOCI 21-00230 (Vio. Date 2021-06-05) Outside.pdf; 21- 00231 CO 5_20220531162023.pdf; 21-00231 Exh C - NOCI Outside VW 21-00231 (Vio. Date 2021-05-06).pdf; 21-00232 CO 5_20220531162140.pdf; 21-00232 Exh B - NOCI No. 21-00232 (Vio. Date 2021-06-07) CB Outside .pdf; 21-00233 CO 5_20220531162244.pdf; 21-00233 Exh B - NOCI 21-00233 (Vio. Date 2021-06-14) CB Outside.pdf; 21-00251 CO 5_20220531162557.pdf; 21-00251 Exh B - NOCI 21-00251 (Vio. Date 2021-07-02) CB PODs.pdf; 21-00308 Exh C - NOCI 21- 00308 (Vio. Date 2021-05-29) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-00310 2021-07-26 NOCI 21-00310 re Bus idling Sec. 15-82.1 Stunna2.pdf; 21-00310 CO 5_20220531162341.pdf; 21-00310 Exh C - NOCI 21-00310 (Vio. Date 2021-07-26) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-000317 CO 5_20220531162454.pdf; 21-00317 Exh 21-00317 B.1 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Stunna's.pdf; 21-00317 Exh B.2 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Varona.pdf; Attached is the original notice for the hearing that has been continued on numerous occasions at the defendant's requests and that will be heard on June 20th. Also attached are the certified copies of the Special Magistrate's orders that are referenced in the Notice of Hearing and the citations referenced in those orders. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- 45Appendix Page No. 49 250 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 2/6 mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Tuesday, June 7, 2022 11:48 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; 'Teal, Kyle B.' <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: 'Gabriel Varona' <varona305@icloud.com>; 'Ben Fernandez' <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251   EMAIL RECEIVED FROM EXTERNAL SOURCE Good morning Mr. Pepe, Please send copies of the notices and citations that will be heard on June 20, 2022 at 9:30 am. Thanks, Johanna     Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Johanna Vega Sent: Wednesday, June 1, 2022 10:06 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Thank you for your response.   Yes, you did not receive an email from me with Consolidated’s availability, but the City received Kyle’s email which contained both Stunna’s availability and Consolidated’s availability.     Please provide copies of the notices for all matters being heard on June 20 at 9:30 am. Thank you, Johanna       Johanna Castellon Vega | Attorney                                  46 ,., -ALMAZAN LAW Appendix Page No. 50 251 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 3/6   7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 10:00 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * While I don't agree with your assessment of the facts since you did not provide a cmiment to any dates in June, the City Manager has agreed to connue the hearing as to Consolidated unl June 20th 2022 at 9:30 a.m. This is the same date and me to which the Snna's Fit hearing has been connued. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Johanna Vega <jvega@almazanlaw.com> Sent: Wednesday, June 1, 2022 9:49:11 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Mr. Pepe, Kyle Teal provided dates for Consolidated’s availability in the email below.  I have highlighted the message for ease of reference.  Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing.   On May 18 you advised that the City Manager had granted “all” one last continuance so long as we provided dates in June – which we did.   I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice.  I have an associate that just resigned and my law partner is traveling on business.  I certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am.    47 ,.,, -ALMAZAN LAW --- Appendix Page No. 51 252 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 4/6 Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna’s only the license revocation issue.   Please advise.   Johanna         Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 9:38 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its aorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granng Stunna's a connuance unl June 20th at 9:30 a.m. There will be no further connuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 48 ,,, -ALMAZAN LAW --- Appendix Page No. 52 253 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 5/6 EMAIL RECEIVED FROM EXTERNAL SOURCE Good evening, Counsel for Stunnas is available on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is available on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 11:38 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 Contact the city clerk and she will make arrangements to have the hearing burned to a CD or a flash drive. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, May 20, 2022 4:49:21 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com <dwinker@dwrlc.com> Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you. Please send me the video recording of the hearing as soon as possible. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 1:36 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com 49Appendix Page No. 53 254 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 6/6 Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Order re: City v Stunna's Fit Case No. 21-00251 [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Attached is the order that was rendered today, May 20, 2021, by the Special Magistrate in case no. 21-00251.   Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 50Appendix Page No. 54 255 July 29, 2022 Via U.S. Mail & Electronic Mail Ms. Nkenga Payne City Clerk, City of South Miami 6130 Sunset Drive South Miami, FL 33143 NPayne@southmiamifl.gov Re: Stunnas Fit, LLC Appeal of City Manager’s June 29, 2022 Decision Dear Ms. Payne: Please be advised that this office represents Stunnas Fit, LLC (“Stunnas”). We hereby submit this notice of appeal of City Manager Shari Kamali’s decision, dated June 29, 2022. Please see the attached City-approved appeals form and the June 29th letter we are appealing. Specifically, and for detailed reasons on the record and that will be further provided, Stunnas objects to the City Manager’s decisions expressed in her June 29th letter that purport to, among other things, condition the renewal of Stunnas’ business tax receipt (BTR) on payment of pending fines from underlying code citations – all of which are currently being appealed vis-à-vis this appeal before the city commission, and one of which is concurrently being appealed in Miami- Dade Circuit Court. See Stunnas Fit LLC, et al. v. City of South Miami, case no.: 2022-000035- AP-01. Stunnas also objects to the City Manager’s unauthorized, executive modification of the code in order t o create a rule specific to Stunnas with regard to the City’s potential BTR revocation. Furthermore, please ensure the accuracy of the seemingly pertinent code provision found on Municode.com and please confirm that it governs this process: Sec. 13-27. - Appeals. (a)An appeal to the city commission may be filed with the city clerk upon a form prescribed by the city clerk. An appeal must be filed within thirty (30) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s). 51 Buchanan Ingersoll· Rooney Appendix Page No. 55 256 (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken or the city manager certifies to the city commission, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's or the city manager's opinion, cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. (c) If certification occurs in accordance with subsection (b) above, proceedings may not be stayed, except by a restraining order, which may be granted by the city commission or by a court of record on application, on notice to the officer from whom the appeal is taken, or the city manager and on due cause shown. (d) The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing such appeal, and shall provide due notice of the appeal to the parties. (e) The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. (f) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of this chapter relating to business tax receipts, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done. (g) The city commission shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. (emphasis added). Please advise as to when we can expect to be placed on the commission’s agenda. Thank you for your attention to this matter. Sincerely, Buchanan Ingersoll Rooney PC cc. Johanna Vega, Esq. and Richard Asfar, Esq. Thomas Pepe, Esq., Shari Kamali, and City Commission 52Appendix Page No. 56 257 July 29, 2022 Stunnas Fit LLC c/o Kyle B Teal, Esq. Buchanan Ingersoll & Rooney PC 2 S. Biscayne Blvd. Suite 1500 Miami FL 33131 305-347-5912 kyle.teal@bipc.com 6600 SW 62 Ave. See City Manager's June 29th Letter attached See cover letter and City Manager's June 29th Letter attached. /s/ Kyle B Teal/s/ Richard N. Asfar Esq., FBN 68154 (as counsel for landlord for limited Consolidated Research & Planning Corp. for the sole limited purpose of authorizing tenant to pursue this appeal) 53 South Miami THE CITY OF PLEASANT LIVING Code Enforcement Division 6130 Sunset Dr., South Miami, FL 33143 Ph: (305) 663-6335 Fax: (305) 666-4591 Email address: Code@southmiamifl.gov REQUEST FOR APPEAL Date: ----------- Appellant's name and address: Violation address: Reason for appeal: NOCINo. CCINNo. Phone: --------- Fax: Email: --------- All appeals submitted by occupants/tenants shall be authorized by property owners. Property Owner's Signature For office use only: ' . Violation corrected: yes Y · no ¥ Payment received: yes Y no Y Ilequest approved: Appellant's Signature Notice received date: -------- Appeal received date: ______ ~ Appeal received by:----~~~- yes Y no Y (*} You may appeal the civil fine to the CE Special Magistrate in writing within 20 calendar davs from receipt of civil infraction notice (NOC!). W:\OFFICE SUPPORT DOCUMENTS\Forms\Req For Appeal.doc Appendix Page No. 57 258 54Appendix Page No. 58 259 June 29, 2022 Gabriel Varona Managing Member Stunnas Fit, LLC 6600 SW 62 nd Avenue South Miami, Florida 33143 Consolidated Research And Planning Corp. Michael Miller 6796 SW 62 nd Avenue South Miami, Florida 33143 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER RE: Hearing on Order to Show Cause Property Address: 6600 SW 62 nd Avenue, South M i ami, FL 33143 Dear Mr. Varona, Please find my determination following the Order to Show Cause Hearing held on June 20, 2022, .outlined below. I have considered all evidence presented as well as arguments and objections of all counsel involved. Background and Evidence Considered On October 12, 2021, and March 23, 2022, you received letters from my office scheduling a hearing in order for me to determine whether to revoke Stunnas Fit's Business Tax Receipt/Business License (BTR) pursuant to the City's Code. Following numerous requests for continuances requested by your attorney, the hearing was held on June 20th at 9:30 AM in the City Hall Commission Chambers. You were given the opportunity to present evidence and your argument as to why Stunnas business license should not be revoked. Prior to September 7, 2021, Section 13-16 of the City's Land Development Code read in pertinent part: The business tax receipt of any person for the operation of any business may be revoked by the city manager at any time, upon notice of violation of any of the provisions of the land development code or ordinances of the city; applicable 55Appendix Page No. 59 260 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER provisions of the county code; laws of the state; violation of the terms and conditions of any development permit, covenant, public restriction, or waiver; or for any other good and sufficient reason. On September 7th, the City Commission amended the Land Development Code, making it more beneficial for business owners, and adding conditions to be met prior to the revocation of a businesses' BTR. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR} or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period oftime and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked ; (ii)The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. The record clearly reflects that Stunnas Fit, LLC committed four (4) violations within a 90-day period (February 12, 2021; February 20, 2021; March 6, 2021; and March 31, 2021). Additionally, Stunnas Fit, LLC committed seven (7) violations within a 90-day period of time from IVlay 2021 to August 2021 (May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021; and August 24, 2021). For each of the aforementioned violations, on September 24, 2021, the Special Magistrate issued orders finding, by competent substantial evidence, that Stunnas Fit, LLC violated the City's Code. Final Determination and Additional Notes/Considerations Based on the City's Code, revocation of Stunnas Fit's BTR would be well within my right as City Manager. However, in an effort to work with you, as a business that is within the City and has shown a commitment to community service, and in hopes that Stunnas Fit will move forward in 56Appendix Page No. 60 261 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER compliance with all sections of the City's Code, I will withhold my final ruling to revoke Stunnas Fit, LLC's BTR at this time. It is important to note that after the date of this letter, if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas Fit's BTR without any further concessions or considerations. Furthermore, Stunnas Fit has been put on notice, on at least one occasion (Courtesy Notice of Civil Infraction Citation No. 21-00181, dated March 30, 2021) that it was operating in a manner not in compliance with the restriction on its BTR, which states that operating hours are limited from 6:00 am to 7:00 pm. Despite the notice, it appears that Stunnas continues to advertise a 5:45 am class on its website and operates prior to 6 am. Immediate correction is required, or a citation will be issued. Additionally, Stunnas Fit, LLC will be required to pay all the outstanding fines levied by the Special Magistrate, prior to the issuance of its BTR renewal. The fines will not be negotiated to a lesser amount. Sincerely, ~~~- Shari Kamali, ICMA-CM City Manager City of South Miami 8/11/22, 3:13 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAO5blRR18082u0CY38%2B9A3k%3D 1/1 Stunnas Fit, LLC Appeal Hearing Payne, Nkenga <NPayne@southmiamifl.gov> Mon 8/8/2022 4:14 PM To:Teal, Kyle B. <kyle.teal@bipc.com> Cc:Pepe, Thomas F. <TPepe@southmiamifl.gov>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Lyman, Chance <chance.lyman@bipc.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Ric Asfar <rasfar@almazanlaw.com>;Johanna Vega <jvega@almazanlaw.com>;Carlos Silva <CSilva@silvasilva.com>;Ben Fernandez <bfernandez@silvasilva.com>;Maria Corghi <MCorghi@silvasilva.com>;Gabriel Varona <varona305@icloud.com> Good Aernoon, Aached please find noficaon of appeal hearing at our next City Commission meeng on Tuesday, August 16, 2022. Thanks, Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 (305)663-6340 office (305)663-6348 fax npayne@southmiamifl.gov www.southmiamifl.gov Please note: The state of Florida has a very broad public records law. Written communications, including emails, are therefore subject to disclosure to the public and media upon request. 57Appendix Page No. 61 262 58Appendix Page No. 62 263 August 8 , 2022 Via U.S . Ma il & Electronic Mail Ky le B. Teal, Esq. Buchanan [ngersoll Rooney PC One Biscayne Tower ~ ' sot,,, \.._ .'l -,,. .-✓ -.,, U I :: . . '· ~ . Two South Biscayne Boulevard , Suite 1500 Miami FL 33131-1822 Kyle .teal@bipc.com RE: Stunnas Fit, LLC Appeal of City Manager's June 29, 2022 Decis ion Dear Mr. Teal , The C ity of South Miami is in receipt of your July 29 , 2022 notice of appeal of City Man ager Shari Kamali 's decision of June 29, 2022. As per t he City of South Miam i 's Code of Ordinance Sec. 13-27 -Appeals , I'm notifying you that our City Commission will hear this appeal at the August 16 , 2022 City Commission meeting . Si ~,~ Nkenga A. Payne CMC, F CRM C ity C lerk cc: T homas Pe pe Esq. City Attorney Shari Kamal i, City Manager South Mi ami txo,11 ii[P 2001 6130 Sunset Driv e South Mi a mi , Florida 331 43 -5093 • Te l: (3 05 ) 663-6340 • Fa x: (3 05 ) 66 3-63 4 8 www .s outhmiamifl.g ov 59Appendix Page No. 63 264 .. MIAMI -DADE STATE OF FLOR IDA COU NTY OF MIA MI -DADE: Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she Is the LEGAL CLERK , Legal Notices of the Miami Da ily Business Review f/k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper , published at Miami in Miami -Dade Co unty. Florida ; tha t the attached copy of advertisement , be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16 , 2022 Jn lhe XXXX Court, was published fn said newspaper by print in the Issues of and/or by publication on the newspaper's website , If authorized , on 08 /05 /2022 Affiant further says that the newspaper comp li es with all legal 101 publication in chapter 50 , Florida e this 5 . A.O. 2022 ~~ {SEAL) MARIA MESA personally known to me ,, ....... ,, "'--·"ARA i' 'Ol "$ ~>/'\"•~• <:-JI.., 1l ,r,n //'A'\ \ Commission # HH 187442 l~J.~-i! Expires November 2, 2025 ·•!,~kr,f.;?.°!:·· 8ood1d Thill Troy Fm Insurance B00-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'i/3056636338 and participate. At a min imum, at least three members of the City Commission will be physically present in the City Commi ssion Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on T11c~ Au,,,_,,,ust..._,1"'6,...,.,=,,._,,_,...,_,_,"'--'= io cons ider the fo_llowing public hearing item{s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution ~lating to the appeal filed by Stunnas Al LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 60Appendix Page No. 64 265 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present e,iidellcear ynu are 11~1&.te use ~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h : www.s.Q.uthrnjamifl . ov/580/Public-Meelin s-Notices. Anyone who wishes to rev iew pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum 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 : ·- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision 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 requ ired 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 , activity 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. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 61Appendix Page No. 65 266 1.00~- 19-Month CD Spec ial $500 Minimum 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 3.00~- 59 -M ont h CD Special $500 Minimum The best CD rates aren't just on line . They are at your neighborhood Third Federa l, too. With conven ient locat ions to serve you, ca ll or visit us today. Same great rates ava il ab le in-branch and at www .thirdfederal.com . ThirdFederal® SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beac h I 561-637-6469 Greenacres I 561-964-6660 • North Palm Be ach I 56 1-630 -6488 Co ralSprin gs I 95 4-340-40 32 Member FDIC Hall an dale I 954 -45 7-2488 Pl ant at ion I 954 -4 72 -6039 HNI. Ol~0/111 1 5Tlf.N5KI f OU NOfU 'Annua l Percentage Yie ld (A PY) is accurate as of 7 /29/22. Mi ni mum depos it of $500 to open and earn stated APY. Depos its over $1,000,000 subject to review. CDs subject to pena lty for ear ly w ithdrawa l. An ear ly w ithdrawa l may reduce earn i ngs. Offers and rates sub ject to change at any t ime. Funds in sured accord i ng to FD I C i nsurance requ irements. ©2022 Third Fede ral ~ VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2022-0913-1. Crimson Ibis, LLC (Owner), and Lou Campanile, Jr. (Applicant) are requesting approval of a preliminary subdivision plat ("Crimson Ibis") for the division of property and creation of two (2) single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU-1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area. Interested parties are invited to appear in person or virtually and be heard -Visit www.pinecrest-fi.gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305.234.2121, via e- mail at planning@pinecrest-fi.gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, 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 (F.S. 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday, August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 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, activity 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, FCRM City Clerk '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. ••• 62Appendix Page No. 66 267 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 202 I, the Special Magistrate who bears code enforcement cases for the City of South Miami issued an order finding , by competent substantial evidence, that Stunna's Fit , LLC ("Stunna's") violated Section 20-3.6(V) _g f the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section ) 5-82.1 o.f the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20 -1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami Florida . In each of these cases , Stunna's was first iss ued a notice of violation, without a fine and as a warning . Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 63Appendix Page No. 67 268 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing ifthere have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (I 0) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. ~ ,... A ,/(' J. ~'J r;-W -~~ "\r,. Stunna's Fit LLC committed four ( 4) violations th{ :;re withint 92-day pe~ Febrnary 12 , 2021 to March 31, 2021, i.e., February 12, 2021; February 20 ,'2021; March 6, 2021; Maren 31, 2021 , and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 :a.m .. in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305 .663.6338 I southmiamifl.qov 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox www.dropbox.com Mtj EXHI IT a. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 64Appendix Page No. 68 269 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341 -0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTkOMGEtNDEOMSO4NTMLWMMz03NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 2/17 65Appendix Page No. 69 270 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox 4-1 A,411-www_dropbox.com https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTMLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 66Appendix Page No. 70 271 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL. SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 2/17 67Appendix Page No. 71 272 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Teal, Kyle B. Sent: Friday, January 28, 2022 4:34 PM To: 'Pepe, Thomas F.' <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good afternoon, Attached please see our proposed (and hopefully final volley of) revisions. I've been in touch with counsel for Consolidated who may have proposed revisions as well, but I wanted to get you our thoughts ASAP in good faith. As the draft reflects, we've agreed to many of the City's substantive revisions. I think it would be helpful to talk about some of these issues — especially the severability paragraph. Please let me know if/when your schedule might allow for a discussion next week. I think we're very close to finalizing this, and a talk would be helpful to understand the logic behind both sides' proposals and would likely moot some of the concerns we may be having. If possible I would also like to get an update on Stunna's permit application to affix the containers. Thank you! Enjoy your weekend. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (in) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Wednesday, January 19, 2022 2:58 PM To: Teal, Kyle B. <kyle.tealftbipc.com>; Shari Kamali <SKamaliPsouthmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LopezPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is your counter proposal with the City's revisions. I have included a comparison between what you sent and this revised proposal. The City Manager has no authority to agree to a waiver of any part of the Land Development Code. Therefore those provisions have been struck. https://outlook.office.com/mail/id/AAC)kADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 3/17 68 --------------------- Appendix Page No. 72 273 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, January 6, 2022 11:16 PM To: Shari Kamali <SKamalicasouthmiamifl.gov>; Pepe, Thomas F. <TPepsfflsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement R.ECEiVED FROM EXTERNAL SOURCE Thank you, Ms. Kamali. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Shari Kamali <SKamali@southmiamagov> Sent: Thursday, January 6, 2022 9:20 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamiti.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 4/17 69Appendix Page No. 73 274 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoffibipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good morning, Mr. pepe and I will review and respond ASAP. Thank you Best regards, Shari Kamali, ICMA-CM City Manager City of South Miami Office:305-668-2510 Southkiami From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, January 5, 2022 6:50 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josephfflbipc.com>; Post, Jacob B. cjacob.postl@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement UMAIL, RECEIVED FROM IATFRNAL SOURCE I can confirm there are no further suggested revisions from the landlord's counsel. KT On Jan 5, 2022, at 3:01 PM, Teal, Kyle B. <Icyle.teal@hipc.com> wrote: Ms. Kamali & Mr. Pepe, Please see our proposed edits. The landlord's counsel was reviewing one last final time but I doubt she'll have any major substantive changes. If so, I will let you know right away. Thank you. Regards, Kyle https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUNAMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 5/17 70Appendix Page No. 74 275 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, January 3, 2022 2:39 PM To: Teal, Kyle B. <kyle.tealftipc.com> Cc: Shari Kamali <SKamalifflsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepii@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement We will wait until Wednesday, January 5, 2022, to see your proposal. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifi.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, January 3, 2022 2:31 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMSO4NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0°/03D 6/17 71 ------------- Appendix Page No. 75 276 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph_Pbipc.com>; Post, Jacob B. <jacob.gasi@bipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com >; Teal, Kyle B. <kyle.teal@bipc.com > Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RFC i JvI;D FROM EXTERNAL SOURCF Mr. Pepe, That is incorrect. My client remains interested in resolving this matter with City, as we'd agreed. I only just received the landlord's proposed revisions toward the end of last month (after a lot of follow up). I then took time over my family vacation last week to incorporate, harmonize and circulate (after various phone conferences) the final set of suggested revisions for approval by all interested parties on this side of the matter. With holiday travels plans, I'm not surprised that I haven't heard back from everyone yet, but I fully expect getting the green light to send to you and Ms. Karnali for your review. I could've sent our comments a long time ago but you'll recall I was trying to avoid piecemeal revisions being sent to you from the different parties, which I thought would be mutually beneficial. If the City remains interested in avoiding litigation, I expect to have the final revisions to you no later than Weds, 1/5. If you are nevertheless terminating settlement negotiations on behalf of your client due to the holiday lull, please advise so I can inform all parties. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, January 3, 2022 2:01 PM To: Teal, Kyle B. <kyle.tealftipc.com > Cc: Shari Karnali <SKamalipsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseptjfflbipc.com >; Post, Jacob B. <jacob.postPbipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com > Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement I have not heard from you in a month. I presume that we cannot reach a settlement in this case and we will proceed with the hearing. Please advise me of your availability for the following dates and times: https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwL1/MMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 7/17 72Appendix Page No. 76 277 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook January 5, 2022, after 12 noon; January 7, 2022, all day; January 10, 2022, all day; January 13, 2022, 9 am to 1:30 pm; January 14, 2022, all day; January 19, 2022, all day; January 20, 2022, 9 am - 1:30 pm; January 21, 2022, all day. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe(&southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealftipc.com> Sent: Tuesday, November 30, 2021 4:33 PM To: Pepe, Thomas F. <TPera@southmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifi.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com>; Teal, Kyle B. <kyle.tealPIDipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 8/17 73Appendix Page No. 77 278 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook I NA IL RECE1V LD FROM EX -I' RNAi, sou REF_ Good afternoon, Mr. Pepe. We have made revisions to the revisions you provided and I am waiting on my client's and the landlord's approval of same. I figured it'd save everyone some time if we package all proposed edits together in one document, rather than provide them to you in piecemeal fashion. I expect to have it to you this week. Feel free to contact me anytime if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 3 0 5 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Friday, November 19, 2021 6:07 PM To: Teal, Kyle B. <kyle.teal@jpc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.post(@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is the Agreement with the City's response to your edits. This proposed agreement is good for 7 calendar days. Thank you. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy()%3D 9/17 74Appendix Page No. 78 279 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Tuesday, November 16, 2021 10:16 AM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepji@bipc.com>; Post, Jacob B. cjacob.postPbipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM FATE-TAAL SOURCE Good morning — I was able to sign on through my hot spot while the plane is undergoing maintenance. Attached please find redlined and clean drafts of our proposed revisions to the Settlement Agreement. Please let me know if you would like to discuss before the meeting tonight. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 16, 2021 9:54 AM To: Pepe, Thomas F. <TPepipsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwITk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 10/17 75Appendix Page No. 79 280 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Understood. We've finished our proposed revisions and I just now received the client's final approval. I've boarded a flight back to Miami and I land at 1 pm. I will try to have my colleague, Jacob Post, send you our proposal in the meantime to avoid delay. Otherwise, I'll send it as soon as I land. Thanks. Sent from my iPhone On Nov 15, 2021, at 11:58 PM, Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: Since you have not accepted the terms of the settlement agreement within the 5 days that you were given, I will need to advise the members of the City Commission that the settlement agreement as drafted has been rejected by your client and that they cannot rely on it when deliberating on the amendment to Section 20-3.6(V). Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, November 10, 2021 3:01:29 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov>; Shari Kamali <SKamaliPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL kECEIVED FROM EXTERNAL SOURCE Thank you, Mr. Pepe. We have reviewed the draft settlement agreement and are currently making proposed revisions. I am endeavoring to make those suggested changes objectively fair and, hopefully, palatable to the City. In that spirit, during our meeting last Friday, you and/or Ms. Kamali (who I've looped into this chain) requested information or examples of other ordinances that implement the `100 foot rule.' Please see below concerning such language, as well as other common descriptive language that appears to have survived constitutional scrutiny. The case attached and the ordinances below will provide context behind our proposed revisions that, we respectfully submit, could serve to fortify the City's ordinances if adopted. Attached is a Middle District of Florida case holding the City of Daytona Beach's noise ordinance constitutional. Please note that the Middle District recognized the City's definition of "unreasonable noise" as "raucous," "jarring," "disturbing," and "nuisance" to be constitutionally sound and not overly vague. Summers v. City of Daytona Beach, Not Reported in F.Supp.2d (MD Fla. 2013); see also Cameron v. Johnson, 390 US 611, 616 & n.7 (1968) (noting that the word "unreasonably" in an ordinance did not create vagueness, but rather that it is a commonly understood word with a well-settled meaning that provided notice of the conduct proscribed). https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 11/17 76 ------------- Appendix Page No. 80 281 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Additionally, below are the noise ordinances of Dade County, City of Miami Beach, City of Miami, and City of Miami's Wynwood Pilot Program. City of Miami Beach Ordinance 46-152: It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal authority. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. City of Miami Ordinance 36-4(a): It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 12/17 77Appendix Page No. 81 282 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. City of Miami Wynwood Pilot Program Ordinance, 36-4(e)(2): Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music: a.Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced; b.The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or c.Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed; d.The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business. Miami-Dade County Ordinance, Sec. 21-28: It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. Any person violating any of the provisions of this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the County, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 13/17 78Appendix Page No. 82 283 Mail - Pepe, Thomas F. - Outlook (c)Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. (d)Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal or County authorities. (e)Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises therefrom. (f)Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area. (g)Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (h)Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this County for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (k)Power tools and landscaping equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing tools which are used to maintain or at a residence out-of-doors between 8:00 p.m. and 7:00 a.m. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. Regards, 6/1/22, 8:09 AM Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzO3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 14/17 79Appendix Page No. 83 284 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, November 8, 2021 12:58 PM To: Teal, Kyle B. <kyle.tealPbipc.com> Subject: City v Stunna's Fit LLC Proposed Settlement Agreement [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Finn] Attached is the proposed settlement agreement. Please send me the signed agreement within 5 business days of today if your client agrees to the attached memorialization of what was agreed to at the meeting on Friday, November 5, 2021. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. -- - CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.corn/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 15/17 80Appendix Page No. 84 285 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUMfiMzQ3NDAyMDhiZQAQAPtni29ffe9EnnBGpVnPLSy0%3D 16/17 81Appendix Page No. 85 286 6/1/22, 3:09 AM Mail - Pepe, Thomas F. - Outlook communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQI<ADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 17/17 82Appendix Page No. 86 287 83Appendix Page No. 87 288 5/5/22, 5:30 PM RE: Stunna's Fit -Ch. 119 Public Records Request Teal, Kyle 8. <kyle.teal@bipc.com> F1 i 4/15/2022 4:02 PM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> EM AIL Rt=CEl \/t.D FROM E)(TFl'1J~A!. SO URU Good afternoon -for the Stunna's parties, we are available on June 1st, 7th, or 8th . Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F.<TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com >; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25 th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. https://outlook.office.com/mailnd/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhlZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D ~titJ EX HIBIT 3 1/6 84Appendix Page No. 88 289 5/5/22, 5:30 PM Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@sou thmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is stri ctly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119 . From: Pepe, Thomas F. <I£.ep e@southmia mif1.gQll> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <j~gi!ffelalmaza nlaw.com>; Teal, Kyle B. <kv,le.te al@bi oc com>; Payne, Nkenga <Nfilyne@soµthmia mi0,gov> Cc: dwinker@d wrlc.com <;d winker @d w rlc .com >; Shari Kamali <SKamali@southmiamiO,gQl1>; Fraga -Lopez, Samantha <SFraga-Lo oez@sou t hmiamifl.go.li>; Bynum, Carol <Qlv,num@southm ia m jfl.gov>; Carlos Silva <CSllva@si lvasUva.c o m>; Gabriel Varona <yarona305@lcloud.co m >; Ben Fernandez <bfernan dez.@si lvas 11va.com>; Joseph, Stephanie <ste 11hanie.joseP-h@.bi11c.c0m>; Office Services, Miami <mia m i.officeservices@bi P.c.com>; Erma Rodriguez <!:..(OQ!j g!,!fi(a)alma;,:anlaw.com>; Sarah Denis <~almazan law.com> Subject: Re : Stunna"s Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, https://outlook.office.com/mailfid/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpkBEvDmM%2F9hjFfk%3D 216 85Appendix Page No. 89 290 5/5/22, 5:30 PM Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@southmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMAl'ION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note : All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <j~ga@almazan law.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kv~bi gc.com>; Payne, Nkenga <NPavne@southmiamifl.gov> Cc: dwinker @dwrlc.co m <dwinker@dwrl c.com >; Shari Kamali <SKamall@so uthmia mi fl .gQY>; Fraga-Lopez, Samantha <SFraga-Lo rug@sou th miamifl.gQY>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@sHvasi lya.com >; Gabriel Varona <ya r ona30S@lcloud.com>; Ben Fernandez <bfemandez@silvasilva .com >; Pepe, Thomas F. <llige@southmlamlfl gQY>; Joseph, Stephanie <stephanie.joseP-h.@bigc.com>; Office Services, Miami <miami .officeservlces'@bj pc.com>; Erma Rodriguez <e rodri1!Uez@almazanla w .com >; Sarah Denis <~almazanlaw.com > Subject: RE: Stunna's Fit -Ch. 119 Public Records Request l.\-lAlL HI\ 'iJVLil Fi W'-1 L\T ri~\J,\L SULRC!-: Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that b oth hearings wlll be moved and Rleose advise the new dote for the hearing.L Please advise if you hove any questions. Thanks, Johanna Johanna Castellon Vega I Attorney '"' ALMAZArsJ LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 ht1ps://oull00k.office.corn/111allnct/AAQkADE4MGQ2YzMwLTkOMGEtNOE OM S04NTiwLWJ)MzQJNOAyMOhi2QAQANiEWavXpk 8Ev0 mM%2F9hjFfk%30 3/6 86Appendix Page No. 90 291 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook F: (305)665-6684 Paralegal: Erma Rodriguez, filQQriguez@almozanlaw.com Website: www olmazonlaw .com Follow us www facebook com/AlmozanLow From: Teal, Kyle B. <ky~Jlipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: nrui.Y-oe@southmjaniift.gov Cc: dwinker@dwrlc.com : Shari Kamali <SKamali@southmiamifl.l'!~>; Fraga-Lopez, Samantha <SFraga-Lopez@southmlamifl .gov>; Bynum, Carol <Qlvnum@southmjamiO.gQll>: Johanna Vega <jl1l;:ge@almaz;ml~w com>; Carlos Silva <CSiiya@sJlvasUva .com>; Gabriel Varona <yarona3.0S@jdoud com>: Ben Fernandez <bfernandei@sllvasil11a.com>; Pepe, Thomas F. <Ifgpe@southmiamjfl,gQl!>; Joseph, Stephanie <stephanie.joseRb..@biRc.com>; Teal, Kyle B. <1,y~biRc.com>; Office Services, Miami <miami officeseryjces@bi~> Subject: Stunna·s Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links• Good morning, Attached please find the updated public records request sent on behalf of Stunna's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl gov> Sent: Monday, April 4, 2022 S:55 PM To: Qg_Q_(<l)benfernandezlaw.co m Cc: Teal, Kyle B. <ky~..b.iP.c.com>;tania@benfernandeztaw.com : dwinker@dwrlc com : Shari Kamali <SKamali@southmjamlfl.gQl!>; Fraga-Lopez, Samantha <~gtl.Q~southmiamifl ,gov>; Bynum, Carol <~ynum@southmlarnifl.g~> Subject: Hrg on Order to Show Cause re Revocation of business license hltps;//oullook.cfflcc.ccme'mall/id/AAOkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTll'llWJ)MzQ3NDAyMDhlZOAOANIEWsvXpk8EvDmM%2F9hjFlk%30 4/6 87Appendix Page No. 91 292 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook [This Email Originated Fro m !p..;;pc @ southminmjfl .gQY Which Is Ex ternal To TI1e Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue. Ste 311, Coral Gables, Florida 33 146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !rurne@southmiamm .gov ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call colle ct if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public rec ord . Your e-mail communications, including your e-mail address may be disclosed to the public and med ia at any time pursuant to Florida Statutes, ch. 11 9 . ----------------------------------------------- CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipien L If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any atta c hments from your system. CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, disseminafon, distribution or copying of this hUps:l/oull ook .office.com/mall{Jd/AAQkAOE4MGQ2YzMwLTkOMGEtNOE OMS04NTlwLWJjMzQ3NDAyMDhlZQAQANIEWsvXpk8E v0mM%2 F9hjF fk •.{;3D 5/6 88Appendix Page No. 92 293 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook communication is prohibited and may be unlawful, Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system . hllps ://oullook .a!Oca .com/mallfld/AAQkADE4MGQ2Y'ZMw LTk0MGEtNDE0MS04NTlwlWJJMzQ3NDAyMDhiZQAQAN IEWsvXpk8EvDmM%2F9h]Flk%3D 6/6 89Appendix Page No. 93294 611/22,-7:49 AM Re: Stunna's Fit -Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 5/18/2022 3:12 PM Mail -Pepe, Thomas F. -Outlook To: Teal, Kyle B. <kyle.teal@bipc.com>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com > ;Gabriel Varona <varona305@icloud.com >;Ben Fernandez < bfernandez@silvasilva.com >;Joseph, Stephanie <stephanieJoseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has advised me that she is willing to give all of you one last continuance if you all can agree on a hearing date in June that is not on a Tuesday or a Wednesday. Otherwise, the hearing is still scheduled for June 1, 2022 commencing at 9:30 a. m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Wednesday, May 18, 2022 8:30 AM To: Pepe, Thomas F.<TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 4: Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <5Kamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 118 90Appendix Page No. 942956/1/22, 7:49 AM Mail -Pepe, Thomas F. -Outlook Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request EMAiL RECEIVED FROM EXTERNAL SOURCE Good morning, Due to an unexpected personal engagement, I've just been made aware that I won't be available the morning of June 1st. Please let me know if the City Manager is willing to reschedule this hearing for later in June so we can plan accordingly. I apologize for the inconvenience, and I would appreciate the City's accommodation. Feel free to contact me if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 18, 2022 11:57 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 2/8 91Appendix Page No. 952966/1/22; 7:49 AM Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReQe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegg@.almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B.<kyle.teal@biRc.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Payne, Nkenga <NPay.D.§.@.southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Logez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steghanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodrig~almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request FJ;L\iL RFCEfVED FRO\'[ FXTTRl'-.:1\l. SOCRCT June 1 and 7 is ok with Consolidated. Thanks Johanna Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvegg_@almazanlaw.com From: Teal, Kyle B.<kv.le:teal@biRc.com> Sent: Friday, April 15, 2022 4:02:46 PM https://outlook.office.com/mail/id/MQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 3/8 92Appendix Page No. 962976/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPe~southmiamifl.gov>; Johanna Vega <jvegg_@almazanlaw.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoRez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links* Good afternoon -for the Stunna's parties, we are available on June 18\ ?1h, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPeP.e@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvegg_@almazanlaw.com>; Teal, Kyle B.<.!s.v.le.teal@biP.c.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP.ez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steP.hanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 4/8 93Appendix Page No. 972986/1/22, 7:49 AM City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPeRe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega.@almazanlaw.com>; Teal, Kyle B.<kv.le.teal@biRc.com>; Payne, Nkenga <NPay~southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP-fil.@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona30S@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biQc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gQY https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 5/8 94Appendix Page No. 982996/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegi!.@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B.<kY.le.teal@biRc.com>; Payne, Nkenga <NPayM.@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoJilez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F.<TPeRe@southmiamifl.gov>; Joseph, Stephanie <steRhanie.joseP-b..@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request Fl'vL\Jf. Rl-,CEl\!FD l-'ROVi FXTLRl\At" S()LRC!:; Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and Rlease advise the new date for the hearingL Please advise if you have any questions. Thanks, Johanna Johanna Castellon Vega I Attorney !:;..i Almazan Law LOGO 7901 Ludlam Road, Suite l 00 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 Paralegal: Erma Rodriguez, erodriguez@almazanlaw.com Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 6/8 95Appendix Page No. 993006/1/22, 7:49 AM From: Teal, Kyle B. <kv.le.teal@biP.c.com> Sent: Thursday, April 7, 2022 11:27 AM To: nP.ay_o.g_@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop~southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jveg!l@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Joseph, Stephanie <steP.hanie.joseRh@biP.c.com>; Teal, Kyle B.<kYle.teal@biP.c.com>; Office Services, Miami <miami.officeservices@biRc.com> Subject: Stunna's Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stum1a's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPe~southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kv.le.teal@biQc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop..fil.@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gQY.> Subject: Hrg on Order to Show Cause re Revocation of business license [This Email Originated From !mrne@southmiamill.gQY Which ls External To The Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 7/8 96Appendix Page No. 1003016/1/22, 7:49 AM Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 8/8 97Appendix Page No. 1013026/1/22, 12:16 PM Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 6/1 /2.022 9:.37 AM To: Teal, Kyle B.<kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Mail -Pepe, Thomas F. -Outlook Cc: Johanna Vega <jvega@almazanlaw.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its attorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granting Stunna's a continuance until June 20th at 9:30 a.m. There will be no further continuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. · Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <5Kamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Good evening, Counsel for Stunnas is avai I able on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is avai I able on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/3 98Appendix Page No. 1023036/1/22, 12:18 PM RE: Order re: City v Stunna's Fit Case No. 21-00251 Johanna Vega <jvega@almazanlaw.com> Wed 6/1/2.027. 9:,1CJ AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Teal, Kyle B. <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Mr. Pepe, Kyle Teal provided dates for Consolidated's availability in the email below. I have highlighted the message for ease of reference. Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing. On May 18 you advised that the City Manager had granted "all" one last continuance so long as we provided dates in June -which we did. I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice. I have an associate that just resigned and my law partner is traveling on business. certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am. Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna's only the license revocation issue. Please advise. Johanna Johanna Castellon Vega I Attorney ( A -ALMAZAN LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0ITM%3D (\A;i ~ E}(iif iJ1T ---1:__ 1/5 99Appendix Page No. 103 304 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLA TOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC CO CO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOl IO~ CQ--t/025-0J2-, 050) OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00122 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAByfi-o THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY 0 INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOT G PHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP r □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ~'.:a-.ff-:/:ilr,~'M_.C)lJ"t-t.··'_/J~:...JJ~~~~~==---- 3. SUMMARY OF EVIDENCE PROVIDED: rV-(h ~-./-l'q-✓r-~s 5. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO PLIANCE REQUIREMENTS STIPULATED UNO VISIONS OF E CODE ORDIN 1:J. ITY OF THER ~l-'-+_,,__,_,_-..;,,..,,,-,,,t---=-r--<-...l.f---,--b"--;,L..l--'-41'-~L.L.:....!..:.....,;..;;.;.----=~rf-ft,,...c=:'-1'---+----'--r.,.L..---- ~ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UN~Ef)OATH) ✓n THER A (°sd} rfr:JAf of Co--"'1t1-P ~ , . u~ -/ 4. BASIC UNDERLYING FACTS: DEPARTMENT Ill IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : FUNDAMENTAL ISSUE : / WH ETH ER THER E IS SUBSTANTIAL COMPETENT EVIDE ~EE TO INDICATE THAT THE VIOLATOR(S) IS /ARE RESPONS IBLE FOR THE SUBJECT VIOLATION? lZ) YES □ NO 100Appendix Page No. 104 305 6. ULTIMATE FINDINGS: A. IT IS T.4_ D ETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION V~'ii.s □ WAS NOT ... ISSUE □ IN ACCORDANCE WITH THE PRovI sIONs OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI , FLORIDA. B dsED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. '.-' C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ _ _,,.'35:...._,.,,c......:OJ..1 -=Wc..= __ (civil penalty for each violation) and $ /~5. OD < (hearing costs), totaling =$--=-lf+-f--F-"'--15.,..,_·, -~-·--------------- (NOTE: if the full amount of the civil penalty incurred an d administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be reco rded in the Publ ic Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, a·n additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorpora~ September 24. 2021 Date Decision Rendered Spe . arez-Rivas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Spec ial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: __j{)/ !/;;LL I I 101Appendix Page No. 105 306 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI; FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~OJJ O: oQ-I.J,OZ5-()12-05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00179 I HEARING DATE: I Septe mber 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~NSPECTOR'S TESTIMONY 61NS P ECTOR'S AFFIDAVIT r/ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN (S) / MA P(S) 0 PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O PERTY) C. LJ. Q-OTHE R (INvo Ic E~. cof3_Rg:s PoNDENCE, ETC ... ) _v'-I-J1 -t9J ~""'a ..... ,,u==--7r---L-lxf-'"'b'-+--t ..... ~-b,,....¾-><=l--=o,=..:...,..~1t=-,=-1ad ..... 1 ....-.1_~------....:i=---- 6.._ r; el.re,._ ':::ut<;.J ~--t IV: U 3. SUMMARY O F EVIDENCE PRO IDED : { 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) ~O TESTIMONY OFFERED ~ OTHER /ff-rv_irfY--n'f &-F ~ty],~ 4. BASIQ _UNDERLYING FACTS: D[PARTMCNT Ef"1s □ IS NOT CORRECT IN ITS ASSESSME~H OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANT IAL COMPETENT EVIDENQ'E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT V IOLATION? iefvEs □ NO ,,. 102Appendix Page No. 106 307 6. ULTIMATE FINDINGS: A. IT IS -4 DETERMI NATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LAT ION Mw't..s □ WAS NOT -~-ISSUED IN ACCOR DANCE WITH THE PROVI SIONS O F SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B . 81!(s ED ON THE FORG OI NG , TH IS SPE CIAL MAG ISTRATE FINDS THE VIOLATOR(S) ~G UILTY □ NOT GUILTY O F THE SUB JECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 S"'o. l}Q (civil penalty for each violation) and $ /~S:, D7.J (hearing costs), totaling =$--'-,¥i,__r/5...f,,..~~,_,b-o=<---.:=------------- (NOTE : if the full amount of the civil pen alty incu rred an d admin istrative cost assessed rema ins unpaid afte r th e execution of this order, a certifi ed copy of said order m ay be re corded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an add itional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inco rpor · · ~r~e Qions indi September 24. 2021 ,._,..-,,...,,.., C<Ju__q11...;2.'1-"'""'""~'" Date Decision Rendered pe z~ ag,s rate Signature: ~af , q. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date I e S ecial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ------==~f---'()~....J,.L_....p._;,_=------- 103Appendix Page No. 107 308 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-3 8 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET /:lJ LJ (): oq._:_ 4()25 -0.12-0500 OR 21958-0616 12 2003 6 6600 SW 62·AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 3 314 3-33 06 TENANT: Stunna's Fit CASE NO.: I 21-00177 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLIC~O THIS HEARING (check approp riate bo xes) □ VIOLATOR (S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDE~E WAS OFFERED: ~~N PECTOR'S TESTIMONY ✓ INSP ECTOR'S AFFIDAVIT ~ LD REPORTS □ PLAN(S) / MAP(S) ROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) HER (INVOICES , CORRESPONDENCE, ETC ... ) t THER AFFIDAVITS ({ PHOTOGRAPHS 3. SUMMARY OF EVIDENCE PROVJPED: 5. A. BY DEPARTMENT: f21'fHE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDE R TH E PROVI SIONS OF CHAPT ER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI , FLORIDA. □ OTHER , L I 0 Tfi.x_-/esYi~ i5-( ,~.__)ns~ + s/v111tn:-ia-F,f erl{) ~ \taf.£ ev:.~ /nfr--u.f1u.@t1/) 1dD ~o_ fQfl&rll V 1 CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVID ~N E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?· YES □ NO 104Appendix Page No. 108 309 6. ULTIMATE FINDINGS: A. IT lS/1' DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION 'ti WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. e. ~SEO ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ~8utLTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk $__....,._--=--=--=----1- . $ /;:Jf;;CJtJ (hearing costs), totaling "'---~==~=_,_,~ _ ___;_ ___________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall con titute a lien against the violator's property, real or personal. The City may foreclose on any such lie , which remains unpaid after three (3) months from the time the lien is filed.) SQ;, fR_,~ 2. Deadline for compliance ~ SHALL be extended to (Date)____ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for .compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7 . ADMINISTRATIVE NOTATIONS: '"'T) □ SPECIAL PROVISIONS OF ORDER: · ()./) , ~ a · ' . . ( s !°?2.,, , DEFERRED FO IN REA N : ...., " -~~ (NOTE: Special Magistmte's Decision incorpo~ ·ndicated. September 24 . 2021 Date Decision Rendered Speci~agi vas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the dat~te Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG D VIOLATOR ON: ~l)/,f> ii?t -.='=1:=""-:f-~.::.+-.::._l.,r..r...,.""'-'==-------- 105Appendix Page No. 109 310 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & . CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET F'Olt o: OQ-4025-012-0500 OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR : PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00180 I HEARING DATE: I Seotember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAB ~O THIS HEARING (che c k appro priat e boxes) □ VIOLATOR(S) PRESENT ✓V IOLATOR S AGENT PRE SENT □ FAILED TO APPEAR □ NON-COMPLIANCE D NO N-PAYM EN T OF C IVI L PENA LTY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~SPECTOR'S TESTIMONY ✓iNSPECTOR'S AFFIDAVIT ~ER AFFIDAVITS □ FIELD REPORTS D PLAN(S) / MAP(S) □ PHOTOGRAPHS . .,E:i'PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O E RTY) ,n _ r J-..-J/.. g-()THER (INVOICES, COR RE'l);,iN.~~~E, ET.C..,.) ~:t //, 61!£.Qr d IOZl,Ull09 3. SUMMARY OF EVIDENCE PROVIDED : f 1-Z,'7'1 ~ JO~ 1 /JCI. . c_J 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENALTY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ 8. BY ALLEGE~ v1o_L: TOR(~): p TESTIMONY _ uNp_ER OATH) □ NO TESTIMONY OFFERED ~ OTHER if .1 I 'C;s: ·, .· Tefl. (/rb cJ . - BASIC UND ERLYING FACTS: DEPARTMENT ✓is □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DEl'!,et TO INDICATE THAT THE VIOLATOR (S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?i0 YES □ NO 106Appendix Page No. 110 311 6. ULTIMATE FINDINGS: A. IT IS /4E DETERMINATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LATION fil WAS D WAS NOT ... ISSUED IN ACCOR DANGE WITH THE PROV ISIONS O F SECTION 20 -3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. 4 sED ON THE FORGO ING , TH IS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ffGUILTY D NOT GUILTY O F THE SUBJECT VIOLATION . . ._ C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ 3 '-/--6. d:::() h violation) and $ /d S: 1)-,,) (hearing costs), totaling "'----+---="'----=-----..,,,,..,C----------- (NOTE: if the full amount of the civil pen alty incorred and administrative cost assesse d remains unpa id after th e execution of th is order, a certifi ed copy of said order may be rec orded in t he P ublic Reco rds of Miami-Dade County which shall constitute a lien ag ainst the violator's property , rea l or personal. The City may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ D SHALL NOT be extended. (NOTE : If the violation subject to th is action remains uncorrected after the deadline for compl iance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to ru n until the vio lation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: 11 d. ,r,/r.,si rci D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : Se ptemb er 24, 202 1 Date Decision Rendered uarez-Rivas, Esq. NOTE : If you wish to appeal the Special Magistrate 's decision , you must do so in the manner provided in Section 2 -25 of City of South Miami Code of Ordin ances, no later than 30 days from the date e ec ia l Magistrate's decision was rendered . COPY MAILED/D ELI V ER ED TO ALLEGED VIOLA TOR ON : -=_io:.......:..-+-LL-.P-6==------- 107Appendix Page No. 111 312 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~ol ~IO : OQ-L/025 -012-OSCO OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RES EARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00226 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 5. 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 8. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER /R rt, Q'1lM<-, nfG v~ ""' µvR.. /,&..-nfr,o , . 0 .,.,. C)' / V 7 VV . , .. 4 . BASIC UNDERLYING FACTS: DEPARTMENT ~ IS □ IS NOT CORRECT IN ITS ASSESSMENT --·· .... OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL COMP ETENT EV IDEN _...(o' IN DICATE THAT THE VIOLATOR(S) IS/ARE RES PONSIBLE FO R THE SUBJ ECT VIOLATION?~~ O □ NO 108Appendix Page No. 112 313 6. UL Tl MATE FINDINGS: A. IT IS TH~ETERMINATION OF THIS SPECI AL MAG ISTRATE THAT THE SUBJ ECT VIO LATION □'\4°AS D WAS NOT ... ISSUED IN ACCORDANC E W ITH THE PROVI SIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CITY OF SOU TH MI AM I, FLORIDA. B . ~ED ON THE FOR GO IN G, TH IS SPE C~AL MAGIS TRATE FINDS THE VIOLATOR(S) V GUILTY D NOT GUILTY OF THE SUB JECT VI OLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ ra 0, tJ-0 (civil penalty for each violation) and $ la4S:tv • (hearing costs), totaling =-$ _ _.G--.'--... dr-'«_s,,......·-rro"--=----------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost assess e d remai ns unpaid after th e execution of this order, a c ertifi ed c op y of said ord er may be recorded in the P ub lic Re cords of Miami-Dade County which shall constitute a li en agai ns t the vio lator's property, real or pe rsona l. The City may foreclose on any such lien, wh ich rem ai ns unpaid after three (3) months from the ti me the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE : If the v io lation subj ect to th is action remains uncorrected afte r the deadline for compliance indicated herein above, an additional c ivil penalty in the same amount specified in thi s ord er shall begin to accrue for each day following the de ad line for compliance an d shall c o ntin ue to run un til the vio lat ion is co rrec ted .) 7. ADMINISTRATIVE NOTATIONS : (NOTE: Sp ecial Magistrate's Dec ision incorpo r1es--aA icated .) ~ Se ptember 24, 2021 --,;,k,~::=--,c-:,...,;,.-..:;;,,..:~---"'-,-"'-"-.-=-'-=~:.------"'---....;;_;e<.....==------- Dat e Decision Rendered Speci . as, Esq . NOTE: If you wish to appeal the Special Magistrate 's decision, you must do so in tt1e manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t S ecial Magistrate's decision was rendered. 109Appendix Page No. 113 314 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FnL1 o;· (XJ-'-/025-G12 -05W OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00227 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICABlpO THIS _HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ✓VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON -COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED 0 DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: 6 INSPECTOR'S TESTIMONY ✓iNSPECTOR 'S AFFIDAVIT D £5THER AFFIDAVITS 11 FIELD REPORTS □ PLAN(S), MAP(S) 0 PHOTOGRAPHS • IZl PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) /l ; . 0 ..L1 {j~ ~~R"Utl(f~ORRESPONDENCE, ETC ... ) 7!§,--f, /{I d ~r/_LN]t.f £,/ o/J-.trr3 3. SUMMARY OF EVIDENCE PROVI~ 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . D OTHER ________________________________ _ □ B. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER _______________________________ _ BASIC UNDERLYING FACTS: PEP.A.l3TMENT ,ei:< □_IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL C OMP ETE NT EVID EN~O INDICATE THAT THE VIOLATOR(S) IS/ARE R ESPONSI BLE FOR THE SUBJ ECT VIOLATION? EJYES D NO 110Appendix Page No. 114 315 6. ULTIMATE FINDINGS: A. IT IS i;4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJ ECT VIOLAT ION tzf" WAS . □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ J #-o &t) (civil penalty for each violation) and $ /d.,S"-L?T.) (hearing costs), totaling $ f(i;5 LlJ2 (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against th e violator's property , real or personal. The C ity may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action rem ains uncorrected afte r the deadline for compliance indicated herein above , a n additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is correcte d.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates ~~str~tiv September 24, 2021 --,r--..:>.~-.:::f-H=o......:::::~.:,o__-""=--""-,,!~~=-,-.h--+--.::.....!.,_ ______ _ Date Decision Rendered Special Mttrate Signature : Rafa NOTE: If you-wish to appeal the Special Magistrate's decision, you must do so in the manner provided i n Section 2~2s of City of South Miami Code of Ordinances, no later than 30 days from the date he pecial Magistrate's decision was rendered. D VIOLA TOR ON:___..._~+--?+' _W-_· _____ _ 111Appendix Page No. 115 316 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI , FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOL/Oo' (X,?-tJ.OZn-0:12--()l5cJJ OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CON SOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna 's Fit CASE NO.: I 21-00232 I HEA Fii N°G 6:ATE: I Septembe r 24 , 2021 FINDINGS OF FAC T: 1. THE FOLLOWING ARE APPLIClA "~ THIS HEARING (check. ap propriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATfON □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: . ~PECTOR'S TESTIMONY ~NSPECTOR 'S AFFIDAVIT D ()THER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) [YpHOTO GRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQe ERTY) r (\ /J C r ,1 ~ □ OTHER (INVOICES, CORRESPONDENCE , ETC ... ) f/i ~tp,.,l) or ~ '[/f1y{r..flr//WJL 3. SUMMARY OF EVIDENCE PR ~DED: of{M.._ t~~J R-f Coz{ A. BY DEPARTMENT: tS°THE VIOLATION WAS ISSUED IN ACCORD~Ncf~tH -TH E ~ 'i_~~ COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPT R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. . □ OTHER ________________________________ _ 5. □ B. BY ALLEGED VIOLATOR (S ) TES TIM ONY (UNDER OATH) NO TESTIMONY OFFERED 4. 6-oTHER o r0 u.dferrf 6[ Oirr ✓l'J?J±JtB 1/1.:>ktf~r.1 · .. BASIC l).NDERSYING FACTS, DEPARTME.NT ls □ IS NOT CORRECT IN ITS ASSESSMENT OF T HE SUBJECT VIOLA TION. (Further explanation if any) ________________ _ CONCLUSIONS O F LA W: FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DE~6ETO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?·□ YES O NO 112Appendix Page No. 116 317 6. ULTIMATE FINDINGS: A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 JfQ {')-U (civil penalty for each violation) and $ j d,<;' cf.'yf) (hearing costs), totaling =$ __ 1/C............,=--.... s,...+----'{..,,n) _ _.__ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specifi ed in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : \ □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate 's Decision incorporateo/8ny September 24, 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e ie~ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: ---'-'--_jf)-----=~-=ttc.........;J;M_c..-_.;;__ _____ _ I I 113Appendix Page No. 117 318 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE . SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET P:OUO ~~(J)~-t/025--01 2~ 05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEAR C H AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 314 3 -3 3 06 TENANT: Stunna 's Fit CASE NO.: I 21-00233 I HEARING DATE: I S eo te mbe r 24 , 2021 FINDINGS OF FACT: t,; 1. THE FOLLOWING ARE APPLICAB TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: Cl INSPECTOR'S T ESTIM ONY £6 IN SP ECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPH?;-f □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P(3.Of\E~TY) . [' ~ /J □ OTHER (INVOICES , CORRESPONDENCE, ETC ... ) Vi" M~g w , \..A:j/;U_ 3. SUMMARY OF EVIDENCE PROVIDED: 0 j N _4 . A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (U NDER OATH) □ NO TESTIMONY OFFERED1 ~THER Eeq µ fVl i!A11" c.i f dl f!HldR_ &~a.cfl !±!r:,r-/,MSt./A , I . . K_-~ 0 l:;4ASIG. UNDERLYINq fA9TS: DEPARTMENT ~ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explan ati o n if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE : WHETHER THERE 1s SUBSTANTIAL COMPETENT EVIDENc-jo INDICATE THAT THE vIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~t □ NO . 114Appendix Page No. 118 319 6. ULTIMATE FINDINGS: A. IT IS -tE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT T HE SUBJECT VIOLATION ij{ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LANO DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B.AASED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) tJ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s} shall pay to the City Clerk$ 3 r/lJ, D-r) (civil penalty for each violation) and $ /~ C5{) (hearing costs), totaling ~$-1/-t.....--i~:;~5,=~•~&i)~~---------- (NOTE: if the full amount of the civil penalty incurred and admin istrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall conti nue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISION 1i I 0 SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorpor,-t tion~ted.} Se pte mbe r 24 , 2021 ~.,-.-.~ '-P"\t--z'---&, Date Decision Rendered " : Rafael E. Suarez-Rivas, Esq. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t e S cial Magistrate's decision was rend e red. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: _::_::....-1......l.L~~=------- 115Appendix Page No. 119 320 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3314 3 -3306 TENANT: Stunna 's Fit CASE NO .: 21-00310 HEARING DATE : FINDINGS OF FACT : Se t ember 24 , 2021 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN g 6~~:~1~mrw1 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP ERTY) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ---.t:,"7(;__.,@a--/J-P=-=-{ y\/\=-..,,,..,,../ ________ _ 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT: IY~ VIOLATION WAS ISSUED IN A CCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER TH E PROVISIONS OF CHA PTE R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . □ OTHER --.--------------------------------,,__ __ ()n--hrL(e.4 -( ),e_s <'~ -/2· ~Bv,-~.../-{l (~ _,,__ .. .:._r ______;_c _&--=-~-'J -'-nt----"'-"'---' '----''"""--'-'-----l:-'"b,L-!--~"',-!------'~~_.:::,_-t/4_o_t_;_~ i_· '6'1_-_;_n ---6,L-"-+L-...l..=..L..I.--'---~'-'=-.. B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ____________ ---.-_________________ _ 4. BASIC UNDERLYING FACTS: DEPARTMENT l:J IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R THE RE IS SUB STAN T IAL COMP ETENT EVIDE~& TO INDICATE THAT THE VIOLATOR(S ) IS/ARE R ESPONSI BLE FO R TH E SUB JECT VIOLATION ? [3,1 YE S □ NO 116Appendix Page No. 120 321 6. ULTIMATE f DINGS, '.:.•:• : •:; '., .,,,,. • A. IT 1$/fHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION riJ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CllY OF SOUTH MIAMI, FLORIDA. R ~SEO ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: \ 1.Violator(s) shall pay to the City Clerk$ ,~ 4 0 _Jl) (civil penalty for each violation) and $ /'{l.t;. 00 (hearing cos:), totaling ~$--~-1--.<:.....,..,...h~. ___.o-Q.,.______ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the exec ution of this order, a certified copy of said order may be recorded in the Public Records of Miami -Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOJ" be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates as:i September 24 , 2021 Date Decision Rendered Special Mp gistrate Sig nature: RafaellE _ Suarez-Rivas, Esq . V NOTE : If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e pecial Magistrate's decision was rendered. 117Appendix Page No. 121 322 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 20 03 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 3143-3306 TENANT: Stunna 's Fit CASE NO .: 21-00317 HEARING DATE : Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ P~OTOG HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQ¥>-!;ijJY )/_ _ ) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) _....,""-__ \ ~~~~~-~{_ 1 _________ _ 3. SUMMARY OF EVIDENCE PROVJED: 5. A. BY DE PARTME NT : rg;(HE V IOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO MPLIANCE REQUIREMEN T S STIPU LATE D UNDER THE PROVISIONS OF CHAPTER 2-2 OF THE CODE OF ORDINANC ~ OF THI; CITY OF S UTH '"""u.L.L..LOR ID '_J.._ / L 0 □ OTHER -r N--I(_) 0 CV'1- ~ 0-rf\<L eu ~-tJ1.N't~ /1o I ;J/-o 0d-dJ . ./ 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER -------------.......------------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSI O NS OF LAW: FUNDAMENTAL ISSUE : / WHETHER THERE IS SUBSTANTIAL COMPETENT EVID'6i..._t:j6 E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? [l YES D NO 118Appendix Page No. 122 323 6. ULTIMATE FINDINGS: I . A. IT l~/rHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLA TIO~.,,. M WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE C DE OF ORDINANCES OF THE Cl1Y OF SOUTH MIAMI, FLORIDA. · ASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 6 i/0 . ([() (civil penalty for each violation) and $ /JS, M,) (hearing costs), totaling __._.,s:f/-c-~-+,·-/~J ~5~~-£51~l)~--------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost a·ssessed remains unpaid after the execution of this order, a certified c opy of said order may be recorded in the Public Reco rd s of Miami-Dade County which shall constitute a li en against the vio l ator's property , real or personal. The City may foreclose on any such lien, which rem ains unpaid after three (3) m onths from the tim e the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If t he v io lation subject to this action remains uncorrected afte r the deadline for compliance indicated herein above, an ad dit ional civil penalty in the same amou nt sp ec ified in th is order shall begin to accrue for each day following the deadline for co mp liance a nd shall continue to run unt il the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: ·o:t ,/'Yf · 1 a.) ( a_µ_ . ct/ ... I □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : NOTE : If you wish to appea l the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later th a n 30 days from the date ::~p1ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG VIOLATOR ON: /0 /1f__ /2_ . .t- l:l aZn~~ I I (j!l_ C L 119Appendix Page No. 123 324 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 TAX FOLIO NO: 09-4025-01 2-0500 6600 SW 62 Avenue PROPERTY LOCATION: South Miami , Fl. 33143 OWNER: CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLA TOR: TENANT: STUNNA'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1 . T'7-FOLLOWING ARE APPUCA o/ TO TH IS HEARING (ch eck ap propriate boxes) 6 VIOLATOR(S) PRESENT tl VIO LATORS AG E NT PRE SE NT □ FAILED TO APPEAR D NON-COMPLIANCE D NON-PAYMENT OF CIVIL PENAL TY D REPEAT VIOLATION D CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED D HEARING RESCHEDULED D APPEAL WITHDRAWN D VIOLATION DISMISSED □ DECISION DEFERRED D CASE WITHDRAWN D OTHER _______ _ 8 . BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) D NO TESTIMONY OFFERED D OTHER ______________ -+------------------ 4. BASIC UNDERLYING FACTS: DEPARTMENT · IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENa:'TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES D NO 120Appendix Page No. 124 325 6. ULTIMAT~FI DIN GS: A. IT HE DETERMINATION OF THIS SPECIAL MAG ISTRATE THAT THE SUBJ ECT VIO LATIO N WAS □ WAS NOT ... ISSUED IN ACCO RDANCE WITH THE PRO V ISIONS O F CHAP TER b)(1) OF THE LAND DEVELOPMENT CODE . D ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLA TOR(S) , -') r; .Jt1M..J LTV □ NOT GUILTY OF THE SUBJECT VIOLATION . / CJ'-, 1 0 (. - C. IT IS HEREBY ORDERED THAT THE FOLLOWlp-}CJ 10 /})~5JT~: (U./J5 ffe..J:;(fl ~-l, QOQ. / 1.Violator(s) shall pay to the City Clerk$ 3 i 0. btJ ~vi(;:n;lty for each violation) and f-d /J.y;elf]lv/, $ /J, S. fYD (hearing costs), totali ng\ '3 0 g ~ <[5 -;J.:o•lj (NOTE : if the full amount of the civil penalty incu rre d an d admin istrative cost assessed rema ins unpaid after th e execution of this orde r, a cert ifi ed copy of sai d o rder may be re corded in the P ublic Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City m ay fo recl ose on a ny such lien , whic h remai ns unpaid after three {3 ) mznlh from th e time the lien is fi led.) . 2. Deadline for com pliance □ SHALL be exte nded to (Date)____ SHALL NOT be exten ded. (NOTE: If the vio lation s ubj ect to this action re ma ins uncorre cted afte r the deadline for compliance indicated herein above, an additional civil pena lt y in the same amount specifi ed in this o rder shall begin to accrue for each day following the deadli ne for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorp May 20 . 2022 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered . . AILED/DELIVERED TO ALLEGED VIOLA TOR ON: ma1 2Q, 2cJ2Z 121Appendix Page No. 125 326 (i) ORDINANCE NO. 19-21-2409 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-3.6 (V) and 20-3.J(D), (E) and (F) to reorganize sections of the Code concerning outside activities of businesses and to provide further regulation of business activity. WHEREAS, Section 20-3.J(E) controls and regulates outdoor seating and dining; and WHEREAS, outdoor seating and dining is one of the exceptions to the requirements of Section 20-3.6(V) that restricts all business activity to the inside of a building; and WHEREAS, there are regulations in Section 20-3.J(E) that should apply equally to all business activities that are allowed in Section 20-3.6(V) to be conducted outside of a structure; and WHEREAS, certain ex1stmg regulations do not provide a clear process for providing procedural due process to business and property owners who are doing business in the City; and WHEREAS, since Section 20-3.6(V) does provide an exception for outdoor seating/dining, it would be more appropriate for Section 20-3.J(E) to be incorporated into Section 20-3.6(V) so that the regulations of business activities conducted outside of a structure is consistently and equitably controlled; and WHEREAS, an amendment to Section 20-3.3(E) has been enacted to a11ow outdoor seating/dining on properties that are in the RM-24 zoning district if they are contiguous to the Hometown District Overlay; and WHEREAS, the amended Section 20-3.J(E) provides substantial regulation of sound emanating from outdoor business activity; and WHEREAS, sound emanating from businesses, including gyms, bars and restaurants that is above the surrounding ambient noise level has a disturbing effect on the quiet enjoyment of residential properties that abut, or that are across the street, from businesses that generate noise; and WHEREAS , the advent of high-intensity-interval-training (HIIT) in gyms poses substantial acoustical problems. These gyms that provide HIIT include workouts that often generate significant airborne and/or structure-borne noise and vibration. These noises and vibrations have been known to create a nuisance to adjacent noise-sensitive spaces. In some Page 1 of24 122Appendix Page No. 126327Ord. No. 19-21-2409 of these HIIT activities, clients drop or throw weights on the floor or against the walls; and jump, kick, and/or hit heavy implements against various objects (e.g., tires)1; and WHEREAS, sound emanating from businesses can create a nuisance since sound can be detrimental to the health and welfare of residents of those neighborhoods that are in close proximity to these businesses; and WHEREAS, currently, Personal Skills Instruction Studios and Physical Fitness facilities have specific restrictions on sound emanating from the structure in which the business operates (see Land Development Code, Section 20-3.3(0) footnote****); and WHEREAS, the sound regulations concerning outside commercial activity should apply to all businesses that are similarly situated; and WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on July 13, 2021 and the proposal was denied approval by a vote of 5 yeas and 2 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 20 Section 20-3.6(V) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.6 -Supplemental regulations. *** (V) Commercial Activity Conducted Outside of a Building. (1 )No eeA:n:Aercial activity conducted on Commercial Property, with the exception of those uses and activities listed in Sections (3) aAa (4) and (5) below, shall 13e ~ allowed to be conducted outside of a Fully Enclosed Beuilding unless a pFOper permit is issueEI pursuant te the regulatiens set jgrth in tl=lis Sectien. Outdoor business activity that is not listed in paragraphs (3). (4) and (5) below may be allowed on a temporary basis if a proper pennit is issued for such activity. The owner of any structure that houses commercial activity and-the operator of any business on such property are prohibited from allowing any sound emanating from within the building from being plainly audible at or inside the property line of any property that is a single-family dwelling, two-family dwelling or townhouse. with the exception of random, unintentional and intennittent sound created, or escaping from the structure, when people enter or leave the structure. 1 https://www.salter-inc.com/wp-content/uploads/NOISE-CON-2019-Experiences-with-Gym-Noise-and-Vibration-in-Mixed-Use-Buildings.pdf Page 2 of24 123Appendix Page No. 127 328 Ord. No. 19-21-2409 (2}_Private property. Outside retail merchandise display set out on private property shaY will be permitted subject to the following limitations and conditions; (a) The outside merchandise display may only include items which are sold inside the building of the business; the business must have a valid current business tax receipt ( occupational license); (b) A restaurant may not have an outside display of retail merchandise; ( c) The outside display of retail merchandise may not be placed on any vehicular parking spaces or in any area which blocks access to or from a required vehicular parking area; (d) The outside merchandise display may only occupy a maximum square footage of ten (10) percent of the gross square footage occupied by the business inside the building; the posted permit as required by Sl:!bsee~ioa subparagraph G) below. must indicate the square footage of the business inside the building and the square footage occupied by the outside display of retail merchandise. Additional parking spaces are required for all additional square footage of outdoor display; (e) The outside merchandise display may only include retail merchandise that can be immediately carried away by a customer after purchase; merchandise which requires delivery to the customer or requires being carried by hand truck or similar device is prohibited from being displayed outside the business; (f) The outside merchandise may only be displayed while the business is open and must be removed on or before the close of business for each calendar day; (g) Retail merchandise display set out on private property must obtain a permit from the Code Enforcement Department as set forth in the City's schedule of fees; (h) The outside display of retail merchandise permit regulations will be enforced using procedures set forth in the Code of Ordinances; (i) The outside display of retail merchandise permit may be revoked by the City Manager upon finding that one (I) or more conditions of these regulations were violated, or that the outside display of retail merchandise is being operated in a manner which constitutes a public nuisance or in any way constitutes a reasonable risk of potential liability to the City; G) Any business purchasing an outside display of retail merchandise permit consents to abide by the limitations and conditions set forth in this ordinance and 5ha» must display the required permit so that it is visible on the outside of the building during any period when there is an outside display of retail merchandise; a copy of this ordinance shaH must be furnished to all businesses purchasing an outside display of retail merchandise permit. (k) A business establishment may only place outdoor displays on private property. Page 3 of24 124Appendix Page No. 128329Ord. No. 19-21-2409 (3) Recognized outside uses. (a) The following permitted and licensed uses are recognized as commercial activities tn1siResses whieh must that, by the nature of the business, are reguired to be, or are more efficiently, conducted coaeuet commefeial business outside of a building. However, the placement of retail merchandise outside of a building by the listed businesses shaH must nevertheless comply with the ~Fo,•isions, Of Fequire aclherenee the requirements, limitations and conditions concerning displays of merchandise outside of a business as set forth in this Subsection (V). These uses may be limited by the permitted use table in Section 20-3.3(0). All property owners and business owners whose business activities is first conducted in the City after October 1, 2021, and all restaurants no matter when their activity began. must obtain a non-transferable annual permit for the following activity: (i) Agricultural farming activities on public property; (ii) Vehicle repair and detailing; (iii) Vehicle sales; (iv) Motor vehicle service stations; (v) Bicycle rentals, sales, and service; (vi) Commercial nurseries; (vii) Outdoor dining/seating areas when part of a permitted and licensed restaurant. (b) Required conditions of business activity outside of a Fully Enclosed Structure: (i) Outdoor business activity. other than a restaurant. that is first conducted on or after October 1. 2021. and all restaurants with outdoor seating/dining (the Use) are only allowed if the business enters into an agreement with the City to comply with all of the conditions set forth in this subparagraph (b). (ii) The Use must not Abut a single-family dwelling. two-family dwelling or townhouse; (iii)All structures that are associated with the outside activity must be acoustically well-buffered so that no sound from within any building that services outdoor activity is plainly audible at or inside the property line of any property that is a single-family. two-family or townhouses. with the exception of random. unintentional and intermittent sound created, or escaping from the structure, when people enter or leave tbe structure; (iv)The owner of the property and operator of the business do not allow outdoor vocal sounds, music or the use of any device that emits sound. including but not limited to outdoor electronic speakers. handheld electronic devices. or musical instruments. by anyone, including Page 4 of24 125Appendix Page No. 129 330 Ord. No. 19-21-2409 customers, or other sound emanating from the outdoor business operations if the sound is plainly audible at or inside the property line of any property on which there is a townhouse. single-family dwelling or duplex (two-family dwelling) (Residential Property); (v) Nothing contained herein is intended to authorize sound that would otherwise be in violation of the City's Code, including the City's noise ' ordinances. (4) Special events exempted. Retail sales and activities associated with special events such as, but not limited to, art fairs, art festivals, fund raising events, and special promotion programs which have received a Special Events Permit from the City shall is not be required to obtain a permit for the outside display of retail merchandise as set forth in this ordiAanee Subsection (V). (5) Reserved. Outdoor Seating/Dining. (a) Definitions. Solely for the purposes of this Subsection (V). the following words, terms and phrases, when used in this Subsection (V) will have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning: Abut or Abulling means that one lot or parcel is contiguous with another lot or parcel or separated only by a right of way. Applicant means the person or entity that applies for a permit. City means the City of South Miami, except that when the context suggests an individual will take some action on behalf of the City, the term City will be interpreted to mean the City Manager or designee. City Manager means the City Manager or the City Manager's designee. Code compliance officer means the code compliance officers or code enforcement officer, or any other authorized agent or employee of the City whose duty it is to assure compliance with the City's Land Development Code or the City's Code of Ordinances. Commercial Properties means real estate that is used for business activities but not including residential properties located in any residentially zoned districts other than RM-24 and they are in or contiguous to the Hometown District Overlay Zone. Contiguous with a public right-of-way means outdoor locations that abut the public right-of-way and are not completely separated from such right-of-way by any permanent structures or walls. Fully Enclosed Building means a building whose openings remain closed except for the normal and reasonable opening of doors when entering or leaving the building. Menu board means a board a11owing for the posting of a restaurant's menu and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. Nuisance means any of the places or acts defined by Section 823.05, Fla. Stat., Page 5 of24 126Appendix Page No. 130331Ord. No. 19-21-2409 Outdoor seating and dining means tables and/or seating that are situated outdoors and where food and/or beverages are sold, served and/or consumed or where they are intended to be sold, served and/or consumed and includes sidewalk cafes. Outdoor means an area outside of a permanent structure that may or may not be permanently covered with a roof. Permanent Structure means a structure permanently affixed to the groWld, which has four walls and a roof and that might or might not have an opening to the outdoor seating and dining areas. Permittee means the recipient of an Outdoor Seating/Dining Permit under the terms and provisions of this paragraph (5). Permit Year means the City's fiscal year that commences on October 1 and that ends on September 30 of the following calendar year. Restaurant means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for conswnption within the premises. Right-of-way. or public right-of-way, means land in which a governmental body owns the fee title or has an easement devoted to or required for use as a transportation facility including sidewalks and streets. Sandwich board sign has the same definition as set forth in Section 20-4.3(8) under the name "Sign, portable outdoor dining." Seating means any type of chair or other furniture provided for or used by customers for the intended purpose of sitting while consuming beverages or food. Sidewalk means that portion of the right-of-way which is intended for use by pedestrians and is located between the curb line or the lateral line of a street and the adjacent property line. Sidewalk cafe ("Cafe") means an outdoor seating and dining use located on a right-of-way or on private property that is contiguous with a public right-of-way and which is associated with a restaurant and is primarily characterized by tables and chairs; may be shaded by awnings. canopies or umbrellas: and may include such other sidewalk Cafe furniture as permitted and/or approved pursuant to this paragraph (5). Sign has the same meaning as provided for in Section 20-4.3 of this Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking. Table means any furniture which is used for the placement of food or beverages. (b) Outdoor seating/dining is permitted on all commercial properties located anywhere in the City with the exception of commercial properties located in the NR Neighborhood Retail. the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts. Outdoor seating/dining is only pennitted in the NR Neighborhood Retail., the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts if they are located within or contiguous to the Hometown Page 6 of24 127Appendix Page No. 131 332 Ord. No. 19-21-2409 District Overlay Zone {HD). If the property is outside of, but contiguous to. the HD. it must be unified with a property that is within the HD and the owner must have recorded a Unity of Title as to those parcels; and (c) A permit application for outdoor seating and dining or a sidewalk cafe on public property or on public rights-of-way or on private property contiguous with a public right-of-way, must be filed with the Planning and Zoning Department and approved by the City Manager prior to such use. The application must include a layout {site plan) of the location of all tables. chairs (including number and type of chairs). benches. and other furniture: pedestrian ingress and egress: location of refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area {all drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly indicate which seats and tables are on private property and which are on the public right-of-way. The City Manager may require that an amended site plan be submitted in order to address specific problems. At least seven (7) days prior to the City's Manager's decision on an application for a property that is located in the NR Neighborhood Retail. the RO Residential Office or RM-24 (Medium Density Multifamily Residential) zoned district and located within or contiguous to the Hometown District Overlay Zone (HD). the City must post a sign on the subject property which identifies the nature of the pending application and the means by which questions or comments on the application may be directed. The City Manager will consider any comments received by the public prior to issuing a decision on the application. (d) A permit for a sidewalk cafe or outdoor seating/dining areas and uses of the public right-of-way and/or any private property contiguous with a public right-of-way (hereinafter referred to as an "outdoor seating/dining permit") may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent. purposes. standards, and requirements of the related regulations by the City Manager. Such outdoor seating/dining permit is not transferable in any manner and it is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual business tax receipt. annual proof of compliance with the requirements of this ordinance, including insurance and. if applicable, payment of the per seat fee set forth below. ( e) The fee for outdoor seating/dining permit will be charged annually, and paid at the same time as the applicant/permittee pays its business tax receipt. for each outdoor seat located on public rights-of-way or on any private property contiguous with a public right-of-way and/or any stand-alone table top with no seating which is provided in conjunction with the sale of, or intended to be used for, or in the course of. the consumption of beverages or food. If the applicant has an existing restaurant, the initial fee will be prorated based on the time remaining before the applicant's business tax receipt expires. The permit fees to be charged will be set forth in the City's schedule of Fees. Page 7 'of24 128Appendix Page No. 132333Ord. No. 19-21-2409 The permit fee will be added to the annual business tax receipt and the payment of all outstanding violation fees for the main business. No outdoor seating/dining permit will be issued while the applicant/permittee is delinquent in the payment of any money owed to the City. (t) The applicant/permittee must provide the City with: (i) A copy of the business tax receipt from the City of South Miami: (ii) Copies of all required health department permits to operate a sidewalk cafe or equivalent outdoor seating/dining restaurant: (iii)A policy and/or certificate of insurance and an indemnification agreement that is acceptable to the City Manager and that provides for compliance with the City's insurance and indemnification requirements, including: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; b. For sidewalk cafes and other outdoor seating/dining area that serve alcoholic beverages, liquor liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; c. A Workers' compensation and employers' liability policy as required by the state of Florida; d. The City must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement to cover liability applicable to outdoor seating/dining and/or sidewalk cafes as described in this paragraph (5): e. All policies must be issued by companies authorized to do business in Florida and rated A-VIII or better per Best's Key Rating Guide. latest edition. The City Manager may increase these insurance requirements provided such requirements are applied to all parties similarly situated; f. Proof of insurance must be provided to the City as a requirement of the pennit. If such proof is a nonbinding certificate. the applicant/permittee's insurance agent or carrier must annually advise the City in writing, on a form acceptable to the City Manager under penalty of perjury, of the insurance coverage being provided. the term of the coverage and verifying that the outdoor seating/dining area and the City are covered by the required insurance. Such affidavit/declaration must include the policy number, company name and company contact information and the fonn numbers of the policy and all of the endorsements to the policy. City administrative staff may contact the permittee's insurance company periodically to verify the existence and continuance of such insurance; however, this in no way relieves the insurance agent of the agent's duty to provide truthful information to the City. Unless the owner or operator of the outdoor seating/dining area provides the City with a binding certificate of insurance and an endorsement to provide the Page 8 of24 129Appendix Page No. 133 334 Ord. No. 19-21-2409 City with at least ten ( l 0) days' advanced notice of intent to cancel the policy, the owner or operator must pay the City a fee each time the City contacts the insurance company, to cover the cost to verify existence of coverage. Failure to comply with these reguirements will be deemed to be operating without a valid permit and, upon a finding by the City Manager that such failure has occurred, will cause an immediate suspension of the permit and the assessment of a daily fine as set forth in the City's schedule of fines until the permit is revoked or the reguirements are met. Applications for permits must include an indemnification of the City for any and all liability associated with the pennittee's operation of the sidewalk cafe/outdoor seating and dining area. (g) It is a violation of this paragraph (5) to operate the sidewalk cafe/outdoor seating and dining area in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or that in any way constitutes a unreasonable risk of injury to persons or damage to property or potential liability to the City (h) An outdoor seating/dining permit may be temporarily expanded by the City Manager upon receipt of a written reguest including a site plan during special events. (i) An outdoor seating/dining permit area must be kept in a neat and orderly appearance and must be kept free from refuse and debris. The perrnittee is responsible for daily cleaning and sweeping of the sidewalk cafe area and for the cleanliness and maintenance of any outdoor planters immediately adjacent to the outdoor seating/dining area. Cleaning includes twice-monthly pressure cleaning or other appropriate cleaning methods, as determined by the City. Use of City sidewalks for trash and garbage removal is prohibited. (i) A sidewalk cafe must not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service casements, handicap facilities, or access to any other public, residential or commercial establishments. The width and location of the sidewalk pedestrian passage through the sidewalk cafe must be as follows: (i) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and dear for pedestrian passage; (ii) If there is seating on two (2) sides of the sidewalk, a minimum of five (5) feet of sidewalk between the two (2) seating areas must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian passage: (iii)AU outdoor furniture, including but not limited to, tables, chairs and umbrellas (excluding outdoor planters). must be located a minimum of eighteen (18) inches from the curb. (k) A sidewalk cafe on the public rights-of-way must be open and unenclosed. No building structures of any kind is allowed in or over any portion of the outdoor Page 9 of24 130Appendix Page No. 134335Ord. No. 19-21-2409 seating/dining area located on public property. except by prior express written authority of the City Manager. (I) Tables. chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights-of-way may not be anchored or restrained in any manner. Individual t~ble umbrellas, planters. or other such non-stationary elements may be pennitted within the outdoor seating/dining area and, where applicable, must have a minimum clearance height of seven (7) feet above the sidewalk. (m)A sidewalk cafe must apply for and receive advanced written specific approval to provide amplified sound of any kind in the outdoor seating area. In the event the City Manager detennines that the amplified sound constitutes a nuisance as defined in this Subsection 20-3.6(V). the City Manager will impose additional conditions; in the event of a second offense, the City Manager wil) revoke the approval authorizing the use of amplified sound. Sound must be kept at a low volume so as to not disturb neighboring businesses, residences, or to be audible in neighboring residential districts. Plans for amplified sound must be submitted with the site plan. Each establishment must sign an agreement in order to have amplified music. (n) A sidewalk cafe on public rights-of-way is restricted to the length of the sidewalk or public right-of-way immediately fronting the sidewalk cafe unless expressly authorized in writing by the City Manager. The utilization of space extending beyond the subject property frontage onto the immediately adjacent property may be authorized by the City Manager with the express written approval of the adjacent storefront owner; however, the seats and chairs in this location may not block the adjacent storefront windows. This expansion is subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form must be provided to the City and must include an insurance policy naming the City as an additional insured and a hold harmless clause in favor of the City. ( o) A sidewalk cafe must be at the same elevation as the adjoining sidewalk or public right-of-way unless expressly authorized in writing by the City Manager. (p) Carts and trays for serving food are pennitted in the outdoor seating/dining area but must comply with the provisions of paragraph 9(a) and (b). (q) The maximum number of outdoor seats may not exceed eighty (80) percent of the number of indoor seating. except for restaurants with indoor seating of twenty-five (25) seats or less which may have outdoor seats not to exceed one hundred (100) percent of the number of indoor seats. (r) During the operating hours all outdoor furniture must be securely placed as shown on the approved site plan or as may be ordered by the City Manager in writing. After operating hours, outdoor furniture must be neatly stacked to a maximum height of five (5) feet without blocking the sidewalk. A City approved cover may be required by the City Manager for chairs left outside when stacked. (s) No person, property owner. lessee or restaurant may allow outdoor seating/dining without a pennit. Each day that outdoor seating/dining or similar activity occurs without a permit or in violation of the site plan, constitutes a separate incident of violation and results in a fine for each day of continued Page 10 of24 131Appendix Page No. 135 336 Ord. No. 19-21-2409 violation. The continuing operation of a sidewalk cafe or any outdoor seating/dining activity without a permit as required by this ordinance after the receipt of a violation notice from the City Manager may also result in the revocation of the restaurant business tax receipt pursuant to Section 13-16 of the City Code. (t) Any violation of the regulations and standards set forth in this paragraph (5) constitutes a separate violation. The violator of a subsequent violation of any of the regulations and standards set forth in this paragraph (5) will be fined for each day of such continued violation as set forth in the City's schedule of fines. The continuing operation of an activity governed by this paragraph (5) without a permit or with a suspended permit or after the receipt of a violation notice from the City Manager and the failure to timely cure the violation. may result in the revocation of the business tax receipt of the person or entity responsible, pursuant to Section 13-16 of the City Code. (u) The City will issue twenty-four-hour warning notices for all non-life safety violations of this paragraph (5) which must be corrected with twenty-four (24) hours of receipt of such notice. (v) No warning notices are required prior to the issuance of a violation for failure to have a permit or for life safety violations and/or life safety or sidewalk cafe site plan violations and such violations must be corrected immediate]y. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the City Manager, involve serious danger and/or risk to the public health. safety or we]fare (including. without limitation, b1ocking pedestrian pathways and violations of the state accessibility code for building construction). Life safety outdoor seating/dining site plan violations are defined to include those instances where the pennittee is operating outside of the permitted outdoor seating/dining use area (as approved pursuant to this code) such as where sidewalk cafe furniture is found outside the approved boundaries of the outdoor seating/dining use site plan; but will not be deemed to include instances where a chair or chairs are temporarily moved outside the approved boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such unauthorized location for more than fifteen ( 15) minutes. (w)If City personnel finds a violation of this ordinance after a twenty-four-hour warning notice of such violation as been previously issued. then a notice of violation will be issued to the violator. No such warning notice is required for the failure to have a va]id permit or for life safety violations of this paragraph (5) and for life safety outdoor seating/dining site plan violations. and a violation may be issued at any time. (x) The City Manager or designee may order all furniture. including. but not limited to. seats, tab]es, and planters to be removed in the event of a pending stonn. hurricane. or other declared emergency . (y) Tables. chairs and other furniture on the sidewalk may be removed by the City, and a reasonable fee charged for labor. transportation, and storage as well as a fine which is initially set at two hundred fifty dollars ($250.00) and which will be levied against the person or entity who owns and/or controls such furniture. should the responsib!e person or entity fail to remove said items within thirty- Page 11 of24 132Appendix Page No. 136337Ord. No. 19-21-2409 six (36) hours of receipt of the City's notice to do so for any reason under this paragraph (5). In the event of a pending stonn. hurricane or other declared emergency, the City Manager may reduce the thirty-six (36) hour time frame. The City Manager will promulgate and review, as needed, regulations regarding the storage and disposition of sidewalk cafe furniture under this paragraph (5). (z) An outdoor seating/dining pennit may be temporarily suspended by the City Manager for public use/purpose, utility, sidewalk or road repairs, emergency situations. The length of suspension will be determined by the City Manager as necessary. Removal of all street furniture and related obstructions is the responsibility of the permittee as well as the owner/operator of the outdoor seating/dining area. (6)Limited effectiYe area. (a)Tke rights and prh·ileges granted by this ordinance are a\'ailable only to properties located v.«ithin the Zoning Use Districts ofgR, NR end TODD MUS. (b)A business establishment may only place outdoor displays en pri•1ate property. (6) Outdoor Seating/Dining Within the Downtown SoMi (OS) Zoning District. (a) Outdoor seating and dining or a Sidewalk Cafe on private property within the Downtown SoMi (DS) district is permitted upon approval of an outdoor seating site plan filed with and subject to administrative approval by the City Manager and the issuance of an outdoor seating and dining permit. The application for such administrative site plan approval must include a layout (site plan) of the location of all tables, chairs (including number and type of chairs), benches, and other furniture; pedestrian ingress and egress: location of refuse containers: location of approved outdoor speakers: and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation. and be at an acceptable scale). If applicable, the site plan must clearly indicate which tables, chairs. benches, and other furniture are on private property versus within a public right-of-way. Approval of outdoor seating/dining is subject to the availability of sufficient parking for said use and that accessibility and life safety standards are met, as based on adopted ordinances and building codes effective within the City. In addition, outdoor seating and dining within the OS district must comply with and is governed by Subsection (V) paragraph (3)(b)(i) through (v) and (vii) and paragraph (5)(m), (t), (u), {w) and {x). (b) Outdoor seating/dining located within a public right-of-way that is adjacent to or within the DS district is required to comply with the provisions of paragraph (5) of this Subsection (V). (7) A business license/Business Tax Receipt {BTR) or a pennit to operate outside of a structure may be revoked or suspended by the City Manager. ~ Suspension. The City Manager may suspend a pennit or a BTR for up to 30 days upon a finding that one or more of these Subsection (V) regulations Page 12 of24 133Appendix Page No. 137 338 Ord. No. 19-21-2409 have been violated or, in the case of a sidewalk cafe (Cafe) or Outdoor Dining, the business is being operated in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or in any way constitutes an unreasonable risk of injury to persons or damage to property or potential liability to the City provided the following conditions are met; (i) The City Manager is authorized to set the period of suspension, but it must be established by the City Manager as an administrative order that is consistently enforced against businesses that are similarly situated: (ii) the City Manager has given the business and property owner a courtesy Notice of Civil Infraction (Citation) of the violation and a reasonable time to correct the violation if the violation cannot be immediately ceased: (iii)A second violation of this Subsection M; (iv)The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing: (v) The business and property owner are given a reasonable opportunity to be heard and to present evidence and cross examine witnesses (vi)The City Manager finds by competent substantial evidence that this Subsection {V) was violated {Substantiated Violation); (vii) In lieu of a hearing held by the City Manager. the City Manager may suspend the permit or BTR if the owner of the property and/or business owner who conducts outside commercial activity has been found to have violated this Subsection {V) by the City's Special Magistrate (Substantiated Violation) in accordance with the procedure set forth in Section 2-25 of the City's Code of Ordinances. ill Revocation. The City Manager may revoke the BTR or pennit after a hearing if there have been three (3) or more violations of this Subsection {V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48 , Fla . Stat. for service of process. or certified mail delivery. or if the business or property owner have been communicating with the City by email. then service may be by email to which the owner either responds or in which the owner confirms receipt of the email. no later than ten {10) days prior to Page 13 of24 134Appendix Page No. 138339Ord. No 19-21-2409 the date of the hearing and an opportunity to show cause why the BTR or pennit should not be revoked ~ (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. {£) Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or pennit for failure· to comply with these regulations may be appealed by the property or business owner to the City Com.mission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section I 3-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in guestion clearly meets the definition of a nuisance as defined in this Subsection 20-3.6(V) The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated. if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). Section 3. Chapter 20 Section 20-3.3(0) and (E) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.3 -Permitted use schedule . ••• (D) ••• **** **** **** **** **** Opticians or p p p Optical Goods Personal p p p p Skills Instruction Studio**** Photographic p p p Studio Physical s $ s Fitness Facility**** **** p p p p Page 14 of24 **** **** **** **** **** p p p p p p p p p p p p p p p p p **** **** p p p p 135Appendix Page No. 139 340 Ord. No. 19-21-2409 Physical p p p p p p p p Therapist **** **** **** **** **** **** **** **** **** **** **** *** [Footnote]**** All aoti'Jities must only ooour within a f1:1lly enolosea, sounaproof struoh:.1re and all openings shall remain slosed e*sept for immediate use i.-.•hen entering or leaving the building. e'liaenoe of suoh sounaproofing shall ee pro1i•iaea to the satisfaetion of the City. All businesses that adjoin or abut a single-family or multi-family zoned district may not be open before 8:00 a.m. and must close on or before 7:00 p.m.; otherwise if they are not adjoining or abutting such districts they it shall not be open before 6:00 a.m. and it-they must be closed on or before 10:00 p.m. No sauna emanating from the premises may be auaible at the property line so as to disrupt the reasonable oonauot of basis human aoti 1Jities, e.g., contemplation, con1Jersation or sleep. The fact that sauna is audible at the property line oonstitutes prima faoie e'lidenoe of a violation of this seetion of the Lana De•,elopment Coae. Gross floor area of the use shall not exceed two thousand (2,000) square feet. *** (E) Outdoor Seating/Dining. (1) Outdoor seating,idining is peffilitted on all commercial properties located Bflywhere ie the City with the eneeption of commercial propeRies located on R}.4 24 (Meeliem Density Multifamily Resideatial) 2oned districts \1rhich are locates within the Hometovm District O•,•erlay Zone (HD) aad i:R the NR Neigheorhood Retail aRd the RO ResideAtial Office 20ning districts. Outdoor seatieg,Ldieiag is oAly peffilitted iR the Jl,JR Jl,Jeigheorhooe Retail, the RO ResieeRtial Office and R.\4 24 (MeEiilfffl Density Ml:lltifamily Resideetial) 2:oned districts if they are located within er eontiguoes to the Hometewn District Overlay Zone (HD) aBEi operate uneer the followieg conditions: (a) Outdoor seatingldiniAg is ORiy allowed if the eusieess that is seekiRg a peffilit for this ese enters iRto an agreemeAt wit:h the City to comply with all of the coneitions set forth in this sl:leparagraph ( 1 ); (h) The peffflit is not tmnsferaele; (e) The use does not Ae\it a single family dwelling, t\vo family dwelling or towahoese (d) the ese is acoustically well euffered so that ne SOUR8 emanatiflg ft:om within the h1:1ilding that ser.·ices outdoor dining is plaiRly aeaihle at or iAside the property line of any property that is a siRgle family, two fflffiily or to't'm:house, ·Nith the e*eeption of intenmttent souRds of short duration associatee with doors eeing openee betweea a building that services 01:1:tdoor dining and l¼AY oeteoor dieing area; (e) the O't'lfler of the property l¼Ad operator of the b1:1:siness do Rot allow oetdoor music or singiflg or the use of any device that emits souRd, incluEling eut not limited to Ol:ltdoor electroAic speakers, handheld electroftie Eleviees, or m1::1-sical instrameats, ey anyone , ieclueing customers, if the sauna is plainly Page 15 of24 p **** **** 136Appendix Page No. 140341Ord. No. 19-21-2409 aeelible at or insiele the property line of DRY property on whieh there is a to·Nnho1:1se, smgle family el•11elling, or a elupleM (two family dwelliag); (f) If the property is outside of, but eontigtteus to, the MD, it m\:lst he UR:ifiea with a property that is within the HD ana the o'twer m1:1st have recordea a Unity of Title as to those pare els. (2) /'•, peffftit applieatioA for O\:lteloor seating and diAing or a siciewa1k cafe OR publie property or oA puelie rights of way or on pri\•ate property eoAtiguoHs •• ,,.ith a pl¾blic right of •Nay, must be filed 1Nith the Plannmg and Zoaing Depa-rtmef!:t and appro:Yed ay the Cit)• Maaager 19rior to sHeh use. The applicatieA m1:1st iAeluae a layout (site 19lan.) of the loeatien of all tables, chairs (includiag m:1mber anEI t)·pe of-chairs), benehes, anEI ether fl:tmit1:1re; pedeskiaH iugn::ss w:ul egress; location of refuse contaiflers; location of approYed outdoor speakers; and other elements necessary to illustrate the proposed outeloor seatiAgtdieing use and area (all dre1wiRgs mHSt be tided, iRelicate orieatatioR, anel ae at aa acceptable scaJe). If applicable, the site plan mHsl clearly indioate •,vhich seats and tables are on priv~te property aael 11.•kieh are on the puhlic right of vray. The City Manager may reqlHre that aa ar-nl!f!ded site plan he sHbmitted in oreler to address Sf)ecific prohlems. At least se•.1en (7) days f)rior to the City's Manager's decision on an application f.or a property that is 2:oned NR Weighhorhooa Retail, RO Residential Offiee or.RM 2q that is locate in or contigtious to the Hometo,¥A Distriet O·,•erla,• ZoRe (HD), the Cit)• JBtiSt post a sign en the subjeet property ,.,,hich identifies the naft:lfe of the pendiag application ami the means hy which questions or comFAents on the applicatioa ma,• be directea. The City Manager Fnust consider any eemments received by the public prior to issuieg a deeisiee on the application. (3) The f.ollo1+,•ing words, teFFHs and phrases, when 1:1Sed in this code, shall hwre the meanings ascribed to them in this section, e*eept where the eoetext clearly iedicates a different meaAing: Abut or Abuttiag Fneans tRat one lot er pareel is contiguous with anotker lot or pareel or separated only by a right of way. l\:pplicant means the persoR or eRtity that applies f.or a peffftit. City means the City of South Miami, e~ccept that when the eonte*t suggests an indi,•idual will take some action on hehalf of the City, the teFFH Cit)· shall he interpreted to mean the City Manager or designee. City Manager means the City Manager or the Git)· Manager's designee. Coele compliance offieer means the code eom13liance effieers, or any other authorirred agent or employee of the Cit)• whose dut)• it is to assHre coraplianee with the City's Land De1relopment Code or the City's Code of Ordinanees. Commercial Properties means real estate that is Hsed f.or business activities but not i-Rcluding residential properties loeated in BA)' residentially 2:oned districts other than RM 24 and the)' ar:e in or eontigHous to the J.lometo1,vn District O•rerlay Zofle: Page 16 of24 137Appendix Page No. 141 342 Ord. No. 19-21-2409 Contigl!OUS 'Nith a pablie right of wa-y, fer purposes oft:his seetien only, sha-11 Jfieen oatsoer locations that abut t:he 1:n:1blic right ef v,r-e;r and are Hot eofflpletely separated fFeffl saeh right of way ey any J:lermaaent struetures or walls. Mena boars means a hoard allowing for the posting ef a resta1::1FaAt's men1:1 aed fabricates in s1:1ch a manner se as net to eenstitute a farm of geaefftl ad•,rertisiag or establishmeet idemifieatien. O1:1td0or seatiflg S:Rd diAing means tahles and/or seating t:hat afe situated 01:1tdoors enel. 1Nhere food and/or heverages are sold, sen•ed and/er coHsumed or where they ere intended te be selel, serYeel and/or eensl:lB'l.ed aad inel1:1des siele·.•,alk eaf~s. Outdoor, fer purposes ef this seetieR only, shall meaa an area outside of a permaneRt straet1:1re that may or may ROt be peffllaneRtly co,·ereel ·.vith a roof. Permanent Smieture, for fH¾rposes of this seetion only, shaJI mean a stnJctttre pemianeAtly affixeel to the greanel, vlhich has four walls BAd a roof and that might or might aot have an opeRiag to the omdoor seating and diniflg areas. Permittee mellfts the recipient of an Outdoor SeatiRfifDiniag Peffllit U:Ader the terms aad proYisiens of t:his seetion BAd for p\:lrposes efthis section oR:ly. Permit Year means the City's fiscal year that commences on October I aael. that eads on September 30 of the following calendar year. Restaurant fer purposes of this sectioa only, means a food serYiee esta-blishment that is maiatained and operated as a plaee 'tvhere food and/er heverages are prepared and/or seFYed and sold for consumptioa wiH=tin the premises, or a husmess esta-blislmient \¥B:ieh t1as, as an Cl:fleillary er secondary use, a part t:hereef where food and/or aeverages are prepared Cl:fldlor sef\•ed Cl:fld sold for eonsl:lfllptioe wilh:ie the premises. Right ef wa:y, or puhlic right of way, for p1:1:fJ3oses of this section oaly, means laHd in \¥B:ich a go•,•emmeRtal hod~, OWflS the fee title er has Cl:fl easement de,•eteel to or reqaired for use as a tranSf)ertation facility incl1:1ding sidevralks Bftd streets. SBfldwieh board sign. shall have the same defieitioe as set forth in Seetioe 20 4 .3(8) U:Ader the name 11 Sige, ponable outdoor Elfoiag." Seatiag means any t)'J:le of cha,ir or other furniture provided for er used by eastemers fer the intended purpose efsitting "t¥Rile eoasamiBg heverages or food. Side• • ..,alk meaas that portion of the right ef way whieh is iatended fer use hy pedestrians and is located hetween the curb lifie or the lateFa:l line of a sa=eet and the adjacent property liee. Side\•;alk eafe ("Cafe") meaas an outdoor seatieg and dinieg use located on a rigkt of wa:y or on pri,•ate property teat is contiguous with a public right of way and whieh is associated with a restaarCl:flt Cl:fld is primarily charaeteri:z:ed by tables 8:Fl:d chairs; ma~• be shaded h~· awniAgs, caHopies or umhrellas; and may ieel1::1de su~h otker sidev1•alk Cafe furniture as permitted and/or 8f>pro·1ed p1;1rsuaet to this seetien. Sige shall ha•,•e the same meaRing as pro 1t1ided for in Secti~A 20 4.3 ef~his_eoe:ie. Street mea:As that =portioe of a right of wa,• impro•,ied, designed or ordmanly used fer ,,eruculer a=affic and/or parldng. Tahle mea:As any furniture which is used for the placement of food or be\'0fages. (4) A permit for a sidewalk cafe or outdoor seatiAg,4:lining areas aed uses of the public right of way and/or any private property contig1:101:1s with a p\:lblic rigkt Page 17 of24 138Appendix Page No. 142343 Ord. No. 19-21-2409 of w-ay (hereieafi.er referreEi te as an "01:1tdoor seatiewaieieg permit") may ae appro¥ed, denied, er appro•,•ed with eoeeitiees, modifieatioes safeg1:1ards or · stipl¼latioes appropriately anEi reesoBably related to the i~eat, pUfJ)o~es, standerels, and requiremeats of the related regl¼lat.ioes by the City Manager. S1:1eh outeloor seatie~elie,ieg permit shall eet be transferable ie ooy mar.ner anel is strietly a eoeelitioBal use 1:1ermit; issueel for a period of one year, renewable anBually yfa paymeet of the annW!l b1:1siness tmt reeeipt, er.nual proof of eomplianee with the requirements of this ordinaRee, ineluelieg iasuraaee aed, if apf)lieable, f)El)'mem of the per seat fee set ferth belo•.v. (5) The fee fer outdoor seatiegtelieiag permit shall be ehargeel er.nuall)', aeel paid at the same time as the applieant/permittee pEl)'S its business tax reeeipt, for eaeh outeloor seat leeated oe publie rights of wa)' er OR OO)' private property eoetiguo1:1s ·.¥ith a publie right of ·.vay Emel/or an)' staAd alone table top \'lite no seatiag •,i,'Rieh is provided ie eenjunetion with the sale of, or intended to ae u,sed for, or in the course of, the eonsumption ofae¥ereges or feed. If the epf)lieant hes an existing restaUfaRt; the initial fee sha-11 ae prorated eased on the time remainieg befere the applicoot's b1:1siness tax receipt expires. The permit fees to be eberged skall be set ferth ie the City's Sehed1:1le of Fees and Fiees. The permit fee shaJI ae aelded to the ar.nual eusieess tax reeeipt anel the payment of all outstaRdiflg violation fees for the main b1;15iness. 'Ne outaoor seatiewdieing permit shall ee issuecl while the Bf>plicant/permiuee is delinq1:1eet ie the pEl)'ment of any money oweel to the City. (6) The epplicant/permiuee shall pre·,•icle the City with: (a) A eep)' of the busieess tax receipt from the City of Seatb Miami. (h) Copies of all reeiuired health elepartrneat permits to operate a sidewalk eafe er equh•aleflt outeloer seatiag,ldiHiRg restaurant. (e) A f>Oliey BRdtor eertifieate ef iasurance anel 8f1 inelemftification Bgfeernent tflat is eeeepteble to tfle City Manager aAel that pro:vides for compliance with the City's iasHffifiee anel iaelemnification req1:1ireraeats, iBel1:1eli:ng the fellowiag: (i) Commereial geHeral liability insurance ia the ame\:Hlt of eae million dollars ($1,000,000.00) per occurrence for bodily iH-jw:y anel f)roperty elamege. The City rn'l:lSt be named es an additional insured en this policy, and cm eedersemeAt must be issued as part of the policy reflecting eompliance with this requiremeat to cover liability applicable to 01:itdeer seatingtdiffillg anel/or siele,..,•alk cares as deseribed in this 0rdiflBF1ce. (ii) Fer sielewallc cafes anel other outdoor seatiagtclinieg erea that serve aleeholie beverages, liquor liability iesurcmee ia the amo1:1Bt of one millioa elollars ($1,000,000.00) per occurreHce for bodily iH-jury and property damage. The City must be named as oo additional ins1:1red on tkis policy, anel an enelorsemeat must he issued as f>B:11 of the policy refleetiag cempliBflee with this requiremeet to eo¥er liaaility epplieable to outdoor seating,ldiRing andtor sidewallc cafes es descrihed in this ordiRanee. (iii) Workers' eempeasatioe aRd em13lo)·ers' lieeility as required ey the state. All policies must he issued h~• eemJ:Jlfflies authori2:ed to de b1;15iness ia Florida and ratecl A VIII or hetter J:Jer Best's Key Ratiag Guide, latest editiea. The City Page 18 of24 139Appendix Page No. 143 344 Ord. No. 19-21-2409 Ma.Rager ma,• iAcrease these iAsurat1ee requirements provides such requirements at=e applies to all parties similarly situated. Proof of iAsl:lfBFtee shall be pro·,ieled to the City as a requiremeat of the permit. If such proof is a aoabiasir1g c_ertificate, the appliear1Ypermittee's insurance ageRt or carrier shall ar.nually aelvise the City in ·.¥ritirtg, OR a ferm. aeeeptable to the City Maaager under peAalty of perjury, of the insuraBce co•,•erage heiAg proyiees, the term of the coverage and Yerifyiag that th:e outsoor seatiAlilfdiHiRg area aas the City at=e coYered e,• the requires iRsU:rOHee. 8ueh affida,•ittdeelaratioA shall inch:1de th:e policy aumber, company name a.eel compaey cofltact iRfermatioR and th:e form r1umbers of the policy aad all of the ensorsemeats to the policy. City ad-miR:istrotive staff shall contact the permittee's i:flsl:l:f&Ree COffi.flafl!Y periodically to •,•erify the eMistenoe aaa eoRtiAuanee of such ir1su.ra.Roe; howe•,•er, this iR Re W9?f relieves the inSl:lf&flce ageAt of the ager1t's d1:1ty to provide trYthftll infermatioA to the City. Unless the o·NAer or operator of the outaoor seati~di:Bing area pro•,ricles the City with a hincling certificate of insur&Bee aaEI an enelorsemeR-t to pro,•iele the Cit:,• w:ith at least teR ( l 0) da,•s' ad•,aaeed aotiee of ir1tent to cancel the policy, the owner or operator shall pay the City a fee of tv,ienty fh•e dollars ($25.00) each time the Cit:,• coataets the ifl5Ufaf1Ce company, to co~.ier the cost to ¥erify eKistence of coverage. FailYre te comply with these requiremeflts shall be deemed to be operatiAg without a val-id permit Bfld, upon a fir1ding by the City Mar1ager that such failure has occurred, shall ca1:1se an immediate suspension of the permit and the assessment ofa daily fine as set forth in tke City's Schedule of Fees and FiAes until the permit is re·,oked or the requiremer1ts are met. Applicatior1s for permits shall ir1ck:ide &fl indemnification efthe Cit:,• for any and all liability associated vlith tee permittee's operation of the sidewalJc cafe/outdoor seatir1g aaa dining area. ~ .A.:fl ot.-1tdoor seatin{lfdining permit may be re¥okecl or s1:1speRdeEI by the City MaRager. (a) 8uspensioa. The City manager may susper1d a pef'R'l:it fer 30 says upeR a fir1dmg tl=lat or1e or more conelitioas of these regulations ha•;e beeA violated or that the side\,•alk eafetoutdoor seatiRg BflS dir1ing at=ea is being operated ia a marJ1er that is incoRsistent with the appro:Yed site pla.R or constitt.-1tes a puelic nuisa.Rce, or ia BflY '#0,' constitutes a reasonable risk of iRjYf)' to persoas or damage to property or potential liability to the City provicled the followir1g eoaelitions are met: (i) the City Manager has gi•;eA the business aBd property owner a prior ·.vritteA Notice of Ci¥il lAfFDetion of the violation (Citati OR): (ii) there is a subsequent Yiolation that is the same er substaBtially similar to ana that ocet:1rs within 12 months of the violatior1 for ·n<hiel:1 the first Notice of Ch•il lflffaetion (Citation) was issues; (iii) the maeageF gh•es the ·1iolator rea:sonahle aotice of the suspeRSioA or termiaatioa hearing; (i'l) the ¥iolator is giver1 a reasoaable opportunity to he heard aAd to cress eKamine witnesses; (v) The maBager finEl5 by comf1etent suhstafltia:I e,rideace that iliis Subsection was •1iolatea (81.lbstantiated Violation); Page 19 of 24 140Appendix Page No. 144345 Ord. No. 19-21-2409 (·,•i) IR liel:I ofa hearing helEi by the City Manager, the manager may suspenEi the permit if the 0""8er ef the property er basieess 01+vner of the oatdoor seatiRgiltlining faeHity has been foantl to have ·1iolated this Sabseotion (81:ibstaatiated Violation) by the City's Speeial Magistrate in aceordanee 1+·.ritk the procedl¾fe set forth in Section 2 25 of the City's Code of OrdiRanees. (b) Re,·ocation. The City Manager FRa;' re·,eke the peffflit if there hw,e been three (3) or more Substantiateel Vielatiens, •fflthiR an~· 30 day period of tiFRe. (e) Appeal. A deeisieR by the City Manager to suspenel (inclading a suspensioR due to a noise violatioe go21emed h~· this Subsection (E)) or re'1oke a peffflit for faill¾fe to eoFRply with 'the one or more conditions or regt:1lations reay be a-ppeaJed by the perrnittee to the City Commissiee pw:st:1ant to the appeal procedure set forth in Section 13 1Q5 of tBe City's Code of Ordiaanees. Notwithstooding anything contained in Section 13 105, an appeal must be filed with tke City Clerk within thirty (30) days of reeeipt of•.witten notice of the City Manager's eeeision. An appeal of the City M8:Bager's decision does not stay the implemeatation of the City Manager's deci-sien. The City Cofflfftission must hear aAd enter a deeisien within sbct:y (60) da,is from the date the appeal is fileel. The City Manager's decision FRust be in ,,ffiting anel indicate the gr01,1nels for kis action aAd the pro21isions of the City's Code that ha21e been 'liolated, if any, andJor the public nuisanee er risk 1::1pon which the Eieeision of the City Manager was predicated. (6) An outeloor seatingtdining permit may he temporarily suspended by t:he City Manager for puhlic use/-pUFJ30se, utility, sidewalk or reael repairs, emergeRey sit1:1ations, or violations of provisioas cemained herein. The length of st:1spensioa shall be deterrniaeel by the City Manager as aecessary. Remo,·al of all street furniture anel related obstruetions shall be the res130nsibility of the permit:tee as ..,.,ell as the O'NHer/ef)erator efthe outdoor seatingileliRiBg area. (8) An outdoor seating,ldming peFFBit rnay be temf)OfBfil}' eKpanded by the City Manager upoe receipt of a •,1ffit:ten re~1,1est inclueliRg a site plaA elurfog special e¥ents. (9) An outdoor seat:ingtdining permit area shall be kept in a neat ;md orderly appeQfQflce anel shall he kept free from refuse and debris. The peFFRitt:ee shall he responsible fer daily cleaning and sweeping of the sidewalk eafe area anel fer the cleanliness ane maintenance of an~· outdoor planters immediately adjaceet to the outdoor seatingilelining area. Cleaning shall include t>.¥ice monthly pressure cleaning er ether 813propriate cleaning methods, es deteffflined by the City. Use of City side·Nalks for trash and garbage rerno•,ral shell be prohibited. ( 10) A side.,i.•alk eafe shall not interfere with the free anEi ueobstn1cted pedestriae or ·,ehicu1Bf' cit=eulatien of traffic, public access to any street interseetions, c1=esswalks, pablic seating areas anel ceH¥eniences, eus stops, alleys, service easements, handicap facilities, er access to any other p1:1blic, resideHtial er coFRmercial establishments. The wiath and location of t:he sielewallE peelestrian passage tl=H=ouge the sielewa.lk care shall he as follows: a) If there is seating oe one side of the sidewalk, a rninim1::1rn of fi,·e (5) feet of sid8'+11alk must reFRaie 1,1nobst:F1::1cteel by 01::1tdoor seating fuffiitl¾fe aAEi the FRaeeu-.·ering of ehairs, aed clear for pedestriaA passa-ge; Page 20 of24 141Appendix Page No. 145 346 Ord. No. 19-21-2409 b) If there is seating on tv,io (2) sides of the sidewalk, a miRimum offi1Je (5) feet ef sidewalk bet·Neen the two (2) seating areas must remain 1:lflobstraeted hy outdoor seating fumih:lre OHS the maflel:PJering of ohairs, 8:ftd clear for pedestrian passage; c) All outdoor fumitl:H'e, including but not limited to, tahles, chairs and ufflhrellas (e*eh:tdi:Rg outdoor planters), sha,H be located a mmimsm Qf eigliteen (18) iHches from the curb. (11) A sia~¥alk eafe on the J:JUblie rigkts of way shall be epeR 8:ftd 1:lflenelosed. },Jo beildiag structw=es of 0:Ay kiad shall be allo•Ned iH and O'+'er any portion of the outdoor seating/diaing area loeateel OR peblic property, encef)t by prior enpress written al:tt:hority of the City Manager. ( 12) Tables, chairs 8fld all other fumiture use El ia the operation of an emeoor seating/diniflg area on the public rights of w~• shall not be anchored or restraiaed in 8fl)' mar.Her. lndi,,,idual table embrellas, 13lanters, or other such nofl stationary elements may be permitted ,.,cithin the o_utdoor seatiRg/diniag ar~a 8fld, where applicable, shall ha1Je a miniml:lm clearance height of seven (7) feet aboYe the sidewalk. (13) A sidewalk eafe m1:1st apply for B:fld receh•e ad\1aHced \¥Otten s13eeifie appro\'al to provide amplified sosnd of an~• kinEI ia the ol:ltEloor seating area. In the e·rent the City MaRager Eletermiaes that the amplified SOl:IRd c0Rstit1:1tes -a psblie m:1isanee, the City Manager shall impose additioeal conditions; ifl the eveftt of a second offense, the City MEH'lager shall re"+'oke the aJ:Jproval a1:1thoriziRg the use of amJ:Jlified souad. SouRd m1:1st be keJ:Jt at a low •Jolume so as to Rot disrurb neighboriHg businesses, residences, or to be audible iR Reighboring resideatiaJ districts. PIBRs fer amplified sol:lfld mllst be s1:1bmitted with the site plan. Eacli establishment must sigR an agreement in order to have amplified music. ( 14) A sidewalk caf~ on pllblie rights of way sliaH be restricted to the leRgth of the sidewalk or public right of way immeeiately fronting the sidewaUc cafe unless eKpressly aethori:ted ifl 'li'JFiting by the City Manager. The 1:1tiliat:ioe of SJ:Jace eKteHdiRg beyond the Sl:lbjeet property froetage onto the immediately adjaeeet property may be al:lthori:ted hy the City MEH'lager with tfle eKpress writtee apJ:1ro•1al of the adjaeeat storefront owaer; howe·rer, the seats il:Ad chairs ie this loeatioR may Rot block the ad:jacent storefront windoYJS. This eKpansien is subject to ar.mml '.'JFitteR eoHsent pro•lided by the property ovJF1ers iR froat of whose properties the ol:lteoor seating,ldiaing service wo1:1ld oceer. The &r.Hl:lal v.crittea consent farm shaU be J:IFO't'idea to the City aAd shall iRelude an ins1:1raF1ee J:JOlicy naming the City as aR additioRal insured and a hold harmless clause in fuyor of the City. (15) A side\valk eafe sliall be at the same ele-.•atioa as the adjoining sidev,calk or public right of way l:lfl:less eMpressly a1:1thori2ed iR Wfiting by the City MB:flager. (1 e) Carts and tr~1s for serviRg feed are permittee iR the m:ndoor seating,ldi.ning area b1:1t ml:lst comply with the pro•t'isioRs of 81:1bsectioa 9(a) aRd (b). (17) The ma:ximl::lftl Rl:lfRber efo1:1:tdoor seats shall not exceee eighty (80) percent of the FH:Hnber of iadoor seatiRg, e:Kcept for restaul'Bf!ts \",rith iedoor seatiRg of Page 21 of24 142Appendix Page No. 146347Ord. No. 19-21-2409 tweaty fi:ye (25) se~s or less which may ha•,•e outdoor seats net to eKseed ene hlilldred ( l 00) percent ef the HW'Aber ef indoor seats. (18) During the oper~ing hol::lfs all 01:1Moor Rmlitw:e must he securely places as sho•;ffi oe the appre•1eEl site plan or as may he ofdered by the City Manager in writing. After operating he1:1rs, 01:1tEleer atfffitl:¼re must he neatly stack:ed to a mBKinnHft height of fi.:ye (5) feet •n•ithoat bloelcing the sidewalk. A City appro:veEl cover may be reqwreEl b~· the City MElftager fur chairs left OHtside ,•Alen stacked. (19) No person, property 01+¥Rer, lessee er restaaraat shall allow oatdeor seating,ldining on a pablic right of way or ElftY Ji)ri•;ate Ji)roperty eontiguo\:15 ·Hite a pahlic rigbt of way without a permit. Each d&)' that outdoor seating/dining or similar activity eecl::lfs without a f)errnit er ie ,.,jelatiofl. of the site plaR, shall eonstitate a separate ineideRt of •,riolatieA end shall resHlt in a fiBe for each day of continued violation. The centinuiag epemtioR of a sieewallt lalafc ur tl:fty 01:1ltluuf seatieg.ldining activity without a 13errnit as required by this oniinflftce after the receipt of a :Yiolation eotice from the City Manager may also result in the revocatioa of ttie restmna.Rt eusiness ta-x receipt pursuant to Section 13 l €i of the City Code. (20) Arty •1iolation ef the regulations and standards set ferth in this sectioe shall eoHStitute a separate 'liolatioe anEl shall result in a fine for each day of coetinHed violation in an amol:lftt set forth in the City's Sehedule of Fees end fiees. A suesequent •1iolatioe of any of the regulations aHd stB:Adards set forth in this section shall result in a fiee for each day of such coetin:ued 'liolation as set forth ie the City's Schedule of fees aRd Fines. The continuieg operation of BR activity go,·emed by tkis section witho1:1t a permit er with a sus13ended permit or after the reeeipt of a •liolation eotice from the City Maeager end the faill:lfe to timely cure the violation, may reStilt ie the t=e•1oeation oftke busieess tax receipt of the person or entity t=espoesible, pursaa.et to Section 13 16 of fue City Code. (21) The City shall issue tweet)' four ho:ur warning notices for all non life safety ¥iolations of this sectioe which must be correctea witk t\•1enty four (24) ho1:1rs of recei13t of such Retice. (22) Ne •Naming notices shall be req1:1ired prior to the issuaAee of a violation fer faill:H'e to ha•,e a 13ermit or for life safety violations and,lor life safety or siaewelk cafe site plan violatioes and st:1ch Yiolations shall be corrected immediately. Life safety violations are defines as those eonditions 1Nhich, iR the reasonable determieatioR aRd judgment of the City Manager, involve serious danger and.Lor risk to the pl:lblic health, safety or •.,;elfare (inelHding, without limitatioR, blocking pedestrian pathways ana •,·iolations of the state eccessieility code for buildieg coestructioR). Life safety ot:1tdoor seating,ldieing site plan •;iolatioRs are eefined te iaeh:1de these instances where the f)ermittee is operating outside of the permitted 01:1tdoor seating,ldiRing 1:1se area (as appro•1ed p1:irs1:1ant to this code) st:1ck as where sidewalk cafe furniture is fo1:1ad eutsiele the epprn,.•ed boURdaries of the 01:1kioor seatin~dinieg use site plan; b1:1t shall not ee Eleemed to iael1:1de instances where a chair or chairs are temporarily mo¥ed outside the aJ:lproved houedaries of site plan by a sidewalk eafe patrnR(s) HRless it reFAeins ifl sueh ueauthericecl locatioR fer mere tha.A fifteen (15) minutes. Page 22 of24 143Appendix Page No. 147 348 Ord. No. 19-21-2409 (23) If City persemtel finds a vielatioa of this ordinanee after a tv.«enty four hoHF warning eotiee of such Yiola-tioR as eeeR fJre¥iously issued, then a notiee of vielmion shall be issued to the violator. 'No such •,,;aming notice is required for the failw:e to ha•te a ,·alid pemiit or for life safety ¥iolations of this seetioe anel for life safety outdoor seetingldiHing site fllan violations, and a ,•iole:tion may ee issued at any time. (24) The City MaAager or designee may order all :fumiture, ieeluding, eut not liffl¾ted to, seats, tO:bles, and planters to be remo,•ed in the e,•eAt of a pending sterm, lnu=ricaae, er ether declared emergeHe~•- (25) Tables, ehairs and ether furniture en the sidewalk may be reme:ved by the City, and a Feasenable fee eharged for laber, transpertatien, and storage as well as a fiee Vf'hieh shell be initially set at twe huedred fifty dollars ($250.00) aAd whieh sha:11 be levied against the person or eetity \'rho owns &Hdlor eoAtrols sueh furniture, should t:he responsible person or entity fail to remo:Ye said items within th,irty six (3(i) hoHFs of receipt of the City's eotice to de so for any reasoR Uf.lder this sectioe. In tee event of a pending storm, hurricaAe er otaer deelared emergency, the City MaAager may reduce the thirty six (36) hmu time frame. The City MaAager shall 13romulgate and re•;iew, as neeeled, regulations regarding the storage and disposition ofsidewellc cafe furniture under this section. (f) Outdoor Seating/Dining Whhin the Do'+¥Atown SoMi (DS) Zenieg District. (I) Outdoor seetiHg and dining or a Sidewalk Cafe on pri:Yete 13roperty within tke Do•.wtoWB SoMi (DS) district is permitted t:1pon appro•lal of an outdoor seatiflg site plan filed with end subject to aelministrmive appre,.•al by the City MEmager. Tke application for s1:1eh administrative site ploo approYal shall iecl1:1de a layout (site plan) of the location of ell taeles, Cfleirs (incl1:1diRg number and type of chairs), benehes, and other furniture; pedestrian ingress end egress; loeati01'! of refuse containers; leeation of ap13ro¥ed outdoor speaJcers; end other elements eeeessEH)' to illustrate the proposed outdoor seatingldiAing use aAd area (all drawings must ee titled, indicate orientation~, and ee at en acceptable seale). If applicable, the site plan must clearly indicate which tables, caairs, benches, a:Rd other fumimre ere on 13rh1ate property :versus ,.,.,jt:hin a public Tigat of ·.v-ay. Outdoor seetingldining within pri:vate property shall be admieistr-eth,ely appro:\1eci ~· the City MEmager proYided that there enists sufficient parking for saiel use end that accessibility aAd life safety swnderds are met, as based on adopted ordiAaAees and building eodes effeeti:ve withiR the City. (2) Outdoor seeting/dini-ftg not located within pfr.,ate 13roperty and to be located within a J:)Ublie right of way adjaceRl to and within the DS district shall ee subject to the 13r0Yisions of Section 20 3.3(E), South M+ami Land De,•elopment Code. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Section S. Codification. The provisions of this ordinance will become and be made part of the City of South Miami Land Development Code as amended; that the Page 23 of24 144Appendix Page No. 148349 Ord. No. 19-21-2409 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 7. Scverability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holding will not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this~ day of 'ep1cmb r. 2021. ATTEST: 1st Reading -8/17/21 2nd Reading -9/7121 Page 24 of24 APPROVED: Mayor Philips: Commissioner Gil: Commissioner Harris: Commissioner Liebman: Commissioner Corey: 4-1 Yea Yea Yea Nay Yea 145Appendix Page No. 149 350 6/20/22, 7 :34 AM City Commission City Commission B) ROLL CALL D) MOMENT OF SILENCE E) PLEDGE OF ALLEGIANCE I) CITY MANAGER'S REPORT J) CITY ATTORNEY'S REPORT L) COMMISSION REPORTS, DISCUSSION & REMARKS N) CONSENT AGENDA 1.) A Resolution relating to the cost of the April 20, 2021 Special Election for the City of South Miami; approving the expenditure of $21,747.39 for the election costs. 3/5 (City Clerk) 6.) A Resolutio11 to budget; authorizi_ng a transfer of $14,839 from the Ci\y Manage1· General .. z ~ ~ I Jr Agenda Minutes Documents Share https ://southmiami .granicus .com/player/clip/137 4 ?view _id=2&red irect=true 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…3/4 On Fri, Jun 17, 2022 at 3:07 PM Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: 146 2021-12-24 Violation COMPLAINT AFFIDA VlT ST ATE OF FLORIDA ) CO NTY OF MIAMI-DADE) SS: Pursuant to §92 .525(2) Florida Statutes, I, Jorge Milian, make the following statements of fact: (I) My name is Jorge Milian and I reside at 6531 SW 62nd Ct, South Miami, Florida. (2) To the best of my memory, sometime in September of 2020 I downloaded to my mobile phone an application from Apple Application store by the name of' Timestamp Camera Free". (3) I was asked by the City Attorney if the App allowed the user to change the date and/or time and I was not able to find any way to change the date or the time of day. The App only allowed me the option of changing the format such as Oct 8, 2020, 6:38:33 PM, or 10/8/20 6:38 PM, etc., and every time that I have used it, it registers the same date and time as my phone that I used to download the application. ( 4) I took the following videos on the date and time reflected below which was on the same day and shortly after I was disturbed by the noise coming from the Stunnas Fit Gym (Gym) located at 6600 SW 62nd Ave, outh Miami, F Appendix Page No. 150 351 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…2/4147 , } 1-B. The G) m propert) is separated from m)' home b) an alley and both my propert). and the property of the Gym abut this alley . When I investigated the .. ource of the ound. 1 sa\\ several people exercising in the alley on the north side ofth Gym and the people were going in and out of one of the Gym's two large garage doors which was open and stayed open while l observed this acth ity. These ,ideos were never edited or changed in any way from the time they were taken to the present date, and they fairly and accurately depict the sight and sound that I saw and heard on the date and at the time shown on each video: a. 2021-12-24 9.44 am JM Outside IMG 128750597 1 -- b. 2021-12-24_9.45 am JM Outside IMG_l80594079 c. 2021-12-24_9.47 am JM Outside IMG_l41953912 (5) I have compared the downloaded videos with the videos taken and saved on my phone and they are identical. Under penalties of perjury, I, Jorge Milian, on this il day of June 2022, declare that I have read the foregoing Complaint Affidavit and that the facts stated in it are true. !The date, time and Mr M·1· . ff ' · • 1 1 an•s initi 1 a 1dav1t for ease of identificat1· fas wer: added by the drafter of thi's on o the video. Page 2 of 2 Appendix Page No. 151 352 148Appendix Page No. 152 353 Re&b y Micna e- M~11 e r c»f'rl« CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO . 21..-00.J.{31 Name & Address of Violator: Date & time of violation: t unna's Fit LLC 600 SW 6 2 nd Ave . out h M iami, Fl. ate: 03/30/2021 ime: 5:37 a .m. & 5:42 a.m. Date and time of issuance:~ S:-2.1 . 20.1=_( Code violated Condition of Bus iness Tax Receipt. See 2nd page of this citation for more details. w n er's Name and Address : Consoli dated Research a nd Planning Corp., 6796 SW 62 Ave , South Miami , FL ddress of violation : 6600 SW 62nd Ave ., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6 :00 a .m. Is this violation correctable 1? YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil p e nalty is $500 for each offense if yo u e lect to contest the cita tion or fa il to timel y pay the fine an d you may be liab le for reasonab le admi nistrative cost if fo u nd g ui lty of the vio lation. In addition, the fine may be a daily fine if t he vi o lation is correctab le and not t imely corrected2. Minim um ci vil p e nalty if you elect not to contest the ci tation and if it is a co rre ctable violatio n and it has been timely corrected, the fine is $340 for this o ffense . If it is a correctabl e vi ola tion and you fail to t imely co rre ct it, the fine is $340 per d ay until ii is corrected. The fi ne for a second violation of 1he same offe nce is 4 50 an d th e fine for the third or more violations of t he same offense is $500. ccept ance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the wner's or tenant's lawful representative. 1A • r r atio n " is not a e t of the same nor i s it an irreparable of irreversible violation. Authority of CEO4 City Sec. 2-25, 2-4.9 & Sec .162.01 -.30 & -1 ·66:11415, Fla. Stat. 'Timely corrected means the violation i s corrected an a wri en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(9), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083 , Florida Statutes." 4 CEO means Code Enforcement Offic er G 149Appendix Page No. 153 354 If you desire to appeal this citation you must file a written request with the CED, identifyin g the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, ii may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@seuthmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CODE VIOLATION DETAILS: Footnote**** to Section 20-3.3(D) states that the business shall not be open before. 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its !opera tions from the LJ-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." 1"Special Master" means "Special Magistrate" or "Magistrate" and vice versus. 150Appendix Page No. 154 355 CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO. Name & Address of Violator: Date & time of violation: Stunna's Fit LLC 600 SW 62 nd Ave. Date: 03/30/2021 Time: 5:37 a.m. & 5:42 a.m. Date and time of issuance:~ S:-21 , 20~( Code violated Condition of Business Tax Receipt. See 2 nd page of this citation for more details. Owner's Name and Address: Consolidated Research and Planning Corp., 6796 SW 62 Ave , South Miami, FL ddress of violation: 6600 SW 62nd Ave., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6:00 a .m . Is this violation correctable 1? ..YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil penalty is $500 for each offense if you el ect lo contest the citation or fail to timely pay the fine and you may be liable for reasonable administrative cost if found guilty of the violation . In addition, the fine may be a daily fine if the violation is correctable and not timely corrected2 • Minimum civil penalty if you elect not to contest the citation and if it is a correctable violation and it has been timely corrected, the fine is $340 for this offense. If it is a correctable violation and you fail to timely correct it, the fine Is $·340 per day until it is corrected. The fine for a second violation o f the same offence is 450 and the fine for the third or more violations of the same offense is $500. cceptance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the owner's or tenant's lawful representative. Signature of person receiving Name ofCEO4 citation3 : A 'lj;;orr _c abf . ation" Is not a nor i s it an irreparable of irreversible violation. Authority of CEO4 c. 2-25, 2-4.9 & Sec.162.01 -.30 & 5, Fla. Stat. 'Timely corrected means the violation is corrected an awn en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(g), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083, Florida Statutes." 'CEO means Code Enforcement Officer 151Appendix Page No. 155 356 If you desire to appeal this citation you must file a written request with the CED, identifying the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, it may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@southmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CO D E VIOLATION DETAILS: Footnote **** to Section 20-3.3(D) states that the business shall not be open befo re 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its op erations from the LI-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." ~"Specia l Master" means "Special Magistrate" or "Magistrate" and vice versus. 152Appendix Page No. 156 357 City of South Miami City Hall Code Enforcement Division 6130 Sunset Drive South Miami, FL 33143 (305) 668-2503 Business License STUNNA'S FIT 6600 SW 62 AVENUE SOUTH MIAMI, FL 33143-3643 153Appendix Page No. 157 358 CITY OF SOUTH MIAMI 6130 Sunset Dr. South Miami, FL 33143 305 668-2503 LOCAL BUSINESS TAX 2021 Business Name: STUNNA'S FIT 6600 SW 62 AVE South Miami, FL 33143-3305 License Number: 21 -17-00006581 Class: PERSONAL SKILLS INSTRUCTION ST Issue Date: 6/19/2017 Expiration Date: 9/30/2021 Total: $0.00 Restriction: 6:00am to 7:00pm hrs Comments: PERSONAL FITNESS TRAIN IN THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE In accordance with Article 1, Chapter 13 City Code of 154Appendix Page No. 158 359 6/17/22, 5:01 PM Re: Permitted Schedule NR Zone max couper < maxcouper@gmail.com> Tue 5/10/20 22 11 :3 4 AM To: v w <veronicawaisberg@gmail.com > Mail -Pepe, Thomas F. -Outlook Cc: Bynum, Carol <CBynum@southmiamifl.gov>;Avery Milian <finethreadsinc@gmail.com>;Marc Halpern <marc@hrllplaw.com>;Philips, Sally <SPhilips@southmiamifl.gov> ;Shari Kamali <SKamali@southmiamifl.gov>;Pepe, Thomas F. <TPepe@southmiamifl.gov> It's advertised at 5:45 AM, but they start at 5 AM. The two videos I sent are before 5:45 AM, and as can be seen, the parking lot is full and the business has obviously been open by that time. My family and I were awoken at approximately 5:13 AM this morning by pounding weights. On May 10, 2022, at 11 :05 AM, Veronica Waisberg <Veronicawaisberg@gmail.com> wrote : 11:03 •• i stunnasfit.com https://outlook.office .com/mail/id/AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAH5HSv1 %2BTdlBlr1WOHC0Wz8 ... 155Appendix Page No. 159 360 6/17/22, 5:01 PM Al l Class s AH i structors 7:00 AM -7:50 AM LEG DAY Stunna's Fit Trainer Mail -Pepe, Thomas F. -Outlook 8 ,r,.. V ••• On Tue, May 10, 2022 at 10:12 AM max couper <maxcou~g m ail.co m > wrote: Another Tuesday, "leg day" and my wife, daughter and I are pounded out of bed starting just after 5 AM. As you can see in these timestamp videos taken from the back and the front of the business, the parking lot is full of patrons -the business is open and running before permitted schedule. This has been reported to the city numerous times, happens all the time, and here is the irrefutable ev i dence of it. The situation is actually just beyond words at this point. A business which has been convicted on numerous violations continues to break the law on a daily basis out in the https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwL Tk0MGEINDE0MS04NTlwLWJjMzQ3N DAyMDhiZQAQAH5HSv1 %2BTdlBlr1 WOHC0WzB ... 156Appendix Page No. 160 361 6/17/22, 5:01 PM Mail -Pepe, Thomas F. -Outlook wide open. Weightlifting is not a permitted activity in the NR zone, and something should be done about this immediately. These shockwaves reverberate the entire house, shaking the foundation and all of the occupants in it. This is serious life-wrecking stuff and has been detrimentally affecting my family's health and well-being for years now. We're not complaining about anything except illegal activity which has been reported for years, cited and convicted, and still continues on a daily basis. Pleading with city officials here, please do something immediately to restore our lives in our homes to back normalcy. Please help us do something now. Typed with thumbs https://outlook.office .com/mail/id/ AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLW JjMzQ3NDAyMDhiZQAQAH5HSv1 %2BT dIBlr1 WOHC0Wz8 ... Jt, 157Appendix Page No. 161 362 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit SCHEDULE -"' MY. Account Class Schedule Jun 17, 2022 -Jun 23, 2022 [ All Classes v ) I All instructors v I 0 Sun O Mon O Tue O Wed O Thu O Fri D Sat 0 Morning D Afternoon D Evening <::< Pre ,jo I '! I ;\jr, -;: x, 2. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fj t Trainer 3. 6 :00 AM - 6 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trai ne r 4. 7 :00 AM - 7 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 5. 8 :00 A M -8 :50 AM UPP ERBODY/BOXING & ABS StLinna's Fi t Trainer 6. 9 :00 AM - 9 :50 AM UP PERBODY/BOXING & ABS Stunna's Fit Train er 7. 10:00 AM -10:50 AM UPPERBODY/BOX ING & ABS Stunna's Fit Traine r 8. 12:00 PM -12 :50 PM https ://www.stunnasfit.com/schedule D Let's Chat! 1/3 158Appendix Page No. 162 363 6/17/22, 5:02 PM SCHEDULE 10. 5:00 PM - 5 :50 PM UPPERBODY/BOXING & ABS S tunna's FitTrainer 11 . Sat. ciune ·18, 2022 12. 7:30 AM -8:00 AM Stretching Stunna's Fit T rajner RSVP 13. 8:00 AM -8:50 AM SATURDAY RISE AND GRIND Stunna's Fit Train er RSVP 14. 9:00 AM -9:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer R SVP 15. 10:00 AM -10:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer Ft SVP 17. 9:00 AM -9:50 AM SAVAGE SUNDAY I • -' . . . EARLY B IRDS Stunna's Fit Trainer 20. 6:00 AM -6:50 AM UPPERBODY/BOXING & ABS Stunna 's Fit Traine r 21. 7:00 AM -7:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trajner 22. 8:00 AM -8:50 AM UPPERBODY/BOXING & ABS Stunna 's Flt Trainer 23. 9:00 AM -9:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 24. 10:00 AM -10:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 25. 12:00 PM -12:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 26. 4:00 PM -4:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 27. 5:00 PM -5:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 28. 6:00 PM -6:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 29. 7:00 PM -7:50 PM UPPERBODY/BOXING & ABS ', --:J-1 . tL 31. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fit Trainer 32. 6:00 AM -6:50 AM LEG DAY Stunna's Fit Trainer 33. 7:00 AM -7:50 AM LEG DAY https://www.stunnasfit.com/schedule SCHEDULE I Stunna's Fit 0 Let's Chat! 159Appendix Page No. 163 364 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit C(J'\;T/.\CT O Let's Chat! https://www.stunnasfit.com/schedule Vanan Online Services 1 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 File Name: 20220620Stunnasmeeting.MP3 Number of Speakers: 5 Length of file: 00:53:26 Audio Category List volume, accent, N/N speakers. N/A Any Comments [e.g. times of recording not needing transcription, etc. e.g., off the record conversation] Verbatim: No Time codes: No N/A Any Problems with Recording [e.g., background noise, static, etc. Unusual Words or Terms: Must be completed [e.g., abbreviations, Company Names, Names of people or places, technical jargon Transcriber VIN: N/A QA/QC VIN Comments 160 VANAN Online S eIVices I Appendix Page No. 164 365 Vanan Online Services 2 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: We are ready whenever you are. Mr Till: Okay, how would you like to begin? City Attorney: I tell you what, why don't I start off and just introduce the exhibits, the notice of hearing the correspondence of the continuances to this date and the special magistrate's orders Judge: So would you like to be sworn in right now? City Attorney: Yes, I think everybody should be sworn in who's going to be testifying as to any exhibit and I since I will, I'll be sworn in and anybody else going to be testifying. Mr Till: We don't plan to have any testimony. City Attorney: Okay. All right. Judge: Okay. So do you swear or affirm? Shall it be the whole thing? City Attorney: Yes. Judge: That the testimony you're about to give is the truth and nothing but the truth. City Attorney: I do. Unidentified Speaker: Okay. City Attorney: All right, this. This is a show cause hearing. A notice to show cause was issued on March 23rd, 2022. It was a letter signed by the city manager. I'd like to introduce that as exhibit one. Do you have a copy? 161 VANAN Online S eIVices Appendix Page No. 165 366 Vanan Online Services 3 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: I do. All right. No objection. Judge: Thank you. City Attorney: Next is Exhibit… City's Exhibit two, which is correspondence concerning resetting the hearing at the end of the settlement negotiations that terminated on February 16th 2022. You need a copy of that? Mr Till: Sure, oh this is the original. City Attorney: Let me give you a copy of the copy. Judge: Thank you sir. City Attorney: Do you have any objection? Mr Till: No objection. City Attorney: Next is the city's exhibit three, which is an email exchange ending in April of 15, 2022, in which the city was advised that the city could set a hearing, set this hearing as continue to any of the dates. June 1st. June 7th, or the 8th. Judge: Thank you. Mr Till: No objection. 162 VANAN Online S eIVices Appendix Page No. 166 367 Vanan Online Services 4 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Next is an email exchange ending on May 18th, 2022, in which the hearing was scheduled for June the first. That's exhibit four, in other words, city picked June 1st. Any objections? Mr Till: No objections. City Attorney: Next is exhibit five and six. An email exchange, setting the record, resetting the hearing at your request, at the defendant's request to June 20th, which is today. Mr Till: No objection. City Attorney: Next is exhibit seven, which is an email from Mrs. Vega to me, dated June 1st, 2022, advising that she was available on June 20th for this hearing. Ms. Vega Do you have any objection? Mrs Vega: No, sir City Attorney: Mr Till? Mr Till: No. City Attorney: Next. I have a composite exhibit which are all of the special magistrate's orders regarding all of the violations listed in the city's exhibit one, which is the March 23, 2022 notice to consolidated and Stunnas Fit ordering them to show cause why Stunnas’ business tax receipts should not be vacated or revoked, Let me just put them there, And let the records reflect that I am supplying copies of these to Mr. Till, Mrs. Vega advised that she has already seen this in an 163 VANAN Online S eIVices Appendix Page No. 167 368 Vanan Online Services 5 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 email in which I submitted to her. Till do you have any objection to them being introduced into evidence as city’s exhibit eight? Mr Till: No objection. City Attorney: Mrs. Vega? Mrs Vega: No objection. City Attorney: And that's the end of my presentation. Mr Till: Okay, can I turn my microphone on? City Attorney: No, I think we can hear you. And you're being recorded, is that recording working? Judge: Yeah. City Attorney: Okay. Mr Till: Hey. Good morning, Kyle Till. For Stunnas Fit LLC and Mrs Vega is here on behalf of the landlord. And of course, Mr. Gabriel Verona is my client representative. Couple of items in objection that we did not want to raise at the outset: number one, the letter that’s titled order show cause that’s dated March 23rd, 2022. I believe that is city exhibit number one purports to quote a section of the city code that permits you, Mr. Kamali, the city manager, to revoke your business license in the event that three or more violations accrue within a certain period of time. 164 VANAN Online S eIVices Appendix Page No. 168 369 Vanan Online Services 6 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 The Code section cited which is 20-3.6 v7. I can't find it; it doesn't appear to exist on Uni code, if I have that wrong, please tell me otherwise. City Attorney: Yes. I'm showing Mr. Till a copy of Ordinance 19-22-24 of nine that was enacted on September the 7th, 2021. Which does have that provision in it, and I would like to introduce that into evidence City's Exhibit nine. I would also like to introduce into evidence the screenshot on that day of Mr. Verona at the meeting on September 7th, 2021, Like the interview that as City Exhibit ten. Mr Till: I also object the basis of …not really sure what this meant imply or what it is meant to indicate, but I don't even know if this was at the time in the agenda when this was being addressed, presumably it is to show that you had notice of the existence of this cooperative. But there's no way to verify that. I'm not sure why it's being introduced. You're [inaudible] that you handed me is a pretty long document. Is there a page number that you can give me that actually has the [inaudible]? City Attorney: Yes, page 13. Let me see… and verification is a provision that starts at the bottom. It's sub paragraph B I think b or h what is that? Judge: It’s B Mr Till: Is there a reason this hasn't been updated in the online iteration of the city's code? City Attorney: It's my understanding that it takes some time, and I did speak with the city clerk and she said she's working on updating the online version. 165 VANAN Online S eIVices Appendix Page No. 169 370 Vanan Online Services 7 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Well, we didn’t submit that, because we were not able to review, and analyse that that code provision in this current iteration of the city's code that our due process rights have been violated for that reason. Assuming that the code of provision is part of the city code at this time for the sake of argument, assuming that we've been provided adequate notice, we object on procedural, substantive grounds to two of the code provisions that are relied on for purposes of this hearing, specifically sections 23-70B and 20-1.7 as for 20-1.7 concerning the storage pods the subjects have been removed from the property. Please note that on Saturday, June 18th, we have filed our notice of appeal of the May 20th orders, which Stunnas was found guilty of violating that section of the city's land development code. So until that challenge works its way through the appellate courts, that order is being contested and cannot be relied on for purposes of today's hearing. That would be premature to our position. As for Section 20-3.6b, as you're aware, the city commission has amended that code provision, and I was aware of that amendment such that it no longer prohibits running outside as a commercial activity, so we would submit that those violations at this time be removed due to the city code amendment. Finally, after reviewing the city's charter, it's clear that it does not empower the city manager to unilaterally decide whether to revoke a business license, Considering that all city officials’ roles and duties are derived and expressed in that critical document, it's our position that the code provision granting the city manager with such power violates the city's charter and affects additional violation of my client's due process rights, Unless my colleagues have anything to add those are our objections to today's proceedings, We request that the city manager rule that Stunnas Fit be permitted to continue operating its business in city south Miami. Thank you. 166 VANAN Online S eIVices Appendix Page No. 170 371 Vanan Online Services 8 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mrs Vega: Only thing. The only other thing I would add is that on inequity analysis, there are no current violations on the property. Therefore, we would request that the business be permitted to continue to operate and the denial of revocation of the business license. City Attorney: Anything further from that? Judge: That’s it, any further? City Attorney: City would call Mr. Verona? Mr Verona: Yeah City Attorney: I am calling you to testify, Mr. Verona, did you swear him in? Judge: Yes. Mr Till: I will just object on the record just because we didn't have any notice, any witness list or anything, any advance notice that anyone is call. City Attorney: This is rebuttal. Go ahead Judge: Okay. Let me swear him in. Do you swear or affirm that the testimony you're about to give is the truth and nothing but the truth? Mr Verona: I do yes. City Attorney: Mr. Verona, when this ordinance was amended on September the 7th, 2021, were you present at that time? 167 VANAN Online S eIVices Appendix Page No. 171 372 Vanan Online Services 9 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Verona: I remember. City Attorney: Pardon me? Mr Verona: I remember; I know what we are talking about. City Attorney: Say what's been heard? Mr Verona: I have that picture in front of me. City Attorney: Pardon me? Mr Verona: I have that picture in front of me. City Attorney: Oh, you do? All right. Is that you? Mr Verona : Yes. City Attorney: And what is the day? Mr Verona: On this paper? City Attorney: Yes. Mr Verona: It's 9-7-21. City Attorney: I'm going to show you the graphics recording of the September 7th meeting. [Plays recording] Mr Till: Let the records reflect it’s 9:47 pm. [Recording continues playing] 168 VANAN Online S eIVices Appendix Page No. 172 373 Vanan Online Services 10 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: Mr City Attorney, are you on the guest Wi-Fi? City Attorney: I'm using city Wi-Fi. Judge: Guest? City Attorney: Yeah [Recording continues playing] Mr Till: Are we going to watch this whole thing? Are we watching the whole video because we’re going to stay here the whole night? City Attorney: Well, if you need to because it's going to get to testimony called testimony or comments. Mr Till: Okay, then why don’t you just fast forward because of now we're going to watch the video. City Attorney: Alright, I just wanted to be sure that’s fine. Mr Till: They're looking for a very difficult comment. City Attorney: Do you remember the time? Mr Till: Maybe 7:52 p.m. let the record reflect the discussion about this amendment occurred between 9:46 and 9:53, 2 hours after Mr. Rona spoke at the meeting. [Recording continues playing] Mr Till: You are looking for [inaudible?] 169 VANAN Online S eIVices Appendix Page No. 173 374 Vanan Online Services 11 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Yeah. Mr Till: It’s got to be 2 hours, 2 hours before the start of the meeting. 7:52. For purposes of a transcript, would you stipulate to removing this different segment of the meeting that we're hearing that are relevant to the agenda item That's an issue. Judge: Sure Mr City Attorney: Sure Judge: City Attorney, is it possible it was part of public comments? City Attorney: Yeah, that's possible. Here you go. Mr Till: Should we go over the three minutes? [recording playing] Yeah, we'll stipulate that's you, right? Mr Verona : That's me. Mr Till: And this is. 7:52 pm,? Mr Verona: Yeah Mr Till: 2 hours before the agenda item was discussed. Mr Verona : Okay 170 VANAN Online S eIVices Appendix Page No. 174 375 Vanan Online Services 12 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Well, I want to play and I want to introduce where he actually said that he was there about this… about the item that has passed concerning outside activity 20-3.6. sub paragraphs of B, you stipulate that fact? Mr Verona: No, I don't… I've been there a hundred times I don’t even know what specific, I said I spoke facts there, so. City Attorney: Alright, this is the beginning of the video which Mr. Verona gives his comment [recording plays]. Mr Till: No, you’ve got to go forward. [Recording plays] It's like he was wrapping it up, was there a lot more? City Attorney: No, [inaudible] we are going to have to take that for as well and introduce as well. Mr Till: I didn't hear anything that discusses city managers’ rights, revoking business licenses, anything that would indicate that he's aware of that particular amendment. Judge: Anything else, Mr. City attorney? City Attorney: Yes, I'd like to introduce his rebuttal evidence to the comment that Mrs. Vega made that, no, that there have been no other violations. I'd like to introduce a complete affidavit submitted by Mr. Melian on 6-17-2022 concerning a violation on December 24th, 2021 of outside activity at the gym. 171 VANAN Online S eIVices Appendix Page No. 175 376 Vanan Online Services 13 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Objections haven't been heard by Special Magistrate; it hasn’t been adjudicated. We haven't gotten notice of a hearing or anything related to this affidavit or its purported violations, objected to its inclusion as an exhibit. City Attorney: I would like to introduce it as the next city exhibit. I think that might be 11. Mr Till: In a symbolic image. Can we get confirmation of whether or not we want to admit these documents as evidence? Judge: I really have to go and look at these videos. I need to review exactly with his signed affidavit, and then I can respond to you. At this point, I really don't recall specifics videos that this relates to the issue. City Attorney: And I'd like to introduce the videos that are referred to in the complaint affidavit I just introduced. Mr Till: And the same objection. City Attorney: Is exhibit 11. Mr Till: Same objections. Judge: This is from December? City Attorney: December 24th. Judge: 9:44 a.m. Correct? 172 VANAN Online S eIVices Appendix Page No. 176 377 Vanan Online Services 14 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: That began at 9:44 yes. Judge: Is that the only one? City Attorney: Yes, there's another one, this is at 9:45, same day, Judge: Okay. City Attorney: Then the third one at 9:47, same date, December 24th, 2021. Mr Till: Same objection hasn't been noticed. It hasn't been adjudicated. Assuming that this code provision that you've discussed today is active and enforceable in the city of South Miami, it talks about three violations of this subsection, that those claims that have been heard happen to be a violation, I’m going to strike this from the record. City Attorney: And I moved to introduce these three videos into evidence as rebuttal to the comment that there were no further violations after the violations referred to in the March 23rd, 2022 notice to show cause by the business license of Stunnas should not be revoked. Mrs Vega: I would also object that none of these videos were provided before this hearing we received. I specifically asked Mr. Baker to provide everything that was going to be heard at the hearing and to provide copies of every violation, every notice for that same reason. We did not receive copies of any of these videos that are being shown today as a basis or as additional evidence that's being presented, There's been no notice. We haven't had the opportunity to review this rebuttal it, address it, It would be improper to use it as evidence in support of this hearing. 173 VANAN Online S eIVices Appendix Page No. 177 378 Vanan Online Services 15 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is rebuttal evidence. Mr Till: same objection. City Attorney: I would also like to introduce evidence that the business has been operating at a time earlier than allowed by its business tax receipts. Judge: Mr. City Attorney, just to confirm, So they never got a notice of that video from December 24th? Correct. City Attorney: Oh, I believe they did. I believe that they got a copy of the video. I'll have to double check that. I believe that they got a copy of it at the time and that we notified them that we were not going to continue settlement negotiations. Mr Till: I also asked. Mrs Vega: No, we're going to need clarification. We're going to need certain evidence as to when that was provided. It was not provided, and it certainly wasn't provided prior to this hearing when we requested twice that all evidence that was going to be heard at this hearing be provided to us. So when prior to this hearing, when we reviewed the exhibits that were introduced at the commencement of the hearing, we both agreed and didn't object to the entry of that evidence because it was adequately provided and reviewed by all of this. Additional evidence was never sent, not via email, not via mail, and has never been presented. So it would be improper evidence even at rebuttal, it would be improper evidence to use as a basis for the revocation, which is an extreme remedy that seeks to terminate the business license of Stunnas Fit. 174 VANAN Online S eIVices Appendix Page No. 178 379 Vanan Online Services 16 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is again Mr Till: same objection. City Attorney: …This again is rebuttal. We were never advised that Stunnas Fit or consolidated was going to claim that they have not violated the city's code since the March 23rd 2022 Notice to show cause we served on them So this is to show that that's not true. Mr Till: Where are the court citations that were issued for these purported violations where the orders of these reported violations? City Attorney:And then this,, Mr Till: the reported violations… City Attorney: Well, operating outside the business, you know, you've already gotten, I don't know, numerous citations for that. You've gotten courtesy notices at the very beginning telling you can't do that, and you've got several special magistrate orders that found you in violation for operating outside the business So, you know, you can't operate outside the business showing that you continue to operate outside the business, You continued to violate the code in numerous other ways. Contrary to the statements that have just been made for the first time, that Stunnas Fit is, has been complying with the code next, I would like to introduce. Mr Till: You are asking that these purported code violation charges be heard now, today? City Attorney: No, no I'm just rebutting what was said by Mrs. Vega. Next… 175 VANAN Online S eIVices Appendix Page No. 179 380 Vanan Online Services 17 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: And you want Mr. Walton, manager to rely on this as evidence? City Attorney: She's not going to… Mr Till: As evidence for revoking the business licence? City Attorney: It is as evidence in rebuttal of the statements made by Ms. Vega that there have been no further violations. Mr Till: Okay. City Attorney: Next. exhibit will be a courtesy notice of infraction. Number 21-00181. Judge: I'm sorry 21-00? City Attorney: 181, Advising, consolidated and Stunnas Fit that they have to stop operating the business before 6 am. Judge: And the date on this? City Attorney: What exhibit will that be 12? Judge: No, date, that is exhibit 11. City Attorney: It was, the date of the violation was March 30th 2021, the date of the issuance was May 21, 2021, [inaudible] and the timing, That particular one concerned the service, Mr. Verona which he refused to accept the citation. And then the next exhibit Judge:12? 176 VANAN Online S eIVices Appendix Page No. 180 381 Vanan Online Services 18 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: is the same courtesy notice but issued to Mr. Miller and consolidated. As next exhibit I'd like to introduce. The Business License of Stunnas Fit for 2021, which shows restricted hours 6 a.m. to 7 p.m. on the next exhibit.,,, next exhibit is a complaint from Mr. Max Cooper concerning operating earlier than 6 am, actually as early as 5:13 am. Mr Till: Same objection. City Attorney: The next exhibit is a printout from Stunnas Fit website showing that he is advertising for Stunnas fit trainer activity at 5:45 a. to 6 am. Mr Till: Same objection strike from records. City Attorney: Then, that's the end of my rebuttal evidence. Thank you. Mr Till: City’s exhibit number one, the March 23, 2022 order to show cause letter from Mr Kamali to this business owner and his property owner cites three code provisions expressly Section 20-3.6B, section15-821 and Section 20-1.7. That's it. That is all that is cited. That is all that my client had notice of and that is all that we're here today to discuss. And that is all under the law and under principles and due process that Mr Kamali can considered when weighing whether or not to revoke Stannas’s business license that’s it. I move to strike all the other documents, videos, everything else that was put before you and restricted for the record as a violation of due process and is utterly irrelevant to these proceedings, thank you. Mrs Vega: I would just add that the list of violations are also on exhibit one on page two of the list of violations are listed by date. And that's what we’ve received in anticipation of this 177 VANAN Online S eIVices Appendix Page No. 181 382 Vanan Online Services 19 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 hearing. with each violation with specific dates, all of the additional rebuttal evidence that was presented is not listed on the letter , Again, there was no notice, none of the violations or notices for that matter were provided, And to the extent that there have been that they are deemed complaints, there has been no finding of fact or a law that deems that those complaints are actual violations. So to the extent that the city is going to use it as evidence, it would not be proper evidence because, again, there's been no findings, there's been no hearing, there's been no order on those complaints, So we would move to strike it and request that the revocation of the business license be denied and permit the business to continue operating. Judge: Anything else? City Attorney: Nothing further from the city. Judge: Anything? I'm going to look at the evidence. I'm going to go back and look at my letter. I'm going to go back and read the charter to make sure what authority do I have and I will respond in writing within ten business days, is that okay? Mr Till: Thank you. Mrs Vega: Thank you. City Attorney: Just make sure you have all the exhibits. Judge: I do, I do, I put them in order. City Attorney: Okay. 178 VANAN Online S eIVices Appendix Page No. 182 383 Vanan Online Services 20 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge :So here, Yes, everything is here City Attorney: Cause there going to.. 179 VANAN Online S eIVices Appendix Page No. 183 384 EXHIBIT 2 Appendix Page No. 184 385 1 CITY COMMISSION MEETING 2 ________________________________________/ 3 DATE: AUGUST 16, 2022 4 PLACE: CITY HALL 5 6130 SUNSET DRIVE 6 SOUTH MIAMI, FLORIDA 33143 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appendix Page No. 185 386 230508 City Commission Meeting 08-16-2022 Page 2 1 APPERANCES 2 3 ON BEHALF OF THE CITY SOUTH MIAMI, MAYOR, AND COUNCIL: 4 Sally, Philips, Mayor 5 Luis Gil, Commissioner, Group I 6 Josh Liebman, Commissioner Group II 7 Brian Corey, Commissioner Group III 8 Walter Harris, Commissioner Group IV 9 City Hall 10 6130 Sunset Drive. 11 South Miami, Florida 33143 12 Telephone No.: (305) 663-6340 13 Facsimile No.: (305) 663-6348 14 E-mail: Sphilips@southmiamifl.gov 15 lgil@southmiamifl.gov 16 JLiebman@southmiamifl.gov 17 BCorey@southmiamifl.gov 18 WHarris@southmiamifl.gov 19 20 Also Present: 21 Thomas Pepe, city attorney 22 Diallo Bryan, Commission aide 23 Kyle Teal, representative of Stunna FIT, LLC 24 Shari Kamali, city manager. 25 Appendix Page No. 186 387 230508 City Commission Meeting 08-16-2022 Page 3 1 MS. PHILIPS: City Attorney, sir? 2 MR. PEPE: Yes. I just wanted to clarify item 3 12, which was scheduled at the request of Stunna's 4 FIT. It's an appeal based upon a decision of the 5 city manager to give Stunna's FIT one last chance. 6 There will be no new evidence presented today or 7 tonight. It will be based upon the evidence that 8 was presented at the hearing before the city manager 9 on June 20, 2022. Stunna's FIT will be given an 10 opportunity to present legal arguments. 11 MS. PHILIPS: Thank you. 12 MR. PEPE: Thank you. 13 MS. PHILIPS: Thank you. 14 MR. LIEBMAN: Madam Mayor? 15 MS. PHILIPS: Yes, sir? 16 MR. LIEBMAN: I'd like to ask the city attorney 17 question. 18 MS. PHILIPS: Sure. 19 MR. LIEBMAN: Mr. City Attorney, I'd just like 20 to expand on that. A lot of people in the audience 21 with us, at home on -- on Zoom. One more chance 22 for? 23 MR. PEPE: A chance to not violate the city's 24 code as it has done in the past. In other words, 25 the city manager withheld adjudication. But if Appendix Page No. 187 388 230508 City Commission Meeting 08-16-2022 Page 4 1 Stunna's FIT committed any more violations, then 2 action will be taken. 3 MS. PHILIPS: Is that all right? 4 MR. LIEBMAN: (No verbal response.) 5 MS. PHLLIPS: Okay. It's time now for public 6 remarks, and I know there are a lot of people here, 7 and the -- we're limited to an hour. So all though 8 it says three minutes, I may ask if you -- if some 9 people have all the same basic thing to say, to have 10 a few people say it, and maybe the rest of you just 11 let us know that. It is important, as the city 12 attorney just said, no new evidence, no new claims 13 should be here. This is just a -- we are just 14 talking about whether or not we uphold or don't 15 uphold the city manager's decision. So if -- if 16 someone starts to say more than what had happened -- 17 what happened -- has happened since June 22nd, I 18 will interrupt, and I will ask him or her to sit 19 down. Now, right now, I have two people who have 20 signed up to speak, and those are the only two 21 people that theoretically I should be calling. There 22 was a sign-up sheet on the back, and the only two 23 people I have here are Diallo Bryan - Bryan. Would 24 you like to speak first? 25 MR. BRYAN: Good evening. I will not be Appendix Page No. 188 389 230508 City Commission Meeting 08-16-2022 Page 5 1 talking about the issues you had just mentioned. 2 I'm really just here to introduce myself. My name, 3 once again, is Diallo Bryan. I am a commission aide 4 at the office of Commissioner Raquel Regalado, 5 District Seven. And as I mentioned, I just wanted to 6 take this opportunity to introduce myself to the 7 South Miami community at large. You know, my goal 8 is really to -- to be a liaison between our office 9 and the entire South Miami community. With that in 10 mind, I personally would love to hear from and meet 11 as many people as possible, including businesses, 12 and organizations, and hear your thoughts and ideas 13 for the community, any issues that might be 14 affecting the community, and ways that we at our 15 office might be able to help. If any events are 16 happening or planning to happen, we'd love to try to 17 support those events if possible, and/or partner 18 with individuals, businesses, and organizations to 19 support these endeavors if possible. If anyone 20 would like to contact me, please e-mail me. My e- 21 mail address is B is in boy, R-Y-A-N.D-I-A-L-L- 22 O@miamidade.gov. That is 23 bryan.diallo@miamidade.gov. Once again B as in boy, 24 R- Y-A-N.D as in David, I-A-L-L-O@miamidade.gov. Or 25 I can be reached at our office at (305) 375-5732. Appendix Page No. 189 390 230508 City Commission Meeting 08-16-2022 Page 6 1 And once again, we'd love to hear from any and all 2 folks regarding any type of issues or way we can 3 support the South Miami community. Thank you very 4 much for this opportunity. 5 MS. PHILIPS: Thank you. Kyle Teal is next. 6 Mr. Teal, if you're going to be speaking and 7 presenting on item 12, why don't you wait until 8 then? 9 MR. TEAL: I'll do that. 10 MS. PHILIPS: Okay. This is -- this is for 11 public comments on whatever the -- 12 MR. TEAL: I asked that it can be bumped up, 13 even then -- that would be -- 14 MS. PHILIPS: Okay. 15 MR. TEAL: Thank you. 16 MS. PHILIPS: You're welcome. Okay. It's now 17 time for commission reports and discussion, does 18 anybody want to talk? Yes? 19 UNIDENTIFIED MALE SPEAKER: If I may just for a 20 second. I don't want to tow any cars. There are 21 two cars that are illegally parked when we park our 22 vehicles, not our vehicle, but the ones that were 23 around when they do the free city shuttles. It's 24 like a white Kia Soul -- 25 MS. PHILIPS: The freebies. Appendix Page No. 190 391 230508 City Commission Meeting 08-16-2022 Page 7 1 UNIDENTIFIED SPEAKER: -- sitting -- 2 MR. HARRIS:Sally? 3 MS. PHILIPS:Huh? 4 MR. HARRIS:You want to move number 12 to 5 number one? 6 MS. PHILIPS:You want to make a motion? 7 MR. HARRIS:Huh? 8 MS. PHILIPS:Make a motion. 9 MR. HARRIS:Okay. 10 MS. PHILIPS:But let's wait. This is time for 11 commission remarks, does anybody on the dais want to 12 have something to say? Hearing none, I will -- I 13 just have a couple of things I'd like to say. I 14 want to congratulate our Assistant Chief Nanney for 15 getting an award on July 10th. I know it's a little 16 bit late, but I had to see it in a -- in a magazine 17 before -- in order to know about it. He got a 18 community law enforcement award from the Miami-Dade 19 chapter of Parents of Murdered Children for his work 20 trying to protect children. And they -- they were 21 very pleased and happy to be able to give that award 22 to him and said lots of nice things about him. 23 There's going to be a Hometown Heroes parade on 24 Sunday, October 22nd, and it's a parade of all kinds 25 of, what would you call it, floats, and cars. And Appendix Page No. 191 392 230508 City Commission Meeting 08-16-2022 Page 8 1 they're wondering if South Miami would like to be 2 part of that, and I'm hoping that the people in 3 South Miami might come up with some ideas about what 4 kind of float or what kind of banner we should put 5 on a car to have a place in that parade. Let me 6 know. The Hometown Heroes stands for the first 7 responders and for health care providers. So since 8 there's no more people on the dais who would like to 9 speak -- 10 MR. HARRIS: No -- 11 MS. PHILIPS: -- we're -- 12 MR. HARRIS: -- I'd like to. I'd like to say 13 something. 14 MS. PHILIPS: Okay, Walter. 15 MR. HARRIS: I would like to move item 12, 16 which is -- 17 MS. PHILIPS: It's not -- you're out of order. 18 MR. HARRIS: Huh? 19 MS. PHILIPS: You're out of the order. 20 MR. HARRIS: I'd like to do it number one 21 first, so that great majority of you can get about 22 your life. So if that's okay, I'd like to move 23 number 12 to number one. 24 MS. PHILIPS: Is there a second? 25 MR. LIEBMAN: Second. Appendix Page No. 192 393 230508 City Commission Meeting 08-16-2022 Page 9 1 MS. PHILIPS: Thank you. All those in favor 2 say aye. 3 ALL: Aye. Aye. 4 MS. PHILIPS: Anybody opposed? All right. We 5 will now move to item number 12. Madam Clerk, would 6 you read that please? 7 CLERK: Yes. Just a minute. Item 12. 8 MR. LIEBMAN: Sorry. Do we have to vote on it? 9 We took a second, but should we vote? 10 MS. PHILIPS: We voted already. 11 MR. HARRIS: We did. We did. 12 MS. PHILIPS: I asked people to say aye, and 13 there were a lot of ayes. Is there anybody want to 14 say nay? Okay. Go ahead, Madam Clerk, I'm sorry. 15 CLERK: Item 12, "A resolution relating to the 16 appeal filed by Stunna's FIT, LLC from a decision of 17 the city manager regarding order to show cause why 18 the business tax receipt of the company should not 19 be revoked." 20 MR. HARRIS: I -- 21 MS. PHILIPS: We have -- 22 MR. HARRIS: I move this resolution be adopted 23 and sign the next number by the city clerk. 24 MR. GIL: Second. 25 MS. PHILIPS: Okay. We will ask mister -- we Appendix Page No. 193 394 230508 City Commission Meeting 08-16-2022 Page 10 1 would like one person from Stunna's FIT to explain 2 what's going on. Mr. Teal? 3 MR. TEAL: Thank you, Madam Mayor and 4 commissioners. Thanks for having us tonight. Just 5 for point of clarification, the folks who showed up 6 tonight, they'll have an opportunity to speak their 7 mind as well? 8 MS. PHILIPS: I gave them -- they had time 9 during the public hearing -- the public remarks and 10 nobody signed up. 11 MR. TEAL: So they won't be able to actually -- 12 MS. PHILIPS: No. 13 MR. TEAL: -- provide public comment? 14 MS. PHILIPS: No, they had -- 15 MR. TEAL: There's a reason that they're all -- 16 MS. PHILIPS: -- they had a chance. They had a 17 chance. 18 MR. TEAL: They had a chance to sign the paper? 19 MS. PHILIPS: Yeah. 20 UNIDENTIFIED FEMALE SPEAKER: Where? 21 MR. TEAL: Well, I would object on the basis 22 that they all came out to show support, and that 23 they should be able to give their opinion. 24 MS. PHILIPS: Yes, they had a chance. Okay. 25 Are you going to talk about what it is that you're Appendix Page No. 194 395 230508 City Commission Meeting 08-16-2022 Page 11 1 appealing? 2 MR. TEAL: Yes, ma'am. Good evening, I'm Kyle 3 Teal, I represent Stunna's FIT, LLC, the local 4 business -- 5 MS. PHILIPS: Don't -- don't time this. 6 MR. TEAL: Thank you. Operating at 6600 7 Southwest 67th Avenue. Of course, our client 8 representative, Mr. Gabriel Varona, is here in the 9 back of the room as well. Let me state that the 10 outset that our appeal should not be construed as 11 criticism in any way of your very capable city 12 manager, who I know to be, in a general sense, very 13 fair minded and a pleasure to work with, but there 14 are many problems with her June 29th letter, and 15 that's why we're here tonight. I don't think it's 16 fair, frankly, to leave a very legally intensive 17 critical decision in her hands alone such as this. 18 And your city manager is an expert, of course, on 19 many things. Many, many things, no doubt, but 20 principles of due process under the Constitution, 21 and the legal interpretation of the city's ever- 22 changing code, is not within the wheelhouse here. I 23 think that she didn't -- meant it's not within that 24 skill set. And for purposes of this decision, it's 25 appropriate to have this go beyond the head Appendix Page No. 195 396 230508 City Commission Meeting 08-16-2022 Page 12 1 administrator of your city, so that we can discuss 2 what the June 29th letter says, and the implications 3 on one of your local businesses here in the City of 4 South Miami. That is why we're here tonight. Our 5 primary gripe with the city's decision is that it 6 does effectively revoke Stunna's FIT's business 7 license. And it might not do that right at the 8 outset. It might not do that by direct revocation. 9 But how it does it is it says you have to pay all 10 the pending city code violation fines, or else we 11 will not renew your business tax receipt 12 constructively, effectively revoking the business 13 license of this local business. Because, for 14 example, one of those very code citations is being 15 appealed currently in the circuit court. Until that 16 works its way through the appellate process, it's 17 premature to base any sort of decision on a 18 revocation on a -- of a business license on that 19 city code violation. We received an e-mail, just to 20 raise a quick objection at the outset, today at 2:41 21 p.m. from your city clerk, Ms. Payne, with various 22 exhibits, three videos taken from the same morning. 23 We object, for the record, to the city's late 24 introduction of those materials. It's a violation 25 of my client's due process rights, and that we've Appendix Page No. 196 397 230508 City Commission Meeting 08-16-2022 Page 13 1 not had sufficient notice and reasonable opportunity 2 to be heard with respect to those materials. 3 Further, the materials provided are not relevant to 4 the narrow issues that concern these proceedings. 5 They concern reported code violations that Stunna's 6 FIT hasn't been cited for. 7 MS. PHILIPS: Yes, we were not talking about 8 any material that happened after the June 22nd. So 9 whether or not the clerk sent it to you does not 10 mean we're acting on that. 11 MR. TEAL: Well, I was -- I was sent -- 12 respectfully, Madam Mayor, I was sent that e-mail 13 understanding that that wouldn't be what was relied 14 upon when the city presents its case in this appeal. 15 If that's not the case, then I stand corrected. 16 However, Ms. Kamali's June 29th letter does rely 17 expressly on purported evidence of violations of 18 Stunna's FIT's hourly limitations. It opens at 6:00 19 a.m., the purported evidence that it was open before 20 then was introduced at the June 20th hearing before 21 the city manager. It was -- it was -- it was 22 mentioned in your letter, Ms. Kamali, and it was 23 relied upon. That's what we're -- that's the type 24 of materials we received today from the city clerk. 25 And so, I'm raising the objection, again, as I did Appendix Page No. 197 398 230508 City Commission Meeting 08-16-2022 Page 14 1 in June -- at the June 20th hearing, to make sure 2 it's preserved for the record. We also objected the 3 grounds the city had violated its own code in bring 4 -- bringing these proceedings under Section 20- 5 3.6(v). And I'm looking I did receive the packet at 6 2:41 today, but if you all received it as well, it 7 appears to be the city's exhibits. And those 8 exhibits were supposed to be used for today's 9 proceedings is my understanding. And in pages 32 10 and 33 of the packet that I received from the city 11 clerk, it quotes the pertinent code sections, 12 because you can't find it on Municode. I've tried 13 many times, it's not there. The code has not been 14 updated on the website, and you can't find the 15 current iteration of the code. I did raise that 16 objection at the June 20th hearing, and the city 17 said that they would -- they would update it. I 18 haven't seen it updated since, but we -- I raised 19 that because we have had a chance to have a look 20 closely at that city code revision, and we see that 21 there's a lot of problems here that need to be 22 addressed during this appeal. So if you look at 23 pages 132 to 133, which presumably the commissioners 24 have, it states that this is subsection 7 of 20-3.6 25 subsection(v). So it says, "A business Appendix Page No. 198 399 230508 City Commission Meeting 08-16-2022 Page 15 1 license/business tax receipt (BTR) or a permit to 2 operate outside of a structure may be revoked or 3 suspended by the city manager." And it goes to 4 subsection B. If you jump down, that's on page 133. 5 "Revocation, the city manager may revoke the BTR or 6 permit after a hearing if there have been three or 7 more violations of this subsection v within any 190- 8 day period of time." This subsection v. So because 9 this code provision at our June 20th hearing did not 10 exist on Municode, as I said, we didn't have the 11 time to really digest what this says. But now we 12 have, and there are three undeniable facts that I 13 think make this case very simple if the commission 14 is willing to hear me out on this. Number one, the 15 city's basis for threatening to kill this business, 16 Stunna's FIT, is based on violations which were 17 issued under three code provisions. That's under 18 your land development code here, section 20-1.7. 19 That one deals with the temporary storage 20 containers, which we are currently appealing before 21 the circuit court. There was an allegation that 22 those containers, those pods should have been 23 permitted there if we wanted to maintain them 24 permanently on the property. We had to affix them 25 to the property. That was the argument. And I have Appendix Page No. 199 400 230508 City Commission Meeting 08-16-2022 Page 16 1 some filings to share with you. I had all the 2 appendixes printed out as well, but there were -- 3 there was too many trees, so I have just the Motion 4 to Stay in that circuit court appeal that I can 5 share with the commission if you're so inclined to 6 see that. The -- the motion to stay the enforcement 7 of the code violation regarding the storage -- the 8 storage pots. So there's also -- that was section 9 20-1.7. Section -- section 15- 82, that one dealt 10 with the fact that Stunna's FIT was running a truck 11 on the parking lot for a period of time on the 12 property. And then there was section 20-3.6(v), 13 which I think you're all quite familiar with. It 14 dealt with people who were jogging outside on public 15 property, many of them here tonight, I think. That 16 was deemed to be a "Prohibited outdoor commercial 17 activity," until this commission, I think, made the 18 right call, and amended its code of ordinances to 19 expressly allow for that commercial activity 20 outside. So as you can see, there is only one 21 purported set of code violations that even applies 22 to the code provision that brings us here tonight. 23 That's the jogging outside violation. That code 24 provision doesn't exist anymore. It's not in your 25 books. You cannot continue to prosecute a code Appendix Page No. 200 401 230508 City Commission Meeting 08-16-2022 Page 17 1 violation that's not in your code anymore. And 2 that's what you're doing if you revoke the business 3 license of Stunna's FIT. The other two, section 20- 4 1.7, section 15-82, they do not appear in subsection 5 v of 20-3.6. And in order to have the authority to 6 actually revoke a business license as a city 7 manager, as a city commission, as a city of a whole, 8 you have to have three consecutive violations under 9 that subsection within a 90-day period. You don't 10 have it. So for those reasons, this cannot stand, 11 and, you know, we respectfully ask -- before I 12 continue to drone on about the other deficiencies 13 here and other arguments that I have, if the 14 commission is inclined to make a Motion to Dismiss 15 this, I would -- I would respectfully encourage 16 that. 17 MR. LIEBMAN: Madam Mayor? 18 MS. PHILIPS: Yes, sir. 19 MR. LIEBMAN: Thank you. May I ask a series of 20 questions? 21 MS. PHILIPS: Yeah. 22 MR. LIEBMAN: Okay. Thank you. The first 23 question is item number 12 is listed under P 24 "Resolutions, Public Hearing." So that's how it was 25 advertised, but now we're saying that there's no Appendix Page No. 201 402 230508 City Commission Meeting 08-16-2022 Page 18 1 public hearing? 2 MR. PEPE: Well, this is a public hearing. 3 We're giving him opportunities to speak and make his 4 argument. It doesn't mean that people can speak. 5 This is an appeal, and there's no new evidence that 6 can be presented. So it's an argument. He's the 7 representative that's making the argument for 8 Stunna's FIT. If they wanted to assign one of the 9 other members in the audience to be the 10 representative and to make their argument, they 11 could have, but they've decided that Mr. Teal was 12 the best one, and so he's here to make their 13 argument. This is just an appeal. It's just an 14 opportunity to give legal arguments as to the 15 evidence that was presented to the city manager on 16 June 20, 2022. 17 MR. LIEBMAN: Okay. 18 MR. TEAL: If I may kindly request, how much 19 time am I allotted for my argument? 20 MS. PHILIPS: As much as you need. 21 MR. TEAL: So then I would defer some of their 22 time the people who come here tonight. 23 MR. HARRIS: I don't know if I can -- 24 MS. PHILIPS: I beg your pardon? 25 MR. TEAL: So I would defer some of that time Appendix Page No. 202 403 230508 City Commission Meeting 08-16-2022 Page 19 1 to the folks who came here tonight. 2 MS. PHILIPS: No, I -- no, you have as much 3 time as you need. 4 MR. TEAL: Well, I, respectfully, would 5 rather -- 6 MS. PHILIPS: Are you finished? 7 MR. TEAL: -- hear from the people who would -- 8 who would -- actually go there every day and the 9 patrons who -- 10 MS. PHILIPS: Do they know about the evidence 11 that you are presenting? You present the evidence. 12 You've heard from our -- you know what this is 13 about. If you -- if you don't want to continue and 14 you're finished with your argument, then sit down, 15 and we'll discuss it. 16 MR. TEAL: I'm not finished. 17 MS. PHILIPS: Okay, good. Go ahead. 18 MR. TEAL: To Commissioner Liebman's point, 19 this is a public hearing. The public has come out. 20 MS. PHILIPS: It is not a public hearing. It's 21 a quasi-judicial hearing, and it is not a public 22 hearing. 23 MR. TEAL: It is a resolution on your agenda. 24 MS. PHILIPS: That's right. 25 MR. TEAL: And as I understand, it the citizens Appendix Page No. 203 404 230508 City Commission Meeting 08-16-2022 Page 20 1 and the people who've come -- 2 MS. PHILIPS: It's an appeal on our agenda that 3 someone has titled a resolution. 4 MR. TEAL: So it was missed -- 5 MS. PHILIPS: This is an appeal. Are you 6 making an appeal or not? 7 MR. TEAL: This is an appeal. 8 MS. PHILIPS: Well, go ahead, continue. 9 MR. LIEBMAN: I should -- yeah, I -- I'd -- I'd 10 like to continue if that's okay. So I would just 11 like some clarification for the public and the 12 audience. Again, it says resolution public hearing. 13 I heard you, Mr. City Attorney, but in my over ten 14 years, this is a first, right? This is the first 15 time we have an appeal coming before the commission, 16 certainly of this nature, and maybe this is the way 17 it's handled. But we have a total of four items 18 under public hearings, and I know every other time 19 we had a public hearing in the past, anyone in the 20 public can speak to these items, and they can say, 21 you know, what they want within, right, reason up to 22 the time allotted. So even though this is titled 23 under public hearing, this is handled differently. 24 MR. HARRIS: It is because it's an appeal. 25 MR. LIEBMAN: Okay. And then another question. Appendix Page No. 204 405 230508 City Commission Meeting 08-16-2022 Page 21 1 So if the commission would be so inclined, we don't 2 need to hear from every single person, and certainly 3 not for three minutes, and we don't need redundancy. 4 But there are a lot of people that took the time to 5 come this evening, and I think it's only fair if we 6 hear from them. I know that Madam Mayor, there is a 7 sign in sheet. I know you did announce it. But a 8 lot of people are here for the first time. This 9 process may be intimidating. If not -- if it's -- 10 even if it's not, there's a protocol that a lot of 11 people aren't familiar with. I think it's only fair 12 -- fair. That's her job, to listen to the public, 13 to at least hear from some people, and especially 14 relative to time, there were no public comments. So 15 there -- we still have time to do that. Mr. City 16 Attorney, Madam City Manager, I'm certainly not an 17 expert in this regard, but considering that -- that 18 our code has not been updated since -- I'd like to 19 timeframe. When was this code passed? A couple 20 years ago? A year-and-a-half ago? I just want to 21 refresh my memory. My chronograph is off because of 22 COVID, but -- not having COVID, but just sort of 23 lost a couple of years there. When was this passed, 24 and why has it never been updated on our website, 25 and does that impact the enforcement of this -- of Appendix Page No. 205 406 230508 City Commission Meeting 08-16-2022 Page 22 1 this item at all? And then a couple other questions, 2 so -- 3 MS. PHILIPS: One a time, why don't you. 4 MR. LIEBMAN: Okay. Thank you. That's the 5 first question. 6 MS. PHILIPS: Because -- now, who are you 7 addressing the question to? 8 MR. LIEBMAN: To the city attorney. 9 MS. PHILIPS: Okay. 10 MR. PEPE: Yes. It was passed on September the 11 7th, 2021. It was then up to the city clerk to get 12 it into the Municode. And with regard to the 13 matter, it is -- since it was passed, it was enacted 14 on September the 7th, 2022, it's one -- it's a 15 ordinance that applies to everyone as of that date. 16 And just to make a note that Mr. Varona was here on 17 that night on September 7, 2022, and he addressed -- 18 MS. PHILIPS: It was 2021. 19 MR. PEPE: 2021. I'm sorry. 20 MS. PHILIPS: Yeah. 21 MR. PEPE: And he addressed the commission. And 22 all though he didn't specifically address item 19, 23 which was the item in question, he did say that he 24 appreciated the support of the other people who 25 spoke on his behalf. One of the members of the Appendix Page No. 206 407 230508 City Commission Meeting 08-16-2022 Page 23 1 public who spoke on his behalf specifically referred 2 to item 19, and claimed, unfoundedly, that it was 3 some kind of targeting of Stunna's FIT, and it 4 clearly was not. But it was clear that Mr. Varona 5 knew exactly what was happening on that night that 6 this ordinance was being enacted. So he's on 7 notice. 8 MR. LIEBMAN: Okay. So -- and correct me if 9 I'm wrong. I'm just going to paraphrase. The night 10 it passed, was signed by the mayor. It went into 11 effect either immediately or the following morning. 12 It's just a household item that it was never updated 13 in 11 -- 14 MR. PEPE: That's -- 15 MR. LIEBMAN: -- months -- 16 MR. PEPE: That's -- 17 MR. LIEBMAN: -- that falls on the city clerk's 18 office, and this commission, this body of five, 19 because the city clerk reports to this commission, I 20 don't understand why that was an updated in 11 21 months. Maybe that's not relevant to the item. 22 Another question is the attorney said that -- that 23 the city -- correct me if I misspeak. But that the 24 city attor- -- pardon me, the city manager could 25 revoke the business license, right? The BTR, if the Appendix Page No. 207 408 230508 City Commission Meeting 08-16-2022 Page 24 1 fines aren't paid in full. So if that's -- my 2 question regarding that is not an issue one way or 3 the other as long as the enforcement is fair. Would 4 the same thing apply to any other business or 5 businesses required to pay these taxes within the 6 year, a year end? 7 MR. PEPE: I believe -- 8 MR. LIEBMAN: Well, not taxes. Sorry. Fines. 9 Any other business that is receiving similar fines. 10 MR. PEPE: I believe that what the code says is 11 that if you don't pay what is owed to the city, that 12 the city -- that the city manager will not or does 13 not need to renew your business tax receipt. It's 14 not a matter of revoking it. It's a matter of not 15 renewing it until you've paid up all of the fines 16 that are owed. 17 MR. LIEBMAN: And that's across the board? 18 That's not specific -- 19 MR. PEPE: That's everybody, applies to 20 everybody. 21 MR. LIEBMAN: Okay. And -- and that is 22 different for residences that have impending fines. 23 The residences can carry -- 24 MR. PEPE: Well because the residents don't 25 have a business tax receipt -- Appendix Page No. 208 409 230508 City Commission Meeting 08-16-2022 Page 25 1 MR. LIEBMAN: Right. Okay. 2 MR. PEPE: -- it's not something that could be 3 revoked because they don't have one. 4 MR. LIEBMAN: And then just some clarification 5 from your -- regarding storage units. Storage units 6 are not -- they're not permitted either in business 7 or residential property. I guess we allow them 8 temporarily for construction, or for pod if it's a 9 move, and do businesses have to apply for a permit 10 for -- to have a pod for either dumpster to store 11 something temporarily for 30 to 60 days? How does 12 that work? 13 MR. PEPE: Well, they do. But let me just 14 point out that even if you did not consider the 15 violation for having pods without a permit on the 16 premises, there still was more than three violations 17 in a 90-day period, which would warrant the 18 revocation of the business tax receipt. So even if 19 you didn't consider that, so rather than getting 20 into the legal merits because that is up on appeal, 21 it's really not necessary. It's moot. 22 MR. LIEBMAN: Okay. So yeah. Thank you, Madam 23 Mayor. I may have more questions later. These 24 questions are just coming from the -- what was 25 presented to us now. And then I don't know what -- Appendix Page No. 209 410 230508 City Commission Meeting 08-16-2022 Page 26 1 how the commission feels about hearing from the 2 public either now or at some point in the future. 3 MR. PEPE: One other thing Mayor, may I add? 4 MS. PHILIPS: Yes. 5 MR. PEPE: Yes. So even if the commission 6 decided to allow members of the public to speak, it 7 could only be as to the decision of the city 8 manager, and the record on appeal, and the legal 9 arguments, not to come forward to provide 10 testimonial as to the -- their feelings about 11 Stunna's FIT. They would have to - - they would 12 have to address the legal issue. 13 MR. LIEBMAN: I understand. And I was just 14 thinking in terms of just public comments, but 15 actually, Madam Mayor, if you can indulge me for a 16 minute, I think maybe we should all take a step back 17 on this side, and that there weren't separate sides 18 and people in the audience, and maybe either the 19 city manager or city attorney can clarify what the 20 letter says. That way we're all on the same page. 21 MR. PEPE: Are you referring to the letter of 22 the city manager -- 23 MR. LIEBMAN: The letter in question. 24 MR. PEPE: -- issued on June the 29th? 25 MR. LIEBMAN: Yeah. In layman's -- layman's Appendix Page No. 210 411 230508 City Commission Meeting 08-16-2022 Page 27 1 terms, just so we have a clearer understanding on 2 the dais, everyone in the audience has a clear 3 understanding, and those watching at home. 4 MR. PEPE: Basically, she found that there were 5 more than three violations within a 90-day period. 6 She then went on to withhold adjudication and give 7 Stunna's FIT one last chance to abide by the city's 8 code. But she also said that he would have to pay 9 all of the fines that were outstanding. That's the 10 gist of it. 11 MR. LIEBMAN: But in layman's terms, withhold 12 adjudication means that the city manager had the 13 authority to revoke the business license but chose 14 not to, but instead issue one more chance? 15 MR. PEPE: Well, she chose not to make a final 16 decision. So this was not a final decision, this 17 was basically a reprieve that she would not issue a 18 final decision so long as Stunna's FIT abide by - 19 abided by the city's code of ordinances. 20 MR. LIEBMAN: Okay. And even if there is 21 another infraction, the -- the business has the 22 opportunity to appeal that before a magistrate, 23 right? So the city manager would have to wait until 24 that was appealed and decided upon by the 25 magistrate; is that -- Appendix Page No. 211 412 230508 City Commission Meeting 08-16-2022 Page 28 1 MR. PEPE: Yes. 2 MR. LIEBMAN: Okay. 3 MR. PEPE: Or the city manager could handle 4 that on her own if she wanted to. But I have a 5 feeling she would probably defer to the special 6 magistrate. 7 MR. LIEBMAN: This is one more final chance and 8 one more warning after, like, multiple issues over 9 how many years, three, four years? 10 MR. PEPE: Four years. 11 MR. LIEBMAN: Four years. Okay. Thank you. 12 MS. PHILIPS: Mr. Teal, do you want to 13 continue? 14 MR. TEAL: Sure, I'll continue, thank you. A 15 few points of clarification and some -- some 16 objections as well. But I've not heard of any city 17 code that says nonpayment of a code violation 18 results in the revocation of a BTR. If that exists, 19 then I would respectfully request that Mr. Pepe let 20 me know what provision that is. Maybe it's not in 21 Municode, but I would like to review it and see what 22 -- what that's about because I've not seen anything. 23 And I've spent a lot of time looking at your code, I 24 haven't seen it yet. Ms. Kamali may have been told 25 that what she decided in her June 29th letter is not Appendix Page No. 212 413 230508 City Commission Meeting 08-16-2022 Page 29 1 -- or excuse me, yeah, June 29th letter is not a 2 final decision. It absolutely is a final decision. 3 It is an adjudication. It changes the city's code 4 such that there is one particular rule that applies 5 to Stunna's FIT that does not apply to any other 6 business owner in the City of South Miami. Says 7 it's a one strike rule. If you have any sort of 8 code violation, and a special magistrate finds that 9 you have in fact violated that by competent 10 substantial evidence, that code violation, then I 11 can pull your business license. It also says if you 12 don't pay this on $70,000- something in pending code 13 violations, then we cannot renew your BTR, and that 14 is up for renewal, I believe, on September 30th of 15 this year, which is the functional equivalent of 16 revoking Stunna's FIT BTR. So it might not feel 17 like an outright direct, final adjudication of 18 Stunna's FIT's rights, but it is, and it should be 19 treated as such, and that's why we're appealing it. 20 So if we're going to assume that 20 -- section 20- 21 1.7 and section 15-82 do somehow fall within 22 subsection v of 20- 3.6, which it does not, it has 23 to in order for there to be any basis to revoke the 24 business license, the business tax receipt. But 25 assuming that it did, even though it doesn't, those Appendix Page No. 213 414 230508 City Commission Meeting 08-16-2022 Page 30 1 code provisions cannot be relied upon as basis for 2 Mr. Kamali's decision, and for the city's potential 3 revocation of the business tax receipt. They can't 4 because as for section 20-1.7 concerning the storage 5 pods that Stunna's FIT has removed from the 6 property. Please note, of course, and I'm sure 7 you're aware, that on June 18th, we filed a Notice 8 of Appeal of the May 20th order by the special 9 magistrate in which Stunna's was found guilty of 10 violating that section of the city's land 11 development code. So until that challenge works its 12 way through the courts, the order is being contested 13 and cannot be relied upon as one of the underlying 14 basis for the revo- -- for the constructive 15 revocation of Stunna's FIT BTR. As for Section 20- 16 3.6(v), as you're aware, the city commission has 17 amended that code provision, and now you can run 18 outside on the public sidewalk. That is not a 19 violation of the city's code. So really, that is 20 the only code provision that was relied upon that 21 fit within the parameters of the acceptable type of 22 violations that the city could rely on for purposes 23 of trying to revoke a business tax receipt. Those 24 are mooted. You cannot continue to prosecute code 25 violations under which code sections don't even Appendix Page No. 214 415 230508 City Commission Meeting 08-16-2022 Page 31 1 exist in your books anymore. They're not -- they're 2 not there, you can't continue to prosecute them. So 3 our position is that legally, you're -- the city 4 commission is legally prohibited from continuing to 5 use the outdated code provisions. So finally, after 6 reviewing the city's charter, it's clear that it 7 does not empower the city manager to unilaterally 8 decide whether to revoke a business license and all 9 -- as you know, all -- all municipal power must come 10 from the city's charter. It does not -- it does not 11 expressly allow the city managers do this. Your 12 code of ordinances purports to, but the city charter 13 does not, so it violates the city charter. As for 14 the violation under section 15-82, running -- 15 running the truck outside on the property for an 16 extended period of time. I think there were maybe a 17 couple of violations, one in May of 2021, the final 18 one was later I believe in September. If you look 19 at those code violations, they do not fall within 20 the 90-day required period, even assuming -- even 21 assuming that they were in subsection v of 20-3.6 22 which -- which they are not. They're not there, so 23 they cannot be relied upon from the get go for 24 purposes of revocation of BTR. So with that, I 25 don't believe I have any colleagues here. I have a Appendix Page No. 215 416 230508 City Commission Meeting 08-16-2022 Page 32 1 lot of patrons who would like to speak. I agree with 2 Commissioner Liebman, this is a public hearing. 3 They came out tonight to show their support. The 4 land development code that I have recently learned a 5 lot about because I have access to it now, the 6 updated version, it allows for substantial justice 7 to be done. And I think that you have here a local 8 business who's done -- has done a lot of good, and I 9 know that it's been somewhat of a lightning rod here 10 due to personal animosity over time, but there have 11 been efforts made, there's been money expended. Bay 12 doors have been installed at 12 grand a pop. 13 Storage pods -- the very storage pods that were the 14 subject of a code violation, that was six grand plus 15 that Mr. Varona spent to try to block the noise -- 16 MR. PEPE: Your Honor, this is going beyond the 17 record. 18 MR. TEAL: It's all in the record -- 19 MR. PEPE: This is beyond the record. 20 MR. TEAL: It's not beyond the record. 21 MR. PEPE: -- that's on appeal. 22 MS. PHILIPS: It's not part -- 23 MR. PEPE: None this -- none of this was 24 presented in appeal. 25 MR. TEAL: It's all in the record. And in Appendix Page No. 216 417 230508 City Commission Meeting 08-16-2022 Page 33 1 fact -- 2 MR. PEPE: Thank you. 3 MR. TEAL: -- I will present our Motion to Stay 4 in circuit court. We're seeking a stay of the 5 enforcement of the special magistrate's May 20th 6 order. The exhibits were very bulky, so we didn't 7 bring those. I don't know -- 8 MS. KAMALI: Madam Mayor. 9 MS. PHILIPS: Yes, ma'am? 10 MS. KAMALI: Mr. City Attorney, do you want to 11 look at section 13-17 regarding the business taxes 12 and any payment -- 13 MR. PEPE: Yes, I will address all of that as 14 soon as Mr. Teal is done. 15 MR. HARRIS: How many of you would like to 16 speak? Can you raise your hands? 17 MS. PHILIPS: Out of order. You're out of 18 order. 19 MR. HARRIS: I'm just -- 20 MS. PHILIPS: I think -- 21 MR. HARRIS: -- asking -- 22 MS. PHILIPS: -- you are out of order. 23 MR. TEAL: Before -- I'm loath to interrupt. 24 Before I forget, if Mr. Pepe is going to speak in 25 rebuttal to my argument, I would like a chance to Appendix Page No. 217 418 230508 City Commission Meeting 08-16-2022 Page 34 1 reply. 2 MS. PHILIPS: A rebuttal in other words? 3 MR. TEAL: Rebuttal to his rebuttal. Yes, Your 4 Honor, which is customary. Thank you for your time. 5 MS. PHILIPS: Do you have something you would 6 like to say? 7 MR. PEPE: I do. 8 MS. PHILIPS: Okay. 9 MR. PEPE: So the Constitution prohibits the 10 failure to prosecute an act that was illegal at the 11 time that it was committed. And in this case, the 12 act in question was illegal at the time it was 13 committed, even though -- and the Constitution says, 14 even though after the act was committed, after it 15 was an illegal act, later that statute was repealed, 16 you still must prosecute the act that was illegal at 17 the time that it was committed. 18 MS. PHILIPS: That's a law of the United 19 States? 20 MR. PEPE: Well, no, that's the law of Florida. 21 MS. PHILIPS: Okay. 22 MR. PEPE: So also, the manager's decision to 23 not change the city code one iota, because in 24 section 13-16 it provides that the city manager has 25 authority to revoke a business tax receipt for one Appendix Page No. 218 419 230508 City Commission Meeting 08-16-2022 Page 35 1 violation. Doesn't have to be three in a 90-day 2 period. So one violation is sufficient to revoke a 3 business tax receipt in accordance with chapter -- 4 or section 13-16. Also, with regard to the business 5 tax receipt, section 13-17 entitled "Reissue of 6 business tax receipt, payment of debts due city 7 prerequisite," it provides that "Any person being 8 delinquent in the payment of any assessment, taxes, 9 fees, or any money do unto the city shall as a 10 prerequisite to the reissuance of business tax 11 receipt required to pay those assessments, taxes, 12 fees, and sums of money of any nature whatsoever 13 that's due the city." 14 MS. PHILIPS: Uh-huh. 15 MR. PEPE: So the city manager did not make 16 that decision, that decision was made by the city 17 commission when they enacted this ordinance. There 18 was some other question about the clerk putting in 19 exhibits for this hearing. The -- all of the 20 exhibits that the clerk submitted were exhibits that 21 were exhibits that were introduced to the city 22 manager at the June 20, 2022, hearing that she held. 23 As I said before, Mr. Varona knew of the enactment 24 of this amendment to 20-3.6 subsection v, because he 25 was at that meeting in which it was enacted. With Appendix Page No. 219 420 230508 City Commission Meeting 08-16-2022 Page 36 1 regard to the pods, it's -- those are up on appeal. 2 As I said, even if you don't consider that, there 3 were still more violations than necessary to revoke 4 the business tax receipt. And also, there is a 5 Motion to Stay the enforcement of this special 6 magistrate's order and the fine that he issued. But 7 in order to get a stay, the Court will more than 8 likely require that they post the bond, that way, if 9 they do not win the appeal, which I anticipate they 10 will not, they will at least have paid the fine. 11 It'll be collectible. And that's the end of my -- 12 oh. Well, one last thing. So Mr. Teal, in his 13 letter and notice of appeal alluded to that the 14 manager didn't have any authority to revoke the 15 business tax receipt. The charter, article 3, 16 section 5 "Powers and Duties of the City Manager," 17 provides the manager has the power and duty to, in 18 subparagraph G, "Perform such duties as are 19 specified in this charter or which may be required 20 by the commission." And as for the duties required 21 by the commission, those are contained in 22 ordinances. And article 2, section 6 of the charter 23 provides that the "City commission acts by ordinance 24 or a written resolution and as to the following acts 25 must be by ordinance." And one of those acts that Appendix Page No. 220 421 230508 City Commission Meeting 08-16-2022 Page 37 1 the city commission is authorized to do is to 2 "Provide for a find or other penalty or establish a 3 rule or regulation for the violation of which a fine 4 or the penalty is imposed." And that's exactly what 5 the commission did when they enacted 20-3.6 6 subparagraph v, or when they amended it. Therefore, 7 the charter gives the city commission power to 8 create rules, and regulations, and set fines by 9 ordinance, and it gives the city manager -- or 10 actually, the city manager is obligated to perform 11 those duties specified by the commission and its 12 ordinances. Thank you. 13 MS. PHILIPS: Does anybody up here have any 14 other questions for the city attorney? No? 15 MR. LIEBMAN: Yes. 16 MS. PHILIPS: Do you have a question, sir? 17 MR. LIEBMAN: Yes. I'd just like some 18 clarification on the find outstanding because I've 19 heard 20,000, I've heard 40, tonight I heard 70,000. 20 How much are the fines outstanding? 21 MR. PEPE: Yeah. So there's approximately 22 $24,000 in fines that have been outstanding I 23 believe for almost a year. And the special 24 magistrate issued about 2,000 or $3,000 in fines for 25 these violations that were referred to in the city Appendix Page No. 221 422 230508 City Commission Meeting 08-16-2022 Page 38 1 manager's decision, not counting the violation for 2 having the pods, and the violation for having the 3 pods, the special magistrate entered an order of a 4 fine of approximately $43,000. So we have 24,000, 5 43,000, and another two or 3,000 in fines. Those 6 are approximations but pretty close. 7 MR. LIEBMAN: Seems severe for pods. 8 MR. PEPE: Well, what's severe is the fact that 9 it was a daily fine, and the fine -- they were given 10 notice back in March that these pods were illegal. 11 They did nothing. And I believe it wasn't until 12 May, that they were actually given another citation, 13 and then then the fines began to run. And the 14 magistrate, and I must say that I agreed to do it, 15 there was a period of time when there were some 16 negotiations to try to reach some kind of a 17 settlement or resolution, and I suggested to the -- 18 to the magistrate that they not be fined for those 19 days during which those negotiations took place. So 20 I think, all in all, they completely disregarded the 21 city's code in allowing those pods to stay there, 22 and they were just, I guess, hoping that something 23 would happen. 24 MR. LIEBMAN: Okay. Madam Mayor, may I say -- 25 MS. PHILIPS: Yes. Go ahead. Appendix Page No. 222 423 230508 City Commission Meeting 08-16-2022 Page 39 1 MR. LIEBMAN: -- may I say something? 2 MS. PHILIPS: Well, we are not at the 3 discussion point now. I think if Mr. Teal wants -- 4 MR. LIEBMAN: Thank you. 5 MS. PHILIPS: -- to rebuttal, and then we will 6 discuss. Do you need to say something, ma'am? 7 MS. KAMALI: Madam Mayor, if I may explain, the 8 -- the process for citation is not a one-day 9 surprise deal. You know, we go to the -- to the 10 business. They get a warning, which we call it a 11 courtesy. We gave them so many number of the days 12 to apply what the city has requested. We go with a 13 violation, we wait for them to clear that violation, 14 then after that, they go in front of special master. 15 The special master gives them opportunity to do it. 16 So I just want to make sure to clarify it's not like 17 we go and knock on the door, and here it is a 18 $43,000 citation. 19 MS. PHILIPS: Thank you. Mr. Teal? 20 MR. TEAL: Yes. Thank you, Madam Mayor. A lot 21 to address. First was retroactivity, the act has 22 already been enforced. The city code that was -- 23 that was used as a basis for the citation against 24 Stunna's FIT that prohibited joggers from jogging 25 outside on public property that's already been Appendix Page No. 223 424 230508 City Commission Meeting 08-16-2022 Page 40 1 enforced against Stunna's. There is -- there is 2 that pending violation, yes. But the city cannot 3 continue to use a nonexistent code provision to take 4 other action. And among those actions, revoking the 5 BTR, killing a business can't be the underlying 6 violation. And in fact, this -- this is exactly the 7 type of code amendment that should apply 8 constitutionally, retroactively, and I have the case 9 law, I'd be happy to provide to this commission. 10 With respect to my client being present at the -- I 11 think it was September 7, 2021, city commission 12 hearing with respect, I love Mr. Varona, he -- he 13 didn't -- he had no idea what was going on in terms 14 of the code amendment and the city commission agenda 15 that was tweaking a provision of the code that would 16 allow for BTR revocation upon three strikes and 17 (sound effect). Everything that was presented to us 18 at the June 20th hearing was not -- was not -- was 19 not apparent to Mr. Varona understandably so. And 20 frankly, it wasn't apparent to me, and I like to 21 research a lot, I couldn't find it. It -- there was 22 reference to it in the letter, and I thought that 23 the letter was a typo. I couldn't find the 24 pertinent code provision. As far as I believe it 25 was section 13-16 that Mr. Pepe had referenced, we Appendix Page No. 224 425 230508 City Commission Meeting 08-16-2022 Page 41 1 were never provided that code section either. And 2 again, I would object on the basis of a violation of 3 due process. We are entitled under the Constitution 4 to a reasonable opportunity to be heard and to 5 sufficient notice. We didn't receive it. If 6 there's a code provision on your books that says if 7 there's any sort of pending payment that hasn't been 8 paid to the city of any kind, you're not entitled to 9 your BTR. But that's problematic for many reasons, 10 among them, what about my client's constitutional 11 rights to access to the courts, to have his appeal 12 adjudicated before he goes -- he goes ahead and pays 13 $43,000 over storage pods to the City of South 14 Miami, when the judge may well -- may very well find 15 -- I know that Mr. Pepe disagrees, obviously, but a 16 judge may very well find that we're right, that he 17 doesn't have to pay that amount. And yet, the 18 actual business license, the right to keep that 19 business functioning, all hinges on him paying 20 without actually having the opportunity to bring his 21 case to court. That is, at best, constitutionally 22 problematic. That's for the pods. It's on appeal, 23 it's before the circuit court. I don't even feel 24 that it's really appropriate to go into it here. 25 But it was -- it -- you guys went into it, I will -- Appendix Page No. 225 426 230508 City Commission Meeting 08-16-2022 Page 42 1 I will engage. It's not true that we had done 2 nothing. There was a period I think of over a year 3 -- and the record reflects that, the record is clear 4 on this. There was a period of over a year in which 5 the city code enforcement were frequently going to 6 Stunna's FIT's property, their business, and they 7 were not saying anything about the storage pods on 8 property. Over and over again, it was never an issue 9 until it became an issue. And at first courtesy 10 notice, finally, after a year -- over a year of 11 these very conspicuous storage containers being on 12 the property was issued. At that point, I believe 13 it was July, the actual citation was issued, and 14 then in September -- or late September, early 15 October, we were retained, we engaged in settlement 16 negotiations. These are very large pods to have 17 them logistically move somewhere, you can't just up 18 and pick them. There was -- there's discussion 19 about maybe we'll affix them to the property. Maybe 20 we'll get that permit and permanently affix them to 21 the property. Otherwise, the permit doesn't apply to 22 the temporary storage container because that permit, 23 that code provision only applies to permanently 24 affixed structures -- "structures," under the land 25 development code. The definition of structures Appendix Page No. 226 427 230508 City Commission Meeting 08-16-2022 Page 43 1 under your land development code talks about 2 permanent structures, talks about permanent -- 3 permanently affixing something to the ground or some 4 other object that's permanently affixed to the 5 property -- the subject property. We had 6 established at the relevant hearing regarding the 7 storage pods that code enforcement didn't even see 8 the base of the storage pods. They didn't see that 9 there was any sort of attachment that could -- could 10 possibly be construed as a permanent -- as it 11 permanently being affixed to anything on the 12 property. So there was -- there were a series of 13 assumptions made. There were assumptions made that 14 it does meet this definition of structures because 15 it was permanently affixed. All though, it wasn't, 16 and there were no plans to do so. If there were 17 plans to do so, we would have got the permit. My 18 client was informed that if he -- if he actually 19 applied for the permit, it would be futile. It will 20 not be approved. It was at that point, even though 21 we were in the midst of good faith settlement 22 negotiations for the city, that he started trying to 23 sell the pods. And he finally sold them all off at 24 a -- at a substantial financial loss. And mind you 25 these pods, they served as a buffer. The very Appendix Page No. 227 428 230508 City Commission Meeting 08-16-2022 Page 44 1 controversy that started this whole tension between 2 the city and Stunna's, the noise, the complaints 3 from the neighbors. It was -- it was starting to 4 reduce the complaints, and the record reflects it. 5 The neighbors who were on the side of the pods, they 6 weren't complaining anymore because it was blocking. 7 It was actually functioning to block the sound. But 8 the city had to cite him for something, so he, as 9 fast as he could, found ways to remove them from 10 this property, even though we were settling. And 11 that settlement that we were working on -- and it's 12 well documented, it's all public record now. That 13 settlement we were working on, it would have 14 absolved Stunna's FIT of all the pending code 15 violations, including the storage pod violations. 16 So of course, we didn't remove them from the 17 property, we were trying to work it out. And it's 18 all in the record of the circuit court appeal. But 19 all this to say, the three different code provisions 20 that were relied upon, at least two of them have 21 absolutely no place in this hearing because this 22 hearing requires that subsection v of 20-3.6 be the 23 pole star, that is the only code provision that the 24 city can point to for purposes of violations that 25 would substantiate any sort of decision that could Appendix Page No. 228 429 230508 City Commission Meeting 08-16-2022 Page 45 1 possibly, whether constructively or directly, result 2 in the revocation of a BTR. And if you go by that, 3 you're only relying on the jogging outside code 4 provision. It doesn't exist anymore. And as I said 5 before, I'll send you the case law. You can't rely 6 on it. You can't -- you can't do that. You can't 7 react retroactively say, we're going to shut down 8 this business because we still think that we were 9 right back then about what we said about jogging 10 outside. We didn't like it back then, so therefore, 11 this business has to go. I know it's not on the 12 books anymore, but now I feel like it should apply 13 to back then. If that happens, that is a taking. 14 That's a taking, and you have a right -- even if you 15 don't own the actual real property, you have the 16 right -- you have a vested right in your business. 17 You have a vested right in your license. This man 18 has invested everything he has into Stunna's FIT. 19 He has a vested right. He might not own the dirt, 20 but he owns the business. Thank you for your time. 21 MS. PHILIPS: Please -- please stop. Please 22 stop. This is not appropriate here. This is not 23 applause, and comments, and outbursts are not 24 appropriate here. All right. Does anybody up here 25 have any comments he would like to make? Let me Appendix Page No. 229 430 230508 City Commission Meeting 08-16-2022 Page 46 1 just clear up my mind. I thought when we made that 2 change that we said it could -- that running could 3 happen on the sidewalks in the commercial zone. 4 MR. PEPE: That's correct. 5 MS. PHILIPS: Yeah. And where does the 6 commercial zone -- how far does the commercial zone 7 extend? 8 MR. PEPE: Well, the commercial -- 62nd Avenue 9 is the demarcation line, and I think that the city 10 commission had decided that even though it might be 11 interpreted to mean the centerline of the roadway -- 12 MS. PHILIPS: Uh-huh. 13 MR. PEPE: -- I think the city commission 14 decided that they wanted to include the sidewalk, 15 the public right away, that is 62nd Avenue. So it 16 would be from one sidewalk to the other sidewalk on 17 the other side of the -- 18 MS. PHILIPS: So to the west sidewalk then? 19 MR. PEPE: Right. 20 MS. PHILIPS: Okay. 21 MR. PEPE: And -- exactly. 22 MS. PHILIPS: That's what I wanted to know. Any 23 other concerns? Yes? 24 MR. LIEBMAN: I definitely would like to hear 25 from the commission, but until anyone, I guess, Appendix Page No. 230 431 230508 City Commission Meeting 08-16-2022 Page 47 1 decide to share their position, or potentially some 2 concerns. So if we can really just -- if we can 3 really just break this down, the biggest concern 4 today, is that, right, the letter from the city 5 manager, or the position the city manager, is that 6 should there be any more infractions from this point 7 forward, and should that -- those infractions be 8 upheld by the magistrate, then the city manager has 9 the authority to revoke the BTR, right? But 10 independent of that, the business being treated no 11 differently than another business, should there be 12 any fines outstanding that aren't paid that date is 13 accurate and September 30th, by law, the business 14 tax receipt will not be renewed. So if the -- 15 whatever this amount is, 70,000, was satisfied, 16 right? Some negotiated amount, then there would no 17 longer -- then there would no longer be a concern, 18 right? And I'm just wondering. I don't know that 19 the extent that we can discuss this publicly, but 20 are there currently negotiations? Now, the -- we 21 don't have to get into the justification or the 22 fairness of these -- of these fines, but the fines 23 result of the tenant. That said, the fines are the 24 responsibility of the -- that can be, right, handled 25 civilly, but of the property owner. The fines are Appendix Page No. 231 432 230508 City Commission Meeting 08-16-2022 Page 48 1 tied to the property. 2 MR. TEAL: Okay. So just so I have it 3 clear --- 4 MR. LIEBMAN: If the tenant vacates, the 5 property owner is responsible, and then can take 6 that up civilly? 7 MR. TEAL: Sure. Right. Well, let me back up 8 a second. We -- I think I need to object. 9 MR. LIEBMAN: Sure. 10 MR. TEAL: I think you're just presenting the 11 situation. But in any case, I object that this -- 12 that the tenant is responsible for the fines. And 13 yeah, you're right, it attaches to the land is my 14 understanding, but my client has no interest in 15 bailing -- I mean, he's -- you know, he believes his 16 community, he is a member of this community. You 17 can see that he has a lot of support in this 18 community. And he has a great business here that 19 has helped a lot of people, so there's no plans to 20 do that. 21 MR. COREY: So should these fines be satisfied, 22 right? Assume they're currently being negotiated, 23 then what would your contention -- what would your 24 content be? What -- would you have a contention 25 with the fact that should there be one more Appendix Page No. 232 433 230508 City Commission Meeting 08-16-2022 Page 49 1 infraction -- 2 MR. TEAL: Yeah? 3 MR. COREY: -- that's held up by an independent 4 third-party magistrate, then the city manager has 5 the authority to revoke the business license? 6 MR. TEAL: Yes, we object to that. We object 7 to the payment of -- of the full -- of the fines 8 that have been imposed because we're contesting 9 them. We're actively contesting those fines, and 10 we're appealing them because we think that they're 11 not legitimate. So that -- that's our problem. And 12 you know, if there was something to be worked out, 13 you know, we've gone down that road. It did not go 14 the way that -- that we had wanted to go, 15 ultimately. But look, I mean, I'm always -- I'm 16 always willing to listen to some sort of resolution 17 that's reasonable for a client. I -- you know, that 18 -- that's -- that's the job that we have, 19 Commissioner Corey, I know you're an attorney, 20 that's the job that we have. 21 MR. LIEBMAN: The other thing I'll say, just 22 for clarification. I -- it's not that I happen to 23 agree with the city attorney. The city attorney is 24 correct, the manager does have that authority. The 25 way city manager government works, the way our local Appendix Page No. 233 434 230508 City Commission Meeting 08-16-2022 Page 50 1 government functions, is there's three charter 2 employees, that means by charter report to the 3 commission, the city manager, the city attorney, and 4 the city clerk, all of whom you've heard from 5 virtually all three, and been referred to many times 6 regarding this case. One way to look at is we're 7 the board of directors, city manager is the CEO, 8 residents are the shareholders. I will tell you 9 that city manager has the full support of the 10 commission. And I will tell you that this city 11 manager, since she's become the city manager, before 12 that was a deputy city manager, which means the 13 assistant city manager, has always fought, and has 14 always fought against the majority of that 15 commission, which most oftentimes was for people to 16 protect this business and defend this business. So 17 like anyone else, there's always a tipping point, 18 right? When enough is enough, this city manager, 19 and I know because I was the one person who was 20 always sort at least the majority of times, just on 21 the record, the dissenting vote, which favored the 22 business. The city manager could have revoked the 23 business license many times previously. She always 24 fought for this business against her bosses, against 25 the commission, and always defended this -- this Appendix Page No. 234 435 230508 City Commission Meeting 08-16-2022 Page 51 1 business and everything that goes along -- goes 2 along with it. So the -- it's absolutely the city 3 manager's right, and she is by no means exercised 4 any bias or abused her position in any way. If she 5 has it all, it's been to prolong this, or defend the 6 business, or try to find some, you know, middle 7 ground. So that's - yeah, I'd love to hear from the 8 commission. Thanks. 9 MR. HARRIS: If the magistrate upholds the 10 fines, would you be -- would they be paid? 11 MR. TEAL: And Commissioner Harris, you're 12 referring to the district court judge or -- 13 MR. HARRIS: Whoever is at hand -- whoever you 14 appealed to. 15 MR. TEAL: We had -- that'd be a game time 16 decision, Commissioner, whether there would be an 17 appeal to the Third DCA, or whether we would -- we 18 would -- we would sit with that decision. 19 MS. PHILIPS: Okay. 20 MR. TEAL: We -- we -- we're confident that 21 we're going to win the appeal. I know that Mr. Pepe 22 feels confident the other way, but we're -- we're 23 equally as confident. 24 MR. HARRIS: Thank you. 25 MS. PHILIPS: Any discussion? Appendix Page No. 235 436 230508 City Commission Meeting 08-16-2022 Page 52 1 MR. GIL: Yeah. Briefly, I just like to agree 2 with Commissioner Liebman. The city manager 3 definitely has the authority to revoke or to pull up 4 a BTR. And -- and in her case, she's been here 5 seven or eight years, so she's very, very familiar 6 with this, this isn't just, you know, been dropped 7 out of the sky onto her lap. So I'd like to make an 8 amendment on line 86, and just end the sentence put 9 a period under affirmed. 10 MS. PHILIPS: So you're making that in a 11 motion? 12 MR. GIL: Yeah. 13 MS. PHILIPS: Anybody second that? I second 14 that. So we're affirming her decision. That's the 15 motion now? 16 MR. GIL: Whatever it is, yes. 17 MS. PHILIPS: Yes. Is there any -- okay. It's 18 been seconded. I have -- one of the things that I 19 was surprised about at the hearing in June was that 20 she didn't take his license away or revoke it right 21 at that point. It seemed to make quite clear that 22 -- that that was what was going to happen. And the 23 fact that when her -- when I read her letter, that 24 she had given him one more chance, I thought it was 25 really rather wonderful for him, because I thought Appendix Page No. 236 437 230508 City Commission Meeting 08-16-2022 Page 53 1 -- I think that this is a wonderful -- I really 2 liked the enthusiasm that all of the patrons, all of 3 his clients, all of his friends have for the 4 business. And I only wish there were a really good 5 spot for it because I like the enthusiasm that they 6 will have, and I understand how, you know, yelling, 7 can make -- or can make a huge difference to the 8 eagerness with which one throws himself, herself 9 into the exercise. But I -- but given all of the 10 complaints, and all of the time, and all of the 11 suggestions, and all of the wishes that had gone 12 before this June meeting, I was really surprised 13 that she didn't, at that point, revoke his BTR. So 14 is there any more comments on the motion that's been 15 made? All right. We're going to vote. Mr. 16 Liebman, how do you vote? We're -- we're voting to 17 confirm -- 18 MR. LIEBMAN: Yes. 19 MS. PHILIPS: -- the decision. Mr. Harris? 20 MR. HARRIS: Yes. 21 MS. PHILIPS: Mr. Corey? 22 MR. COREY: Yes. 23 MS. PHILIPS: Mr. Gil? 24 MR. GIL: Yes. 25 MS. PHILIPS: And I vote yes also. Thank you. Appendix Page No. 237 438 230508 City Commission Meeting 08-16-2022 Page 54 1 All right, we're moving on now to item number one. 2 CLERK: You haven't voted on the item as a 3 whole. 4 MS. PHILIPS: Oh, I thought that was the item 5 as a whole? 6 CLERK: Well, you -- 7 MS. PHILIPS: Oh, that was just the amendment. 8 CLERK: The amendment. 9 MS. PHILIPS: Okay. So now the vitamin -- the 10 item as a whole will to affirm the city manager's 11 decision. Mr. Gil, how do you vote? 12 MR. GIL: Yes. 13 MS. PHILIPS: Mr. Corey? 14 MR. COREY: Yes. 15 MS. PHILIPS: Mr. Harris? 16 MR. HARRIS: Yes. 17 MS. PHILIPS: Mr. Liebman? 18 MR. LIEBMAN: Yes. 19 MS. PHILIPS: And I vote yes also. All right. 20 (END OF AUDIO) 21 22 23 24 25 Appendix Page No. 238 439 230508 City Commission Meeting 08-16-2022 Page 55 1 CERTIFICATE OF TRANSCRIPTIONIST 2 3 STATE OF FLORIDA 4 COUNTY OF ORANGE 5 6 I, the undersigned, certify that I was authorized 7 to and did transcribe to the best of my ability the 8 foregoing audio provided to me by the Offices of 9 Milestone Reporting Company, Inc., and that the 10 transcript is a true and accurate representation of the 11 recording as heard by me. 12 13 I further certify that I am not a relative, 14 employee, attorney or counsel of any of the parties nor 15 am I a relative or counsel connected with the parties' 16 attorneys or counsel associated with the action, nor am 17 I financially interested in the outcome of the action. 18 19 Submitted on: August 29, 2022. 20 21 22 23 ______________________ 24 KATIE O'MALLEY 25 Appendix Page No. 239 440 230508 City Commission Meeting 08-16-2022 Page 56 $ $24,000 37:22 $3,000 37:24 $43,000 38:4 39:18 41:13 $70,000 29:12 1 1.7 17:4 29:21 10th 7:15 11 23:13,20 12 3:3 6:7 7:4 8:15,23 9:5,7,15 17:23 32:12 13-16 34:24 35:4 40:25 13-17 33:11 35:5 132 14:23 133 14:23 15:4 15 16:9 15-82 17:4 29:21 31:14 16 1:3 18th 30:7 19 22:22 23:2 190 15:7 2 2 36:22 2,000 37:24 2:41 12:20 14:6 20 3:9 14:4 17:3 18:16 29:20,22 30:15 35:22 20,000 37:19 20-1.7 15:18 16:9 30:4 2021 22:11,18,19 31:17 40:11 2022 1:3 3:9 18:16 22:14,17 35:22 55:19 20-3.6 14:24 17:5 31:21 35:24 37:5 44:22 20-3.6(v 16:12 20th 13:20 14:1,16 15:9 30:8 33:5 40:18 22nd 4:17 7:24 13:8 24,000 38:4 29 55:19 29th 11:14 12:2 13:16 26:24 28:25 29:1 3 3 36:15 3,000 38:5 3.6 29:22 3.6(v 14:5 30:16 30 25:11 305 2:12,13 5:25 30th 29:14 47:13 32 14:9 33 14:10 33143 1:6 2:11 375-5732 5:25 4 40 37:19 43,000 38:5 5 5 36:16 6 6 36:22 6:00 13:18 60 25:11 6130 1:5 2:10 62nd 46:8,15 6600 11:6 663-6340 2:12 663-6348 2:13 67th 11:7 7 7 14:24 22:17 40:11 70,000 37:19 47:15 7th 22:11,14 8 82 16:9 86 52:8 9 90-day 17:9 25:17 27:5 31:20 35:1 A a.m 13:19 abide 27:7,18 abided 27:19 ability 55:7 able 5:15 7:21 10:11,23 absolutely 29:2 44:21 51:2 absolved 44:14 abused 51:4 acceptable 30:21 access 32:5 41:11 accordance 35:3 accurate 47:13 55:10 across 24:17 act 34:10,12,14,15 ,16 39:21 acting 13:10 action 4:2 40:4 55:16,17 actions 40:4 Appendix Page No. 240 441 230508 City Commission Meeting 08-16-2022 Page 57 actively 49:9 activity 16:17,19 acts 36:23,24,25 actual 41:18 42:13 45:15 actually 10:11 17:6 19:8 26:15 37:10 38:12 41:20 43:18 44:7 add 26:3 address 5:21 22:22 26:12 33:13 39:21 addressed 14:22 22:17,21 addressing 22:7 adjudicated 41:12 adjudication 3:25 27:6,12 29:3,17 administrator 12:1 adopted 9:22 advertised 17:25 affecting 5:14 affirm 54:10 affirmed 52:9 affirming 52:14 affix 15:24 42:19,20 affixed 42:24 43:4,11,15 affixing 43:3 against 39:23 40:1 50:14,24 agenda 19:23 20:2 40:14 ago 21:20 agreed 38:14 ahead 9:14 19:17 20:8 38:25 41:12 aide 2:22 5:3 allegation 15:21 allotted 18:19 20:22 allow 16:19 25:7 26:6 31:11 40:16 allowing 38:21 allows 32:6 alluded 36:13 alone 11:17 already 9:10 39:22,25 am 5:3 18:19 55:13,15,16 amended 16:18 30:17 37:6 amendment 35:24 40:7,14 52:8 54:7,8 among 40:4 41:10 amount 41:17 47:15,16 and/or 5:17 animosity 32:10 announce 21:7 anticipate 36:9 anybody 6:18 7:11 9:4,13 37:13 45:24 52:13 anymore 16:24 17:1 31:1 44:6 45:4,12 anyone 5:19 20:19 46:25 50:17 anything 28:22 42:7 43:11 apparent 40:19,20 appeal 3:4 9:16 11:10 13:14 14:22 16:4 18:5,13 20:2,5,6,7,15, 24 25:20 26:8 27:22 30:8 32:21,24 36:1,9,13 41:11,22 44:18 51:17,21 appealed 12:15 27:24 51:14 appealing 11:1 15:20 29:19 49:10 appear 17:4 appears 14:7 appellate 12:16 appendixes 16:2 APPERANCES 2:1 applause 45:23 applied 43:19 applies 16:21 22:15 24:19 29:4 42:23 apply 24:4 25:9 29:5 39:12 40:7 42:21 45:12 appreciated 22:24 appropriate 11:25 41:24 45:22,24 approved 43:20 approximately 37:21 38:4 approximations 38:6 aren't 21:11 24:1 47:12 argument 15:25 18:4,6,7,10,13 ,19 19:14 33:25 arguments 3:10 17:13 18:14 26:9 article 36:15,22 Appendix Page No. 241 442 230508 City Commission Meeting 08-16-2022 Page 58 assessment 35:8 assessments 35:11 assign 18:8 assistant 7:14 50:13 associated 55:16 assume 29:20 48:22 assuming 29:25 31:20,21 assumptions 43:13 attaches 48:13 attachment 43:9 attor 23:24 attorney 2:21 3:1,16,19 4:12 20:13 21:16 22:8 23:22 26:19 33:10 37:14 49:19,23 50:3 55:14 attorneys 55:16 audience 3:20 18:9 20:12 26:18 27:2 audio 54:20 55:8 August 1:3 55:19 authority 17:5 27:13 34:25 36:14 47:9 49:5,24 52:3 authorized 37:1 55:6 Avenue 11:7 46:8,15 award 7:15,18,21 aware 30:7,16 away 46:15 52:20 aye 9:2,3,12 ayes 9:13 B bailing 48:15 banner 8:4 base 12:17 43:8 based 3:4,7 15:16 basic 4:9 basically 27:4,17 basis 10:21 15:15 29:23 30:1,14 39:23 41:2 Bay 32:11 BCorey@southmia mifl.gov 2:17 became 42:9 become 50:11 beg 18:24 behalf 2:3 22:25 23:1 believe 24:7,10 29:14 31:18,25 37:23 38:11 40:24 42:12 believes 48:15 best 18:12 41:21 55:7 beyond 11:25 32:16,19,20 bias 51:4 biggest 47:3 bit 7:16 block 32:15 44:7 blocking 44:6 board 24:17 50:7 body 23:18 bond 36:8 books 16:25 31:1 41:6 45:12 bosses 50:24 boy 5:21,23 break 47:3 Brian 2:7 Briefly 52:1 bring 14:3 33:7 41:20 bringing 14:4 brings 16:22 Bryan 2:22 4:23,25 5:3 bryan.diallo@mi amidade.gov 5:23 BTR 15:1,5 23:25 28:18 29:13,16 30:15 31:24 40:5,16 41:9 45:2 47:9 52:4 53:13 buffer 43:25 bulky 33:6 bumped 6:12 business 9:18 11:4 12:6,11,12,13, 18 14:25 15:15 17:2,6 23:25 24:4,9,13,25 25:6,18 27:13,21 29:6,11,24 30:3,23 31:8 32:8 33:11 34:25 35:3,4,6,10 36:4,15 39:10 40:5 41:18,19 42:6 45:8,11,16,20 47:10,11,13 48:18 49:5 50:16,22,23,24 51:1,6 53:4 businesses 5:11,18 12:3 24:5 25:9 C capable 11:11 Appendix Page No. 242 443 230508 City Commission Meeting 08-16-2022 Page 59 car 8:5 care 8:7 carry 24:23 cars 6:20,21 7:25 case 13:14,15 15:13 34:11 40:8 41:21 45:5 48:11 50:6 52:4 cause 9:17 centerline 46:11 CEO 50:7 certainly 20:16 21:2,16 CERTIFICATE 55:1 certify 55:6,13 challenge 30:11 chance 3:5,21,23 10:16,17,18,24 14:19 27:7,14 28:7 33:25 52:24 change 34:23 46:2 changes 29:3 changing 11:22 chapter 7:19 35:3 charter 31:6,10,12,13 36:15,19,22 37:7 50:1,2 Chief 7:14 children 7:19,20 chose 27:13,15 chronograph 21:21 circuit 12:15 15:21 16:4 33:4 41:23 44:18 citation 38:12 39:8,18,23 42:13 citations 12:14 cite 44:8 cited 13:6 citizens 19:25 city 1:1,4 2:3,9,21,24 3:1,5,8,16,19, 25 4:11,15 6:23 9:17,23 11:11,18 12:1,3,10,19,2 1 13:14,21,24 14:3,10,16,20 15:3,5 17:6,7 18:15 20:13 21:15,16 22:8,11 23:17,19,23,24 24:11,12 26:7,19,22 27:12,23 28:3,16 29:6 30:16,22 31:3,7,11,12,1 3 33:10 34:23,24 35:6,9,13,15,1 6,21 36:16,23 37:1,7,9,10,14 ,25 39:12,22 40:2,11,14 41:8,13 42:5 43:22 44:2,8,24 46:9,13 47:4,5,8 49:4,23,25 50:3,4,7,9,10, 11,12,13,18,22 51:2 52:2 54:10 city's 3:23 11:21 12:5,23 14:7 15:15 27:7,19 29:3 30:2,10,19 31:6,10 38:21 civilly 47:25 48:6 claimed 23:2 claims 4:12 clarification 10:5 20:11 25:4 28:15 37:18 49:22 clarify 3:2 26:19 39:16 clear 23:4 27:2 31:6 39:13 42:3 46:1 48:3 52:21 clearer 27:1 clearly 23:4 clerk 9:5,7,14,15,23 12:21 13:9,24 14:11 22:11 23:19 35:18,20 50:4 54:2,6,8 clerk's 23:17 client 11:7 40:10 43:18 48:14 49:17 clients 53:3 client's 12:25 41:10 close 38:6 closely 14:20 code 3:24 11:22 12:10,14,19 13:5 14:3,11,13,15, 20 15:9,17,18 16:7,18,21,22, 23,25 17:1 21:18,19 24:10 27:8,19 28:17,23 29:3,8,10,12 30:1,11,17,19, 20,24,25 31:5,12,19 32:4,14 34:23 38:21 39:22 40:3,7,14,15,2 4 41:1,6 42:5,23,25 43:1,7 44:14,19,23 45:3 Appendix Page No. 243 444 230508 City Commission Meeting 08-16-2022 Page 60 colleagues 31:25 collectible 36:11 coming 20:15 25:24 comment 10:13 comments 6:11 21:14 26:14 45:23,25 53:14 commercial 16:16,19 46:3,6,8 commission 1:1 2:22 5:3 6:17 7:11 15:13 16:5,17 17:7,14 20:15 21:1 22:21 23:18,19 26:1,5 30:16 31:4 35:17 36:20,21,23 37:1,5,7,11 40:9,11,14 46:10,13,25 50:3,10,15,25 51:8 Commissioner 2:5,6,7,8 5:4 19:18 32:2 49:19 51:11,16 52:2 commissioners 10:4 14:23 committed 4:1 34:11,13,14,17 community 5:7,9,13,14 6:3 7:18 48:16,18 company 9:18 55:9 competent 29:9 complaining 44:6 complaints 44:2,4 53:10 completely 38:20 concern 13:4,5 47:3,17 concerning 30:4 concerns 46:23 47:2 confident 51:20,22,23 confirm 53:17 congratulate 7:14 connected 55:15 consecutive 17:8 consider 25:14,19 36:2 considering 21:17 conspicuous 42:11 Constitution 11:20 34:9,13 41:3 constitutional 41:10 constitutionall y 40:8 41:21 construction 25:8 constructive 30:14 constructively 12:12 45:1 construed 11:10 43:10 contact 5:20 contained 36:21 container 42:22 containers 15:20,22 42:11 content 48:24 contention 48:23,24 contested 30:12 contesting 49:8,9 continue 16:25 17:12 19:13 20:8,10 28:13,14 30:24 31:2 40:3 continuing 31:4 controversy 44:1 Corey 2:7 48:21 49:3,19 53:21,22 54:13,14 correct 23:8,23 46:4 49:24 corrected 13:15 COUNCIL 2:3 counsel 55:14,15,16 counting 38:1 COUNTY 55:4 couple 7:13 21:19,23 22:1 31:17 course 11:7,18 30:6 44:16 court 12:15 15:21 16:4 33:4 36:7 41:21,23 44:18 51:12 courtesy 39:11 42:9 courts 30:12 41:11 COVID 21:22 create 37:8 critical 11:17 criticism 11:11 current 14:15 currently 12:15 15:20 47:20 48:22 customary 34:4 D daily 38:9 dais 7:11 8:8 27:2 Appendix Page No. 244 445 230508 City Commission Meeting 08-16-2022 Page 61 date 1:3 22:15 47:12 David 5:24 day 15:8 19:8 days 25:11 38:19 39:11 DCA 51:17 deal 39:9 deals 15:19 dealt 16:9,14 debts 35:6 decide 31:8 47:1 decided 18:11 26:6 27:24 28:25 46:10,14 decision 3:4 4:15 9:16 11:17,24 12:5,17 26:7 27:16,18 29:2 30:2 34:22 35:16 38:1 44:25 51:16,18 52:14 53:19 54:11 deemed 16:16 defend 50:16 51:5 defended 50:25 defer 18:21,25 28:5 deficiencies 17:12 definitely 46:24 52:3 definition 42:25 43:14 delinquent 35:8 demarcation 46:9 deputy 50:12 development 15:18 30:11 32:4 42:25 43:1 Diallo 2:22 4:23 5:3 difference 53:7 different 24:22 44:19 differently 20:23 47:11 digest 15:11 direct 12:8 29:17 directly 45:1 directors 50:7 dirt 45:19 disagrees 41:15 discuss 12:1 19:15 39:6 47:19 discussion 6:17 39:3 42:18 51:25 Dismiss 17:14 disregarded 38:20 dissenting 50:21 district 5:5 51:12 documented 44:12 done 3:24 32:7,8 33:14 42:1 door 39:17 doors 32:12 doubt 11:19 Drive 1:5 2:10 drone 17:12 dropped 52:6 due 11:20 12:25 32:10 35:6,13 41:3 dumpster 25:10 during 10:9 14:22 38:19 duties 36:16,18,20 37:11 duty 36:17 E eagerness 53:8 early 42:14 effect 23:11 40:17 effectively 12:6,12 efforts 32:11 eight 52:5 either 23:11 25:6,10 26:2,18 41:1 else 12:10 50:17 e-mail 2:14 5:20 12:19 13:12 employee 55:14 employees 50:2 empower 31:7 enacted 22:13 23:6 35:17,25 37:5 enactment 35:23 encourage 17:15 endeavors 5:19 enforced 39:22 40:1 enforcement 7:18 16:6 21:25 24:3 33:5 36:5 42:5 43:7 engage 42:1 engaged 42:15 entered 38:3 enthusiasm 53:2,5 entire 5:9 entitled 35:5 41:3,8 equally 51:23 Appendix Page No. 245 446 230508 City Commission Meeting 08-16-2022 Page 62 equivalent 29:15 especially 21:13 establish 37:2 established 43:6 evening 4:25 11:2 21:5 events 5:15,17 everybody 24:19,20 everyone 22:15 27:2 everything 40:17 45:18 51:1 evidence 3:6,7 4:12 13:17,19 18:5,15 19:10,11 29:10 exactly 23:5 37:4 40:6 46:21 example 12:14 excuse 29:1 exercise 53:9 exercised 51:3 exhibits 12:22 14:7,8 33:6 35:19,20,21 exist 15:10 16:24 31:1 45:4 exists 28:18 expand 3:20 expended 32:11 expert 11:18 21:17 explain 10:1 39:7 expressly 13:17 16:19 31:11 extend 46:7 extended 31:16 extent 47:19 F Facsimile 2:13 fact 16:10 29:9 33:1 38:8 40:6 48:25 52:23 facts 15:12 failure 34:10 fair 11:13,16 21:5,11,12 24:3 fairness 47:22 faith 43:21 fall 29:21 31:19 falls 23:17 familiar 16:13 21:11 52:5 fast 44:9 favor 9:1 favored 50:21 feel 29:16 41:23 45:12 feeling 28:5 feelings 26:10 feels 26:1 51:22 fees 35:9,12 FEMALE 10:20 filed 9:16 30:7 filings 16:1 final 27:15,16,18 28:7 29:2,17 31:17 finally 31:5 42:10 43:23 financial 43:24 financially 55:17 finds 29:8 fine 36:6,10 37:3 38:4,9 fined 38:18 fines 12:10 24:1,8,9,15,22 27:9 37:8,20,22,24 38:5,13 47:12,22,23,25 48:12,21 49:7,9 51:10 finished 19:6,14,16 first 4:24 8:6,21 17:22 20:14 21:8 22:5 39:21 42:9 fit 2:23 3:4,5,9 4:1 9:16 10:1 11:3 13:6 15:16 16:10 17:3 18:8 23:3 26:11 27:7,18 29:5,16 30:5,15,21 39:24 44:14 45:18 FIT's 12:6 13:18 29:18 42:6 five 23:18 float 8:4 floats 7:25 Florida 1:6 2:11 34:20 55:3 folks 6:2 10:5 19:1 foregoing 55:8 forget 33:24 forward 26:9 47:7 fought 50:13,14,24 frankly 11:16 40:20 free 6:23 freebies 6:25 frequently 42:5 friends 53:3 Appendix Page No. 246 447 230508 City Commission Meeting 08-16-2022 Page 63 front 39:14 full 24:1 49:7 50:9 functional 29:15 functioning 41:19 44:7 functions 50:1 futile 43:19 future 26:2 G Gabriel 11:8 game 51:15 general 11:12 getting 7:15 25:19 Gil 2:5 9:24 52:1,12,16 53:23,24 54:11,12 gist 27:10 given 3:9 38:9,12 52:24 53:9 gives 37:7,9 39:15 giving 18:3 goal 5:7 gone 49:13 53:11 government 49:25 50:1 grand 32:12,14 great 8:21 48:18 gripe 12:5 ground 43:3 51:7 grounds 14:3 Group 2:5,6,7,8 guess 25:7 38:22 46:25 guilty 30:9 guys 41:25 H Hall 1:4 2:9 hand 51:13 handle 28:3 handled 20:17,23 47:24 hands 11:17 33:16 happen 5:16 38:23 46:3 49:22 52:22 happened 4:16,17 13:8 happens 45:13 happy 7:21 40:9 Harris 2:8 7:2,4,7,9 8:10,12,15,18, 20 9:11,20,22 18:23 20:24 33:15,19,21 51:9,11,13,24 53:19,20 54:15,16 haven't 14:18 28:24 54:2 having 10:4 21:22 25:15 38:2 41:20 head 11:25 health 8:7 hear 5:10,12 6:1 15:14 19:7 21:2,6,13 46:24 51:7 heard 13:2 19:12 20:13 28:16 37:19 41:4 50:4 55:11 hearing 3:8 7:12 10:9 13:20 14:1,16 15:6,9 17:24 18:1,2 19:19,20,21,22 20:12,19,23 26:1 32:2 35:19,22 40:12,18 43:6 44:21,22 52:19 hearings 20:18 held 35:22 49:3 help 5:15 helped 48:19 Heroes 7:23 8:6 herself 53:8 he's 18:6,12 23:6 48:15 hinges 41:19 home 3:21 27:3 Hometown 7:23 8:6 Honor 32:16 34:4 hoping 8:2 38:22 hour 4:7 hourly 13:18 household 23:12 huge 53:7 Huh 7:3,7 8:18 I I-A-L-L- O@miamidade.go v 5:24 I'd 3:16,19 7:13 8:12,20,22 20:9 21:18 37:17 40:9 51:7 52:7 idea 40:13 ideas 5:12 8:3 II 2:6 III 2:7 I'll 6:9 28:14 45:5 49:21 illegal 34:10,12,15,16 38:10 illegally 6:21 I'm 5:2 8:2 Appendix Page No. 247 448 230508 City Commission Meeting 08-16-2022 Page 64 9:14 11:2 13:25 14:5 19:16 21:16 22:19 23:9 30:6 33:19,23 47:18 49:15 immediately 23:11 impact 21:25 impending 24:22 implications 12:2 important 4:11 imposed 37:4 49:8 Inc 55:9 inclined 16:5 17:14 21:1 include 46:14 including 5:11 44:15 independent 47:10 49:3 individuals 5:18 indulge 26:15 informed 43:18 infraction 27:21 49:1 infractions 47:6,7 installed 32:12 instead 27:14 intensive 11:16 interest 48:14 interested 55:17 interpretation 11:21 interpreted 46:11 interrupt 4:18 33:23 intimidating 21:9 introduce 5:2,6 introduced 13:20 35:21 introduction 12:24 invested 45:18 iota 34:23 isn't 52:6 issue 24:2 26:12 27:14,17 42:8,9 issued 15:17 26:24 36:6 37:24 42:12,13 issues 5:1,13 6:2 13:4 28:8 item 3:2 6:7 8:15 9:5,7,15 17:23 22:1,22,23 23:2,12,21 54:1,2,4,10 items 20:17,20 iteration 14:15 It'll 36:11 IV 2:8 I've 14:12 28:16,22,23 37:18,19 J JLiebman@southm iamifl.gov 2:16 job 21:12 49:18,20 joggers 39:24 jogging 16:14,23 39:24 45:3,9 Josh 2:6 judge 41:14,16 51:12 July 7:15 42:13 jump 15:4 June 3:9 4:17 11:14 12:2 13:8,16,20 14:1,16 15:9 18:16 26:24 28:25 29:1 30:7 35:22 40:18 52:19 53:12 justice 32:6 justification 47:21 K Kamali 2:24 13:22 28:24 33:8,10 39:7 Kamali's 13:16 30:2 KATIE 55:24 Kia 6:24 kill 15:15 killing 40:5 kindly 18:18 kinds 7:24 knew 23:5 35:23 knock 39:17 Kyle 2:23 6:5 11:2 L land 15:18 30:10 32:4 42:24 43:1 48:13 lap 52:7 large 5:7 42:16 last 3:5 27:7 36:12 late 7:16 12:23 42:14 later 25:23 31:18 34:15 law 7:18 34:18,20 40:9 45:5 47:13 layman's 26:25 27:11 learned 32:4 least 21:13 36:10 44:20 Appendix Page No. 248 449 230508 City Commission Meeting 08-16-2022 Page 65 50:20 leave 11:16 legal 3:10 11:21 18:14 25:20 26:8,12 legally 11:16 31:3,4 legitimate 49:11 let's 7:10 letter 11:14 12:2 13:16,22 26:20,21,23 28:25 29:1 36:13 40:22,23 47:4 52:23 lgil@southmiami fl.gov 2:15 liaison 5:8 license 12:7,13,18 17:3,6 23:25 27:13 29:11,24 31:8 41:18 45:17 49:5 50:23 52:20 license/ business 15:1 Liebman 2:6 3:14,16,19 4:4 8:25 9:8 17:17,19,22 18:17 20:9,25 22:4,8 23:8,15,17 24:8,17,21 25:1,4,22 26:13,23,25 27:11,20 28:2,7,11 32:2 37:15,17 38:7,24 39:1,4 46:24 48:4,9 49:21 52:2 53:16,18 54:17,18 Liebman's 19:18 life 8:22 lightning 32:9 likely 36:8 limitations 13:18 limited 4:7 line 46:9 52:8 listed 17:23 listen 21:12 49:16 little 7:15 LLC 2:23 9:16 11:3 loath 33:23 local 11:3 12:3,13 32:7 49:25 logistically 42:17 long 24:3 27:18 longer 47:17 loss 43:24 lost 21:23 lot 3:20 4:6 9:13 14:21 16:11 21:4,8,10 28:23 32:1,5,8 39:20 40:21 48:17,19 lots 7:22 love 5:10,16 6:1 40:12 51:7 Luis 2:5 M ma'am 11:2 33:9 39:6 Madam 3:14 9:5,14 10:3 13:12 17:17 21:6,16 25:22 26:15 33:8 38:24 39:7,20 magazine 7:16 magistrate 27:22,25 28:6 29:8 30:9 37:24 38:3,14,18 47:8 49:4 51:9 magistrate's 33:5 36:6 mail 5:21 maintain 15:23 majority 8:21 50:14,20 MALE 6:19 man 45:17 manager 2:24 3:5,8,25 9:17 11:12,18 13:21 15:3,5 17:7 18:15 21:16 23:24 24:12 26:8,19,22 27:12,23 28:3 31:7 34:24 35:15,22 36:14,16,17 37:9,10 47:5,8 49:4,24,25 50:3,7,9,11,12 ,13,18,22 52:2 managers 31:11 manager's 4:15 34:22 38:1 51:3 54:10 March 38:10 master 39:14,15 material 13:8 materials 12:24 13:2,3,24 matter 22:13 24:14 may 4:8 6:19 15:2,5 17:19 18:18 21:9 25:23 26:3 28:24 30:8 31:17 33:5 36:19 38:12,24 39:1,7 41:14,16 maybe 4:10 20:16 23:21 26:16,18 28:20 31:16 42:19 mayor 2:3,4 3:14 10:3 Appendix Page No. 249 450 230508 City Commission Meeting 08-16-2022 Page 66 13:12 17:17 21:6 23:10 25:23 26:3,15 33:8 38:24 39:7,20 mean 13:10 18:4 46:11 48:15 49:15 means 27:12 50:2,12 51:3 meant 11:23 meet 5:10 43:14 meeting 1:1 35:25 53:12 member 48:16 members 18:9 22:25 26:6 memory 21:21 mentioned 5:1,5 13:22 merits 25:20 Miami 1:6 2:3,11 5:7,9 6:3 8:1,3 12:4 29:6 41:14 Miami-Dade 7:18 middle 51:6 midst 43:21 Milestone 55:9 mind 5:10 10:7 43:24 46:1 minded 11:13 minute 9:7 26:16 minutes 4:8 21:3 missed 20:4 misspeak 23:23 mister 9:25 money 32:11 35:9,12 months 23:15,21 moot 25:21 mooted 30:24 morning 12:22 23:11 motion 7:6,8 16:3,6 17:14 33:3 36:5 52:11,15 53:14 move 7:4 8:15,22 9:5,22 25:9 42:17 moving 54:1 multiple 28:8 municipal 31:9 Municode 14:12 15:10 22:12 28:21 Murdered 7:19 myself 5:2,6 N Nanney 7:14 narrow 13:4 nature 20:16 35:12 nay 9:14 necessary 25:21 36:3 negotiated 47:16 48:22 negotiations 38:16,19 42:16 43:22 47:20 neighbors 44:3,5 nice 7:22 night 22:17 23:5,9 nobody 10:10 noise 32:15 44:2 none 7:12 32:23 nonexistent 40:3 nonpayment 28:17 nor 55:14,16 note 22:16 30:6 nothing 38:11 42:2 notice 13:1 23:7 30:7 36:13 38:10 41:5 42:10 O O@miamidade.gov 5:22 object 10:21 12:23 41:2 43:4 48:8,11 49:6 objected 14:2 objection 12:20 13:25 14:16 objections 28:16 obligated 37:10 obviously 41:15 October 7:24 42:15 office 5:4,8,15,25 23:18 Offices 55:8 oftentimes 50:15 oh 36:12 54:4,7 okay 4:5 6:10,14,16 7:9 8:14,22 9:14,25 10:24 17:22 18:17 19:17 20:10,25 22:4,9 23:8 24:21 25:1,22 27:20 28:2,11 34:8,21 38:24 46:20 48:2 51:19 52:17 54:9 O'MALLEY 55:24 one-day 39:8 ones 6:22 onto 52:7 open 13:19 opens 13:18 Appendix Page No. 250 451 230508 City Commission Meeting 08-16-2022 Page 67 operate 15:2 Operating 11:6 opinion 10:23 opportunities 18:3 opportunity 3:10 5:6 6:4 10:6 13:1 18:14 27:22 39:15 41:4,20 opposed 9:4 ORANGE 55:4 order 7:17 8:17,19 9:17 17:5 29:23 30:8,12 33:6,17,18,22 36:6,7 38:3 ordinance 22:15 23:6 35:17 36:23,25 37:9 ordinances 16:18 27:19 31:12 36:22 37:12 organizations 5:12,18 Otherwise 42:21 outbursts 45:23 outcome 55:17 outdated 31:5 outdoor 16:16 outright 29:17 outset 11:10 12:8,20 outside 15:2 16:14,20,23 30:18 31:15 39:25 45:3,10 outstanding 27:9 37:18,20,22 47:12 owed 24:11,16 owner 29:6 47:25 48:5 owns 45:20 P p.m 12:21 packet 14:5,10 page 15:4 26:20 pages 14:9,23 paid 24:1,15 36:10 41:8 47:12 51:10 paper 10:18 parade 7:23,24 8:5 parameters 30:21 paraphrase 23:9 pardon 18:24 23:24 Parents 7:19 park 6:21 parked 6:21 parking 16:11 particular 29:4 parties 55:14,15 partner 5:17 passed 21:19,23 22:10,13 23:10 past 3:24 20:19 patrons 19:9 32:1 53:2 pay 12:9 24:5,11 27:8 29:12 35:11 41:17 paying 41:19 payment 33:12 35:6,8 41:7 49:7 Payne 12:21 pays 41:12 penalty 37:2,4 pending 12:10 29:12 40:2 41:7 44:14 people 3:20 4:6,9,10,19,21 ,23 5:11 8:2,8 9:12 16:14 18:4,22 19:7 20:1 21:4,8,11,13 22:24 26:18 48:19 50:15 Pepe 2:21 3:2,12,23 18:2 22:10,19,21 23:14,16 24:7,10,19,24 25:2,13 26:3,5,21,24 27:4,15 28:1,3,10,19 32:16,19,21,23 33:2,13,24 34:7,9,20,22 35:15 37:21 38:8 40:25 41:15 46:4,8,13,19,2 1 51:21 perform 36:18 37:10 period 15:8 16:11 17:9 25:17 27:5 31:16,20 35:2 38:15 42:2,4 52:9 permanent 43:2,10 permanently 15:24 42:20,23 43:3,4,11,15 permit 15:1,6 25:9,15 42:20,21,22 43:17,19 permitted 15:23 25:6 person 10:1 21:2 35:7 50:19 personal 32:10 personally 5:10 pertinent 14:11 40:24 Philips 2:4 Appendix Page No. 251 452 230508 City Commission Meeting 08-16-2022 Page 68 3:1,11,13,15,1 8 4:3 6:5,10,14,16,2 5 7:3,6,8,10 8:11,14,17,19, 24 9:1,4,10,12,21 ,25 10:8,12,14,16, 19,24 11:5 13:7 17:18,21 18:20,24 19:2,6,10,17,2 0,24 20:2,5,8 22:3,6,9,18,20 26:4 28:12 32:22 33:9,17,20,22 34:2,5,8,18,21 35:14 37:13,16 38:25 39:2,5,19 45:21 46:5,12,18,20, 22 51:19,25 52:10,13,17 53:19,21,23,25 54:4,7,9,13,15 ,17,19 PHLLIPS 4:5 pick 42:18 planning 5:16 plans 43:16,17 48:19 please 5:20 9:6 30:6 45:21 pleased 7:21 pleasure 11:13 plus 32:14 pod 25:8,10 44:15 pods 15:22 25:15 30:5 32:13 36:1 38:2,3,7,10,21 41:13,22 42:7,16 43:7,8,23,25 44:5 point 10:5 19:18 25:14 26:2 39:3 42:12 43:20 44:24 47:6 50:17 52:21 53:13 points 28:15 pole 44:23 pop 32:12 position 31:3 47:1,5 51:4 possible 5:11,17,19 possibly 43:10 45:1 post 36:8 potential 30:2 potentially 47:1 pots 16:8 power 31:9 36:17 37:7 Powers 36:16 premature 12:17 premises 25:16 prerequisite 35:7,10 present 2:20 3:10 19:11 33:3 40:10 presented 3:6,8 18:6,15 25:25 32:24 40:17 presenting 6:7 19:11 48:10 presents 13:14 preserved 14:2 presumably 14:23 pretty 38:6 previously 50:23 primary 12:5 principles 11:20 printed 16:2 probably 28:5 problem 49:11 problematic 41:9,22 problems 11:14 14:21 proceedings 13:4 14:4,9 process 11:20 12:16,25 21:9 39:8 41:3 prohibited 16:16 31:4 39:24 prohibits 34:9 prolong 51:5 property 15:24,25 16:12,15 25:7 30:6 31:15 39:25 42:6,8,12,19,2 1 43:5,12 44:10,17 45:15 47:25 48:1,5 prosecute 16:25 30:24 31:2 34:10,16 protect 7:20 50:16 protocol 21:10 provide 10:13 26:9 37:2 40:9 provided 13:3 41:1 55:8 providers 8:7 provides 34:24 35:7 36:17,23 provision 15:9 16:22,24 28:20 30:17,20 40:3,15,24 41:6 42:23 44:23 45:4 provisions 15:17 30:1 31:5 44:19 public 4:5 6:11 Appendix Page No. 252 453 230508 City Commission Meeting 08-16-2022 Page 69 10:9,13 16:14 17:24 18:1,2 19:19,20,21 20:11,12,18,19 ,20,23 21:12,14 23:1 26:2,6,14 30:18 32:2 39:25 44:12 46:15 publicly 47:19 pull 29:11 52:3 purported 13:17,19 16:21 purports 31:12 purposes 11:24 30:22 31:24 44:24 putting 35:18 Q quasi-judicial 19:21 question 3:17 17:23 20:25 22:5,7,23 23:22 24:2 26:23 34:12 35:18 37:16 questions 17:20 22:1 25:23,24 37:14 quick 12:20 quite 16:13 52:21 quotes 14:11 R raise 12:20 14:15 33:16 raised 14:18 raising 13:25 Raquel 5:4 rather 19:5 25:19 52:25 reach 38:16 reached 5:25 react 45:7 real 45:15 really 5:2,8 15:11 25:21 30:19 41:24 47:2,3 52:25 53:1,4,12 reason 10:15 20:21 reasonable 13:1 41:4 49:17 reasons 17:10 41:9 rebuttal 33:25 34:2,3 39:5 receipt 9:18 12:11 15:1 24:13,25 25:18 29:24 30:3,23 34:25 35:3,5,6,11 36:4,15 47:14 receive 14:5 41:5 received 12:19 13:24 14:6,10 receiving 24:9 recently 32:4 record 12:23 14:2 26:8 32:17,18,19,20 ,25 42:3 44:4,12,18 50:21 recording 55:11 reduce 44:4 redundancy 21:3 reference 40:22 referenced 40:25 referred 23:1 37:25 50:5 referring 26:21 51:12 reflects 42:3 44:4 refresh 21:21 Regalado 5:4 regard 21:17 22:12 35:4 36:1 regarding 6:2 9:17 16:7 24:2 25:5 33:11 43:6 50:6 regulation 37:3 regulations 37:8 reissuance 35:10 Reissue 35:5 relating 9:15 relative 21:14 55:13,15 relevant 13:3 23:21 43:6 relied 13:13,23 30:1,13,20 31:23 44:20 rely 13:16 30:22 45:5 relying 45:3 remarks 4:6 7:11 10:9 remove 44:9,16 removed 30:5 renew 12:11 24:13 29:13 renewal 29:14 renewed 47:14 renewing 24:15 repealed 34:15 reply 34:1 report 50:2 reported 13:5 Reporting 55:9 reports 6:17 23:19 represent 11:3 representation 55:10 representative 2:23 11:8 Appendix Page No. 253 454 230508 City Commission Meeting 08-16-2022 Page 70 18:7,10 reprieve 27:17 request 3:3 18:18 28:19 requested 39:12 require 36:8 required 24:5 31:20 35:11 36:19,20 requires 44:22 research 40:21 residences 24:22,23 residential 25:7 residents 24:24 50:8 resolution 9:15,22 19:23 20:3,12 36:24 38:17 49:16 Resolutions 17:24 respect 13:2 40:10,12 respectfully 13:12 17:11,15 19:4 28:19 responders 8:7 response 4:4 responsibility 47:24 responsible 48:5,12 rest 4:10 result 45:1 47:23 results 28:18 retained 42:15 retroactively 40:8 45:7 retroactivity 39:21 review 28:21 reviewing 31:6 revision 14:20 revo 30:14 revocation 12:8,18 15:5 25:18 28:18 30:3,15 31:24 40:16 45:2 revoke 12:6 15:5 17:2,6 23:25 27:13 29:23 30:23 31:8 34:25 35:2 36:3,14 47:9 49:5 52:3,20 53:13 revoked 9:19 15:2 25:3 50:22 revoking 12:12 24:14 29:16 40:4 rights 12:25 29:18 41:11 road 49:13 roadway 46:11 rod 32:9 room 11:9 rule 29:4,7 37:3 rules 37:8 run 30:17 38:13 running 16:10 31:14,15 46:2 R-Y-A-N.D-I-A- L-L 5:21 S Sally 2:4 7:2 satisfied 47:15 48:21 scheduled 3:3 second 6:20 8:24,25 9:9,24 48:8 52:13 seconded 52:18 section 14:4 15:18 16:8,9,12 17:3,4 29:20,21 30:4,10,15 31:14 33:11 34:24 35:4,5 36:16,22 40:25 41:1 sections 14:11 30:25 seeking 33:4 seemed 52:21 Seems 38:7 seen 14:18 28:22,24 sell 43:23 send 45:5 sense 11:12 sent 13:9,11,12 sentence 52:8 separate 26:17 September 22:10,14,17 29:14 31:18 40:11 42:14 47:13 series 17:19 43:12 served 43:25 settlement 38:17 42:15 43:21 44:11,13 settling 44:10 seven 5:5 52:5 severe 38:7,8 share 16:1,5 47:1 shareholders 50:8 Shari 2:24 sheet 4:22 21:7 she's 50:11 52:4,5 showed 10:5 shut 45:7 Appendix Page No. 254 455 230508 City Commission Meeting 08-16-2022 Page 71 shuttles 6:23 sides 26:17 sidewalk 30:18 46:14,16,18 sidewalks 46:3 sign 9:23 10:18 21:7 signed 4:20 10:10 23:10 sign-up 4:22 similar 24:9 simple 15:13 single 21:2 sir 3:1,15 17:18 37:16 sit 4:18 19:14 51:18 sitting 7:1 situation 48:11 six 32:14 skill 11:24 sky 52:7 sold 43:23 somehow 29:21 someone 4:16 20:3 somewhat 32:9 somewhere 42:17 sorry 9:8,14 22:19 24:8 sort 12:17 21:22 29:7 41:7 43:9 44:25 49:16 50:20 Soul 6:24 sound 40:17 44:7 South 1:6 2:3,11 5:7,9 6:3 8:1,3 12:4 29:6 41:13 Southwest 11:7 speak 4:20,24 8:9 10:6 18:3,4 20:20 26:6 32:1 33:16,24 SPEAKER 6:19 7:1 10:20 speaking 6:6 special 28:5 29:8 30:8 33:5 36:5 37:23 38:3 39:14,15 specific 24:18 specifically 22:22 23:1 specified 36:19 37:11 spent 28:23 32:15 Sphilips@southm iamifl.gov 2:14 spoke 22:25 23:1 spot 53:5 stand 13:15 17:10 stands 8:6 star 44:23 started 43:22 44:1 starting 44:3 starts 4:16 state 11:9 55:3 states 14:24 34:19 statute 34:15 stay 16:4,6 33:3,4 36:5,7 38:21 step 26:16 stop 45:21,22 storage 15:19 16:7,8 25:5 30:4 32:13 41:13 42:7,11,22 43:7,8 44:15 store 25:10 strike 29:7 strikes 40:16 structure 15:2 structures 42:24,25 43:2,14 Stunna 2:23 Stunna's 3:3,5,9 4:1 9:16 10:1 11:3 12:6 13:5,18 15:16 16:10 17:3 18:8 23:3 26:11 27:7,18 29:5,16,18 30:5,9,15 39:24 40:1 42:6 44:2,14 45:18 subject 32:14 43:5 submitted 35:20 55:19 subparagraph 36:18 37:6 subsection 14:24 15:4,7,8 17:4,9 29:22 31:21 35:24 44:22 subsection(v 14:25 substantial 29:10 32:6 43:24 substantiate 44:25 sufficient 13:1 35:2 41:5 suggested 38:17 suggestions 53:11 sums 35:12 Sunday 7:24 Sunset 1:5 2:10 support 5:17,19 6:3 10:22 22:24 32:3 Appendix Page No. 255 456 230508 City Commission Meeting 08-16-2022 Page 72 48:17 50:9 supposed 14:8 sure 3:18 14:1 28:14 30:6 39:16 48:7,9 surprise 39:9 surprised 52:19 53:12 suspended 15:3 T taking 45:13,14 talk 6:18 10:25 talking 4:14 5:1 13:7 talks 43:1,2 targeting 23:3 tax 9:18 12:11 15:1 24:13,25 25:18 29:24 30:3,23 34:25 35:3,5,6,10 36:4,15 47:14 taxes 24:5,8 33:11 35:8,11 Teal 2:23 6:5,6,9,12,15 10:2,3,11,13,1 5,18,21 11:2,3,6 13:11 18:11,18,21,25 19:4,7,16,18,2 3,25 20:4,7 28:12,14 32:18,20,25 33:3,14,23 34:3 36:12 39:3,19,20 48:2,7,10 49:2,6 51:11,15,20 Telephone 2:12 temporarily 25:8,11 temporary 15:19 42:22 ten 20:13 tenant 47:23 48:4,12 tension 44:1 terms 26:14 27:1,11 40:13 testimonial 26:10 thank 3:11,12,13 6:3,5,15 9:1 10:3 11:6 17:19,22 22:4 25:22 28:11,14 33:2 34:4 37:12 39:4,19,20 45:20 51:24 53:25 Thanks 10:4 51:8 that'd 51:15 theoretically 4:21 therefore 37:6 45:10 there's 7:23 8:8 10:15 14:21 16:8 17:25 18:5 21:10 32:11 37:21 41:6,7 42:18 48:19 50:1,17 they'll 10:6 they're 8:1 10:15 25:6 31:1,22 48:22 49:10 they've 18:11 Third 51:17 third-party 49:4 Thomas 2:21 thoughts 5:12 threatening 15:15 throws 53:8 tied 48:1 timeframe 21:19 tipping 50:17 titled 20:3,22 today 3:6 12:20 13:24 14:6 47:4 today's 14:8 tonight 3:7 10:4,6 11:15 12:4 16:15,22 18:22 19:1 32:3 37:19 total 20:17 tow 6:20 transcribe 55:7 transcript 55:10 TRANSCRIPTIONIS T 55:1 treated 29:19 47:10 trees 16:3 tried 14:12 truck 16:10 31:15 true 42:1 55:10 try 5:16 32:15 38:16 51:6 trying 7:20 30:23 43:22 44:17 tweaking 40:15 type 6:2 13:23 30:21 40:7 typo 40:23 U Uh-huh 35:14 46:12 ultimately 49:15 undeniable 15:12 underlying 30:13 40:5 undersigned 55:6 understand Appendix Page No. 256 457 230508 City Commission Meeting 08-16-2022 Page 73 19:25 23:20 26:13 53:6 understandably 40:19 understanding 13:13 14:9 27:1,3 48:14 unfoundedly 23:2 UNIDENTIFIED 6:19 7:1 10:20 unilaterally 31:7 United 34:18 units 25:5 unto 35:9 update 14:17 updated 14:14,18 21:18,24 23:12,20 32:6 upheld 47:8 uphold 4:14,15 upholds 51:9 upon 3:4,7 13:14,23 27:24 30:1,13,20 31:23 40:16 44:20 V vacates 48:4 various 12:21 Varona 11:8 22:16 23:4 32:15 35:23 40:12,19 vehicle 6:22 vehicles 6:22 verbal 4:4 version 32:6 vested 45:16,17,19 videos 12:22 violate 3:23 violated 14:3 29:9 violates 31:13 violating 30:10 violation 12:10,19,24 16:7,23 17:1 25:15 28:17 29:8,10 30:19 31:14 32:14 35:1,2 37:3 38:1,2 39:13 40:2,6 41:2 violations 4:1 13:5,17 15:7,16 16:21 17:8 25:16 27:5 29:13 30:22,25 31:17,19 36:3 37:25 44:15,24 virtually 50:5 vitamin 54:9 vote 9:8,9 50:21 53:15,16,25 54:11,19 voted 9:10 54:2 voting 53:16 W wait 6:7 7:10 27:23 39:13 Walter 2:8 8:14 warning 28:8 39:10 warrant 25:17 wasn't 38:11 40:20 43:15 watching 27:3 ways 5:14 44:9 website 14:14 21:24 we'd 5:16 6:1 welcome 6:16 we'll 19:15 42:19,20 we're 4:7 8:11 11:15 12:4 13:10,23 17:25 18:3 26:20 29:19,20 33:4 41:16 45:7 49:8,9,10 50:6 51:20,21,22 52:14 53:15,16 54:1 west 46:18 we've 12:25 49:13 WHarris@southmi amifl.gov 2:18 whatever 6:11 47:15 52:16 whatsoever 35:12 wheelhouse 11:22 whether 4:14 13:9 31:8 45:1 51:16,17 white 6:24 whoever 51:13 whole 17:7 44:1 54:3,5,10 whom 50:4 who's 32:8 who've 20:1 willing 15:14 49:16 win 36:9 51:21 wish 53:4 wishes 53:11 withheld 3:25 withhold 27:6,11 wonderful 52:25 53:1 wondering 8:1 47:18 work 7:19 11:13 25:12 44:17 worked 49:12 working 44:11,13 works 12:16 Appendix Page No. 257 458 230508 City Commission Meeting 08-16-2022 Page 74 30:11 49:25 written 36:24 wrong 23:9 Y Y-A-N.D 5:24 year-and-a-half 21:20 yelling 53:6 yet 28:24 41:17 you've 19:12 24:15 50:4 Z zone 46:3,6 Zoom 3:21 Appendix Page No. 258 459 EXHIBIT 3 Appendix Page No. 259 460 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY STUNNAS FIT LLC, et al. APPELLATE DIVISON Appellants, APPEAL NO.: 22-AP-000035 v. L.T. CASE NO.: 21-00251 CITY OF SOUTH MIAMI, Appellee. __________________________/ APPELLANT STUNNAS FIT LLC’S MOTION TO STAY CODE ENFORCEMENT ORDER PENDING APPEAL Pursuant to Florida Rule of Appellate Procedure 9.190(e)(3), Appellant Stunnas Fit LLC (“Appellant” or “Stunnas”) hereby moves this Court for a stay pending appeal (the “Motion”) of the City of South Miami Code Enforcement Special Magistrate’s Order Imposing Fines dated May 20, 2022 (the “Order”).1 In support, Stunnas states: INTRODUCTION This is an appeal from the Order imposing fines which stem from Stunnas’ temporary placement of three storage pods on real property where it operates its business as a Personal Skills Instruction Studio. Although the only evidence presented by the City consisted of its sole witness’s 1 Along with this Motion, Stunnas concurrently served an Appendix. The Appendix shall be referenced herein as “(App.)” and shall be followed by the appropriate references to the page numbers as set forth in the Index. Filing # 155179596 E-Filed 08/11/2022 06:48:36 PM Appendix Page No. 260 461 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 2 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 unsubstantiated assumption that the pods violated the cited provision of the City’s code, which under its plain language applies only to permanently affixed “structures,” the Special Magistrate found competent substantial evidence to support the alleged violation. The Special Magistrate also impermissibly relied on a code provision that was not asserted by the City until the day of Stunnas’ hearing, thus violating Stunnas’ due process rights by failing to provide it with notice and a meaningful opportunity to be heard.2 In addition to ordering Stunnas to pay over $40,000 in fines that are unsupported by the code and the evidence, the City is conditioning Stunnas’ ability to renew its business license on payment of these fines, effectively revoking Stunnas’ license, despite this pending appeal. Accordingly, the Court should stay the Order pending resolution of this appeal for the following reasons: (1) Stunnas’ due process rights were violated by the surprise introduction of a code provision that the City purportedly relied on in prosecuting the code citation, (2) the Special Magistrate’s Order is not supported by competent substantial evidence, and (3) the temporary pods are not “structures” under the code. 2 In addition to the City’s unconstitutional use of the late-asserted code provision as retroactive justification for issuing the citation, the provision is unconstitutionally vague. Appendix Page No. 261 462 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 3 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 SUMMARY AND BACKGROUND 1. Stunnas is the commercial tenant on property owned by prospective 3 co-Appellant Consolidated Research & Planning, LLC (“Consolidated”)4, located at 6600 S.W. 62nd Avenue South Miami, Florida 33143 (the “Property”). (App. 5; 190). Stunnas is a Personal Skills Instruction Studio owned and operated by Gabriel Varona. (App. 84-85; 143; 160). 2. Stunnas holds a business license issued by the City of South Miami (the “City”) for the operation of its fitness studio. (App. 176-77). 3. After Stunnas commenced operations, the City began to receive noise complaints primarily lodged by a single neighbor. (App. 87-88). At the time of the initial noise complaints, the City’s applicable noise ordinance allowed for sound to emanate up to 100 feet from the Property without being in violation. Land Development Code; Article III, Sec. 15-82. 4. Unable to cite Stunnas for any violations leading up to 2019, the City enacted a new ordinance in 2020, which imposed an overbroad blanket restriction on any audible sound whatsoever. Specifically, it stated that “[n]o 3 On July 22, 2022, Consolidated filed its Response to the Court’s July 7th Order directing it to show cause as to why Consolidated’s Notice of Joinder should not be stricken. 4 Counsel for Consolidated has indicated that Consolidated consents to the relief sought in this Motion. Appendix Page No. 262 463 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 4 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 sound emanating from the premises may be audible at the property line . . .” Land Development Code § 20-3.3(D). 5. As a result of this amendment to the noise ordinance, which was passed in an attempt to target Stunnas since it specifically targets only Personal Skills Instruction Studios and Physical Fitness Facilities, the City cited Stunnas on countless occasions for alleged violations thereto. The Storage Containers 6. In response to the noise complaints, Stunnas purchased and placed three temporary storage containers (also called “pods”), on the Property in order to mitigate the noise issues by blocking the sound from the fitness studio. (App. 87-88). Because the sound mitigation was successful, the neighbors located behind the pods no longer complained about the noise. (App. 88). 7. As detailed below, the pods were never affixed to the ground, nor made part of the Property’s structure in any manner. (App. 65; 72; 73; 78; 80; 81; 82; 90). Rather, the containers were already fully constructed and erected by the time they had arrived at the Property in March of 2020 and were simply placed on the Property to serve as an additional sound buffer, in light of the noise complaints. Appendix Page No. 263 464 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 5 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 8. Code enforcement visited the Property over a hundred times while the pods were there, but never once mentioned that the temporary pods violated any code provisions. (App. 88). 9. Seemingly fixated on targeting Stunnas’ operations, however, the City eventually cited Stunnas on July 2, 2021, now for allegedly violating Section 20-1.7(B)(1)5 of the City’s Land Development Code, under Citation 21-00251 (the “Citation”). (App. 193-94). 10. According to the City, the pods qualified as “structures” under the Land Development Code, and thus fell within the scope of Section 20-1.7. See id. If the containers were applicable to that code section, the City contended, then Stunnas would have been required to obtain a permit to permanently affix them to the ground. See id. 11. Stunnas did not affix the containers to the ground and, thus, never obtained a permit to do so. (App. 65; 72; 73; 78; 80; 81; 82; 90). 12. During this time, because Stunnas had been perpetually enduring harassment from the City in the form of targeted legislation and resulting, frequently issued code citations, Stunnas and the City engaged in 5 Section 20-1.7 was the only code provision cited in the Citation. It was not until the May 20th Hearing that the City suddenly declared—over Stunnas’ objection—that the Citation against Stunnas was also based on Section 20- 1.3 of its Land Development Code. (App. 40-41). Appendix Page No. 264 465 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 6 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 good faith settlement discussions in an attempt to resolve the many disputes between the parties. (App. 36-37; 142-65). 13. Well aware of the City’s pattern of harassment thus far and sensing that the City would ultimately cease settlement negotiations with Stunnas, Mr. Varona began actively trying to sell and/or move the containers off of the Property, which he was ultimately able to do at a substantial financial loss. (App. 36-38). The May 20th Hearing 14. On May 20, 2022, a hearing on the Citation was held before Special Magistrate Rafael Suarez-Rivas (the “Hearing”). (App. 7). At the Hearing, the City maintained its position that the subject containers were “structures” under the Land Development Code, requiring that Stunnas obtain applicable permits, pursuant to Section 20-1.7. (App. 40). 15. Section 20-1.7 reads as follows: (A) Jurisdiction. No building, premises or structure shall be constructed, erected, modified, altered, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained or modified except in compliance with the provisions and procedures as set forth herein. (B) Movement or Placement of Structures. Appendix Page No. 265 466 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 7 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 (1) No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained. (2) When moved from one lot to another, structures shall conform to all applicable district provisions. (C) Prior Approvals. The provisions of this Code shall not apply to any development which has received a valid development order prior to the effective date of this Code. (emphasis added). 16. Section 20-2.3 defines “structures” as follows: Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: Signs, backstops for tennis courts, fences, screen enclosures and pergolas. 17. Also at the Hearing, the City for the first time cited to Section 20-1.3 as its retroactive justification under the code for issuing the Citation against Stunnas. (App. 40). 18. Section 20-1.3(C) states the following: Permissive Regulations. It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited.6 6 Of course, despite its plain language, nothing about this code provision is permissive in nature; rather, it is clearly intended to be prohibitive in nature. This contradictory language renders the provision unconstitutionally vague, which gives Stunnas yet another reason to challenge the City’s actions against it. Appendix Page No. 266 467 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 8 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Land Dev. Code § 20-1.3(C). 19. Presumably, the City introduced this newly asserted code provision – Section 20-1.3 – at the eleventh hour in an attempt to argue that, unless there is a code provision that permits Stunnas to have the containers on the Property, the containers are prohibited.7 (App. 40). Counsel for Stunnas objected to the lack of notice and a meaningful opportunity to be heard regarding the City’s surprise accusation that Stunnas violated Section 20-1.3(C) of the code. (App. 40-41). 20. In rendering his decision, the Special Magistrate relied on whether the City code enforcement department had ever cited Section 20- 1.7 previously in the context of a purported violation concerning temporary storage containers. (App. 38-39; 88-89). The City’s sole witness could not recall the specifics of a purported citation that was issued under that section for purposes of an unpermitted temporary storage container. See id. 21. As discussed in further detail below, the storage containers at issue are not within the scope of Section 20-1.7 as they are not “structures” under Section 20-2.3, which defines the term as “anything constructed or 7 By this logic, doorbells should not be permitted in the City of South Miami, as a search on Municode of the City’s code of ordinances does not appear to specifically provide that residents of the City of South Miami are permitted to have doorbells. Appendix Page No. 267 468 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 9 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.” Land Dev. Code § 20-2.3 (emphasis added). 22. During the Hearing, and in support of this point, Stunnas presented evidence and testimony clearly demonstrating that the subject containers arrived at the Property fully assembled and constructed and were never affixed to the Property in a manner that made them part of its structure in any permanent fashion. (App. 90). 23. In fact, the containers had previously been moved around the Property on several occasions since their arrival in March 2020, and only one container remained located in the back alley of the Property as of date of the Hearing—the other two containers at issue had been removed from the Property altogether prior to the Hearing. (App. 85). In other words, Stunnas was able to move the containers around the Property and none remained on the Property as of the date of the Hearing. 24. On cross-examination, the City’s sole witness conceded that she had simply assumed the pods violated the code provision. (App. 68; 73; 101). The City’s witness also conceded that she was assuming at least one of the pods was still on the Property at the time of the hearing. (App. 55). Appendix Page No. 268 469 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 10 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 25. Additionally, the City’s reliance on Section 20-1.3 during the Hearing is a clear violation of Stunnas’ due process rights, as the actual Citation was devoid of any reference to this Section of the Land Development Code. (App. 193-94).8 Therefore, Stunnas was unable to adequately prepare its defenses and to defend itself against the charges that the City decided to bring against it at the very hearing concerning its rights. 26. After hearing argument from counsel, as well as testimony from Mr. Varona and Code Enforcement Officer Carol Hughes-Bynum, Special Magistrate Suarez-Rivas concluded that the City met its burden of proving, by substantial and competent evidence, that the containers were “structures” under Section 20-2.3. (App. 105-06). 27. Thus, the Special Magistrate ruled that Stunnas was in violation of Section 20-1.7 and Section 20-1.3, and issued the Order providing that Stunnas was responsible for the payment of fines exceeding $40,000.00. (App. 5-6). 8 To be clear, when Stunnas received the City’s Notice of Courtesy of the alleged violation on March 31, 2021, it was only notified of the City’s charges under Section 20-1.7(B)(1). Prior to the May 20, 2022 Hearing, Stunnas had never been notified of the City’s intent to rely on Section 20-1.3 as a basis for its Citation against Stunnas. Appendix Page No. 269 470 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 11 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 28. The Special Magistrate made abundantly clear that there would be no extensions for Stunnas to meet its purported payment obligations. (App. 112) (“The deadline will not be extended”). The Order also states that the deadline for complying with the fines “SHALL NOT be extended.” (App. 6). Further, the Special Magistrate declined to even consider Stunnas’ request for a stay of the Order pending appeal. (App. 258). This Appeal & Motion to Stay 29. In light of its well supported challenges to the City’s actions, Stunnas filed a Notice of Appeal with the Court on June 21, 2022. In short, Stunnas appeals the Special Magistrate’s Order on the grounds that, among other things, (1) Stunnas’ due process rights were violated by the City’s late assertion of Section 20-1.3(C) as a basis for the Citation against Stunnas, (2) Section 20-1.7 is inapplicable in this case because the subject containers are not “structures” under the Land Development Code, and (3) the Special Magistrate’s fine assessment runs afoul of Section 162.09, Florida Statutes, in that it did not properly apply the mitigating factors when assessing the fine and it exceeded the legislatively imposed cap under that statute. For purposes of this Motion, Stunnas focuses on grounds (1) and (2). Appendix Page No. 270 471 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 12 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 30. Even if the containers were “structures” by the City’s definition (they are not), the Special Magistrate’s Order is not supported by competent, substantial evidence as the City’s investigation was faulty and utterly insufficient to meet its evidentiary burden. As the record reflects, the City’s investigation was purely based on unsupported assumptions made by its Senior Code Enforcement Officer. (App. 68; 73; 101). 31. Furthermore, and perhaps more egregious than the City’s lackluster diligence, Stunnas’ procedural due process rights were plainly violated when the City’s counsel asserted that the City – for the first time – was relying on Section 20-1.3 of the Land Development Code during the Hearing. (App. 40-41). 32. Therefore, and as detailed herein, Stunnas is likely to prevail on the merits of this appeal, which warrants a stay of the imposition of fines as set forth in the Order. 33. In addition, granting a stay of the enforcement of the Order is in the public’s best interests, as critical questions regarding language and applicability of the Land Development Code have arisen. Indeed, (although its witness provided essentially no details) the City has apparently cited other members of the public under Section 20-1.7 for their use of similar pods, which clearly do not fall within the ambit of the provision. Needless to say, Appendix Page No. 271 472 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 13 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Stunnas will suffer significant harm if forced to pay tens of thousands of dollars in fines for alleged violations unsupported by substantial, competent evidence, prior to having an opportunity to seek appellate review of the adequacy of those evidentiary findings. 34. Moreover, the code violation fines tied to this particular Citation are currently being used as a basis to deny the renewal of Stunnas Business Tax Receipt (“BTR”), which comes due in September of 2022. Stunnas has also appealed the City Manager’s ruling in this regard. (App. 247-54). 35. In other words, the City is currently using the anticipated nonpayment of this appealed Citation against Stunnas as one of the reasons it plans to ultimately shut Stunnas down as a business. (App. 252-54). For this reason, the policy considerations underlying the automatic stay provisions of Section 120.68(3), Florida Statutes, support the issuance of a stay in this case because the City’s use of the underlying fines in this appeal as a condition on the renewal of Stunnas business license is effectively the same as revoking its license. See also Fla. R. App. P. 9.190(e)(2)(C).9 9 Stunnas does not contend that it is entitled to the automatic stay as a matter of right. However, the policy behind the automatic stay supports Stunnas’ request here because the nonrenewal of its license will obviously Appendix Page No. 272 473 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 14 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 36. Indeed, by making such a decision as provided in the City’s correspondence dated June 29, 2022 (App. 252-54), the City has attempted to force Stunnas to moot this appeal and forfeit its constitutionally protected access to the Court. 37. Finally, because any proceedings seeking enforcement of the Order necessarily raise the core threshold issue of whether Sections 20-1.7 and 20-2.3 apply to Stunnas’ placement of the storage containers on the Property, and because that is a primary issue giving rise to the instant appeal, the enforcement of the Order is premature. As such, a stay of the Order is warranted. 38. On June 15, 2022, acknowledging the language in the Order indicating that the deadline for compliance shall not be extended, Stunnas requested a stay of the Order pending appeal from the City, after the Special Magistrate declined to even consider Stunnas’ request for a stay. (App. 256- 59). 39. On June 16, 2022, the City indicated that it would only stay the Order for 30 days, effectively denying Stunnas’ request for a stay pending appeal. (App. 254). destroy the business. Accordingly, this Court should exercise its discretion to grant the stay requested herein. Appendix Page No. 273 474 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 15 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 ANALYSIS I. Standard for Granting Stay Pending Appeal This Court has jurisdiction over the underlying administrative case in light of Stunnas’ filing of its Notice of Appeal of the Order. See United Services Automobile Association v. Smolensky, 391 So. 2d 355 (Fla. 2d DCA 1980); McGurn v. Scott, 596 So. 2d 1042 (Fla. 1988); Department of Revenue v. Vanamburg, 174 So. 3d 640 (Fla. 1st DCA 2015) (finding that neither the Special Magistrate nor [the City] retains any substantive jurisdiction over the underlying administrative case after the filing of a Notice of Appeal). Under Florida Rule of Appellate Procedure 9.190(e), the Court is authorized to stay the enforcement of an order pending appeal. The purpose of a stay pending appeal is to preserve the status quo. Jerles Inv. Co. v. Wells, 130 Fla. 136, 177 So. 313 (Fla. 1937); Perez v. Perez, 769 So. 2d 389, 391 n.4 (Fla. 3d DCA 1999). A stay is appropriate when the subsequent proceedings will be rendered ineffectual if the stay is not granted. Miami Beach v. Lansburgh, 217 So. 2d 348 (Fla. 3d DCA 1969). A stay may also be appropriate to avoid wasteful use of judicial resources. See Mann v. Brantley, 732 So. 2d 1090 (Fla. 4th DCA 1998) (abuse of discretion to deny a stay trial pending appeal of grant of new trial). Appendix Page No. 274 475 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 16 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 A party seeking to stay the lower tribunal’s order pending appeal should demonstrate a likelihood of prevailing on appeal, irreparable harm to the movant if the motion is not granted, or a showing that a stay would be in the public interest. Perez, 769 So. 2d at 391, n.4; Louis v. Nelson, 81-1260- CIV-EPS, 1982 WL 1583, at *1 (S.D. Fla. July 2, 1982); Planned Parenthood of Greater Orlando v. MMB Properties, 148 So. 3d 810, 812 (Fla. 5th DCA 2014). II. Stunnas is Likely to Succeed on the Merits of its Appeal. a. The City Deprived Stunnas of its Right to Notice and its Right to a Meaningful Opportunity to Be Heard. The City failed to provide Stunnas with notice that it was purportedly in violation of Section 20-1.3 of the Land Development Code and failed to provide a meaningful opportunity to be heard. The City’s actions are in violation of Stunnas’ rights to due process of law guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution, as well as Article I, § 9 of the Florida Constitution, and Section 162.07(3), Florida Statutes. Moreover, Section 162.06(2) of the Florida Statutes, titled “Enforcement Procedure,” clearly and unambiguously provides that “if a violation of the codes is found, the code inspector shall notify the violator Appendix Page No. 275 476 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 17 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 and give him or her a reasonable time to correct the violation.” § 162.06(2), Fla. Stat. (emphasis added). It is established Florida law that the government’s failure to notify an alleged violator of charges levied, and the failure to give an adequate opportunity to respond to such charges, constitutes a due process violation. See Orange Cnty. Bldg. Codes v. Strickland Constr. Servs. Corp., 913 So. 2d 718 (Fla. 5th DCA 2005) (finding that a defendant was denied due process when it was not notified of fraud charges in advance of the hearing and given an opportunity to respond within the statutorily required time). Here, Officer Hughes-Bynum testified that she issued a Notice of Courtesy to Stunnas on March 31, 2021, indicating that it was in violation of Section 20-1.7(B)(1); no additional sections of the Land Development Code were cited within the Notice. (App. 190-91). The Notice of Courtesy was followed by the July 2nd notice of violation, which again only cited Section 20-1.7(B)(1). (App. 193-94). Because the Notice of Courtesy and the Citation only indicated that Stunnas was in violation of Section 20-1.7(B)(1), Stunnas and its counsel had no notice or opportunity to prepare arguments or present witness testimony to counter the City’s newly-raised issue. Moreover, even assuming that Stunnas somehow had adequate notice and an opportunity to be heard, Section 20-1.3 is unenforceable as it is Appendix Page No. 276 477 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 18 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 unconstitutionally vague. Section 20-1.3 is titled “Purpose and Intent,” and it includes the following contradicting language: “It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited.” City’s Land Development Code § 20-1.3(C) (emphasis added). Despite the code provision, on its face, expressly declaring itself “permissive,” it provides that structures not specifically permitted within the City’s code will be prohibited. To put it simply, the code makes no sense. Therefore, the Special Magistrate’s Order runs afoul Stunnas’ constitutional and statutory rights – and Stunnas is likely to succeed on the merits of this argument during the instant appeal, warranting a stay of any code enforcement proceedings associated with the Order. b. The Storage Containers Fall Outside the Scope of Section 20-1.7. The storage containers in question are not “structures” as defined by Section 20-1.3 of the Land Development Code, and thus, the City’s reliance on Section 20-1.7 when issuing the subject Citation for violations is erroneous. Simply put, Section 20-1.7 does not apply to Stunnas’ placement of the storage containers on the Property. Specifically, Section 20-1.7(B)(1) provides as follows: Appendix Page No. 277 478 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 19 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 (B) Movement or Placement of Structures. (1) No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained. Land Dev. Code § 20-1.7(B)(1) (emphasis added). Because Section 20-1.7 expressly prohibits the placement of “structures” without first obtaining applicable permits, the Code’s definition of the term “structures” is governing in assessing whether a violation of Section 20-1.7(B)(1) took place. Specifically, Section 20-2.3 defines “structures” as follows: “Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: Signs, backstops for tennis courts, fences, screen enclosures and pergolas. (Ord. No. 15-20-2369, § 2, 5-19-20)” Land Dev. Code § 20-2.3 (emphasis added). Here, the subject storage containers were not “constructed” or “erected” on the Property. As indicated supra, the containers arrived at the Property fully assembled and constructed. Furthermore, the use of the storage containers does not require “permanent location on the ground,” nor are they attached to something having a permanent location on the ground. In fact, Stunnas was able to move the containers to various locations within the Property prior to ultimately removing all of them. Appendix Page No. 278 479 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 20 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Because it is evident that, under their plain language—which this Court reviews de novo—Section 20-1.7 and Section 20-1.3 were misapplied against Stunnas, Stunnas is likely to prevail on the merits of its appeal. Thus, a stay of any enforcement proceedings vis-à-vis the Order is warranted. c. The Order Was Not Based on Competent Substantial Evidence. The Special Magistrate’s Order was not based on competent substantial evidence. See Groot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957) (defining competent substantial evidence). Instead, it was made in direct conflict with the testimony of Mr. Varona and Code Enforcement Officer Hughes-Bynum, which was the only evidence presented at the hearing addressing the issue. Even assuming arguendo that the storage containers fall within the scope of Section 20-1.7 of the City’s Land Development Code (they do not), the City was required to prove, by competent substantial evidence, that the containers were, in fact, “structures.” Specifically, it was the City’s burden to prove that the storage containers were either constructed or erected on the Property, and that they were permanently affixed to the ground or attached to something having a permanent location on the ground. See Land Dev. Code § 20-2.3. Appendix Page No. 279 480 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 21 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 At the Hearing, when questioned regarding the circumstances leading up to the issuance of the Citation, Officer Hughes-Bynum testified that she did not know how the investigation into the containers started and does not recall whether she ever inspected the inside of the Property during the purported investigation. (App. 71-72). Officer Hughes-Bynum testified that, at the time she issued the Citation, she: (1) “was not aware that Mr. Varona had not permanently affixed the containers to the ground”; (2) “was not aware that Mr. Varona had not affixed the containers to the ground on a temporary basis”; (3) “[was] not able to view the bottom of any of the storage containers”; and (4) “could not know whether the containers were affixed to the ground.” (App. 72; 82). When asked about the bases under which Officer Hughes-Bynum found the containers to fall within Section 20-2.3’s definition of a “structure,” she mused that the containers may have been “erected” on the Property, because they were “there, on the property.” (App. 67). In fact, she admitted that “there was an assumption by Code Enforcement that if there is a storage container on a property then, presumptively, it was erected or constructed [] on that property.” (App. 67). And, according to Officer Hughes-Bynum, such a “possibility” was “enough to issue a code citation.” Id. She further admitted Appendix Page No. 280 481 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 22 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 that “perhaps” the City also assumed that the containers were affixed to the ground when the Citation were issued. (App. 73). Furthermore, in support of Stunnas’ position that the storage containers were not “structures” so as to trigger the requirements set forth by Section 20-1.7 of the Land Development Code and to show the mitigating circumstances behind the purchase and placement of the containers, Mr. Varona testified that he purchased the three containers in an attempt to insulate the sound emanating from the Property in light of the numerous noise complaints submitted by his neighbor. (App. 87-88). The containers arrived at the Property on a flatbed truck, and they were already fully assembled upon arrival. (App. 89). Importantly, Mr. Varona testified that (1) he never “assembled the containers in any way, shape, or form”; and (2) he never “affixed the containers to the ground.” Id. Mr. Varona further stated that all he did at the time that the containers arrived at the Property was “move them in a certain way with a forklift.” (App. 90). Yet, the Special Magistrate based his determination that Stunnas violated Section 20-1.7 solely on the existence of the storage containers on the Property. Specifically, the Special Magistrate ruled that whether the storage containers were erected on Stunnas’ property or anywhere else is inconsequential to the determination of whether they constitute “structures” Appendix Page No. 281 482 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 23 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 under the Land Development Code. Instead, the Special Magistrate focused on the fact that the storage containers were placed on the Property and that the City had purportedly cited another property and/or business owner under the same LDC provision for something similar at some unknown point in time. Because the Special Magistrate’s Order was not based on competent substantial evidence but was, instead, made in direct conflict of the testimony and evidence presented at the Hearing, Stunnas has shown a likelihood of prevailing. As the Fifth DCA found in Planned Parenthood of Greater Orlando v. MMB Properties: Likewise, Planned Parenthood is likely to succeed on the merits regarding the portion of the injunction that prevents it from providing surgical procedures. The Declaration of Rights allows surgery to occur in the Oak Commons Medical Center so long as it is “ancillary and incidental to a physician’s practice of medicine.” The trial court found that Planned Parenthood is not a “physician’s practice” because it is a § 501(c)(3) tax-exempt nonprofit organization. Simply because an organization chooses to obtain nonprofit status does not mean that it is not a physician’s practice. The trial court’s other findings with respect to this issue are similarly unsupported by the record. When examining the record as a whole, including the affidavits Planned Parenthood filed in support of its motion for rehearing, there is a likelihood that Planned Parenthood will prevail on appeal, either because it is not an Outpatient Surgical Center or, even if it is, the surgeries it performs are ancillary to a “physician’s practice.” 148 So. 3d at 812. Appendix Page No. 282 483 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 24 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Similarly, because the containers plainly fall outside of the City’s asserted code provision and definition of “structures,” Stunnas is likely to succeed on the merits. In light of the foregoing, the Court should stay the imposition of fines set forth by the Order until such time as the instant appeal can be resolved. III. A Stay is in the Public’s Interest and Will Not Harm the City. While the public and Stunnas await the decision by this Court determining whether its due process rights were violated and interpreting Section 20-1.7 of the Land Development Code, as well as the intent of the language set forth therein, it is in the public’s best interests that the Order be stayed. The City enacted the Land Development Code to “promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami through the stated regulations of this Code” and to “[e]nsure that adequate public facilities and services shall be available to accommodate new development.” Land Dev. Code § 20-1.3(A); 20-1.3(B). It is within the public’s interest to prohibit local governments from issuing and enforcing code citations that are not applicable to the alleged violation, and that are based on mere assumptions and inertia, rather than competent substantial evidence of noncompliance. Appendix Page No. 283 484 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 25 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 The City’s testimony is that it effectively cited Stunnas under Section 20-1.7 because somebody at some point in the City had done that to another property or business owner at some point in time. (App. 61-62). And the City assumed that Stunnas containers were affixed to the ground and erected on the Property. (App. 68; 73). Allowing the enforcement of code citations on such flimsy grounds cuts against the public’s interest. Further, also included in Section 20-1.3, which is titled “Purpose and Intent,” is the following contradicting language: “It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited.” Land Dev. Code § 20-1.3(C) (emphasis added). As it is written, the public cannot know of its rights with respect of the application of the Land Development Code. Paradoxically, Section 20.1-3(C) provides that the language of the Code is intended to be “permissive” rather than “prohibitive,” in direct contradiction with the following sentence which seemingly prohibits conduct not expressly permitted by the Code. Accordingly, staying enforcement of the Order will have the effect of protecting the public from fines which may be contrary to the intent of the City’s legislative body at the time it enacted the asserted provisions of the Land Development Code. On the other hand, the City will suffer no harm Appendix Page No. 284 485 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 26 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 absent a stay because the pods had already been removed from the Property at the time of the underlying Hearing and there is no indication in the record that the prior placement of the pods causes any public health issues. A stay of the fines will not cause any harm to either party. The fines are meant to secure compliance with the Order. However, as discussed above, the Order is erroneous and the fines are thus improper. More importantly, Stunnas has already removed the allegedly offending containers from the Property. Any claim of “harm” that the City was suffering due to the existence of the containers – that is, the very impetus for the Citation and related fine – is therefore moot. IV. Stunnas Will Suffer Harm in the Absence of a Stay. Allowing the improper fines to stand without a stay, however, will irreparably harm Stunnas. The fines are significant – set at $340.00 per day, running from July 3, 2021 to November 8, 2021 and totaling $43,860.00. Paying this fine while the appeal is pending will be a significant financial hardship on Stunnas – a small personal fitness studio whose owner, Mr. Varona, has already spent relatively significant financial resources to ensure that its operation suits both the purpose of his business, as well as the City’s Land Development Code. Appendix Page No. 285 486 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 27 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Indeed, paying the improper fine could financially destroy Stunnas’ business. See U.S. 1 Office Corp. v. Falls Home Furnishings, Inc., 655 So. 2d 209, 210 (Fla. 3d DCA 1995) (finding irreparable harm where appellee- tenant faced the destruction of its business in the absence of an order enjoining appellant-landlord from interfering with the placement of a sign advertising appellee-tenant’s store in appellant-landlord’s building during the pendency of appeal). More importantly, the City will not permit Stunnas to renew its business license without paying the fine, so Stunnas stands to lose its business altogether if its payment obligation is not stayed by this Court. See id.; see also Cosmic Corp. v. Miami-Dade County, 706 So. 2d 347, 347-48 (Fla. 3d DCA 1998) (finding that appellant-restaurant demonstrated irreparable harm where an injunction resulting in the closure of its business pending appeal would have a devastating financial impact and allowing it to continue operating while the issues in the appeal are litigated will maintain the status quo). A stay will not harm the City. The Special Magistrate has already determined that the sole issue with Stunnas’ placement of the storage containers on the Property is that it amounts to violations of Section 20-1.7 and Section 20-1.3 of the Land Development Code. Accordingly, from the Appendix Page No. 286 487 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 28 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 City’s perspective, the only issues are whether the subject containers were prohibited by City code, see LDC § 20-1.3 – that is, whether they fell within the scope of Section 20-1.7 and the City’s definition of a “structure.” Those questions will be resolved by this appeal, which Stunnas respectfully submits it is likely to win. Furthermore, as discussed supra, Stunnas had removed the containers from the Property prior to the Hearing. See Cosmic Corp., 706 So. 2d at 347-48 (“[W]e conclude that the balance of harms weighs in favor of [appellant-restaurant] as well [because] [n]o evidence was presented to demonstrate that the municipalities would suffer greater harm than [appellant-restaurant] should the injunction request be denied. Here, there is an ongoing business of many years which, in the judgment of the County’s zoning staff, qualified for a Certificate of Occupancy. [Further, appellant- restaurant] is, so far as the present record shows, in compliance with the Code [as it] had abandoned its expansion plans which triggered the requirement for a public hearing.”) (emphasis added). Accordingly, even if Stunnas does not prevail, the nonpayment of the fine in the interim will not harm the City. Conversely, compelling Stunnas to pay its fine could result in the demise of the business due to significant Appendix Page No. 287 488 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 29 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 financial hardship, and, importantly, the impending refusal by the City to renew Stunnas’ business tax receipt based on the Citation. CONCLUSION For the foregoing reasons, Stunnas respectfully requests that this Court stay the Order pending the outcome of this appeal. Dated: August 11, 2022. Respectfully submitted, Buchanan Ingersoll & Rooney PC 2 South Biscayne Blvd., Suite 1500 Miami, Florida 33131 Telephone: (305) 347-5912 By: /s/ Kyle B. Teal Kyle B. Teal, FBN 99193 Kyle.Teal@bipc.com Chance Lyman, FBN: 107526 Chance. Lyman@bipc.com Counsel for Stunnas Fit LLC Silva & Silva, P.A. 236 Valencia Avenue Coral Gables, Florida 33134 Telephone: (305) 445-0011 By: /s/ Carlos E. Silva Carlos E. Silva, FBN 999032 csilva@silvasilva.com Benjamin Fernandez, IV, FBN: 63881 bfernandez@silvasilva.com Maria D. Corghi, FBN 1017965 mcorghi@silvasilva.com Counsel for Stunnas Fit LLC Appendix Page No. 288 489 Stunnas Fit, LLC, et. al v. South Miami Motion to Stay Order Pending Appeal Page | 30 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 11, 2022, a true and accurate copy of the foregoing has been furnished via the Florida E-Portal to the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, and served via electronic mail on all counsel of record. /s/ Kyle B. Teal Kyle B. Teal, FBN 99193 Appendix Page No. 289 490 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY STUNNAS FIT LLC, et al. APPELLATE DIVISON Appellants, APPEAL NO.: 22-AP-000035 v. L.T. CASE NO.: 21-00251 CITY OF SOUTH MIAMI, Appellee. __________________________/ APPENDIX TO APPELLANT STUNNAS FIT LLC’S MOTION TO STAY CODE ENFORCEMENT ORDER PENDING APPEAL Buchanan Ingersoll & Rooney PC 2 South Biscayne Blvd., Suite 1500 Miami, Florida 33131 Telephone: (305) 347-5912 By: /s/ Kyle B. Teal Kyle B. Teal, FBN 99193 Kyle.Teal@bipc.com Chance Lyman, FBN: 107526 Chance.Lyman@bipc.com Counsel for Appellant, Stunnas Fit LLC Silva & Silva, P.A. 236 Valencia Avenue Coral Gables, Florida 33134 Telephone: (305) 445-0011 By: /s/ Carlos E. Silva Carlos E. Silva, FBN 999032 csilva@silvasilva.com Benjamin Fernandez, IV, FBN: 63881 bfernandez@silvasilva.com Maria D. Corghi, FBN 1017965 mcorghi@silvasilva.com 1 Filing # 155179596 E-Filed 08/11/2022 06:48:36 PM 491 2 INDEX TO APPENDIX Exhibit No. Description Page 1 Special Magistrate’s Order: Findings of Fact and Conclusions of Law, Case No.: 21- 00251 4 2 City of South Miami Special Magistrate Hearing dated May 20, 2022, Transcription of Audio Recording 7 3 City of South Miami Special Magistrate Hearing dated May 20, 2022, Stunna’s Fit LLC’s Exhibits, NOCI No.: 21-00251 140 4 City of South Miami Special Magistrate Hearing dated May 20, 2022, City’s Exhibits, NOCI No.: 21-00251 189 5 Stunna’s Fit LLC’s Correspondence to the City of South Miami dated July 29, 2022, including attachments 247 6 Correspondence Exchange Between the City of South Miami, the Special Magistrate, and Stunna’s LLC dated June 15-16, 2022, re: Stay of Code Violation Payment Pending Appeal 255 492 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 11, 2022, a true and accurate copy of the foregoing has been furnished via the Florida E-Portal to the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County and served via electronic mail on all counsel of record. /s/ Kyle B. Teal Kyle B. Teal, FBN 99193 493 EXHIBIT 1 Appendix Page No. 4 494 Appendix Page No. 5 495 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 23 AC LEGAL DESCRIPTION : COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958 -0616 12 2003 6 TAX FOLIO NO: 09-4025-0 12-0500 6600 SW 62 Avenue PROPERTY LOCATION : South Miami, Fl. 33143 OWNER : CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLA TOR: TENANT: STUNNA 'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1 . TljP-FOLLOWING ARE APPLICAo/ TO THIS HEARING (check appropriate boxes) 6 VIOLATOR(S) PRESENT tl VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL 1Y □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 8. BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER _____________ _____,,,'------------------ 4. BASIC UNDERLYING FACTS: DEPARTMENT IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explan ation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENctTO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES □ NO A Appendix Page No. 6 496 6. ULTIMAT~FI DINGS: A. IT E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION WAS D WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER b)(1) OF THE LAND DEVELOPMENT CODE. DON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) , '} r; _l,u ~ LTV D NOTGUILTYOFTHESUBJECTVI OLATION . /17--1 ~, C. IT IS HEREBY ORDERED THAT THE FOLLOWl ~CJ 10 7 p ~7/~_fft (V/1S f~ -r:➔ ;)__1 Q_o 1.Violator(s) ~hall pay to the City Clerk$ 3 i 0. ro ~vi(;;n;lty for each violation) and fd Abc;etn $ I a s. fJO (hearing costs), totaling\ 3 g D--0 i J.0 ~ I (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) mznth from th e time the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date)____ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorp May 20. 2022 Date Decision Rendered NOTE : If you wish to appea l the Special Magistrate's decis ion , you must do so in the manner provided in Section 2-25 of City of South M iami Code of Ordinances , no later than 30 days from the date the Special Magistrate's decis ion was rendered. COPY MAILEDIDELWERED TO ALLEGED VIOLATOR ON, ma1 24 2()22 EXHIBIT 2 Appendix Page No. 7 497 1 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 1 2 3 TRANSCRIPTION OF AUDIO RECORDING 4 5 6 7 RE: CITY OF SOUTH MIAMI 8 SPECIAL MAGISTRATE HEARING 9 10 11 12 13 RECORDING: 14 052022 SPECIAL MAGISTRATE HEARING 15 16 17 18 DATE: 19 FRIDAY, MAY 20TH, 2022 20 21 22 23 Appendix Page No. 8 498 2 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 FRIDAY, MAY 20TH, 2022 1 (00:00:00) 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Okay, okay. Good morning. I would like to call this Special 4 Magistrate Hearing to order, for a code enforcement City of 5 South Miami, here at City Hall, for Friday, May 20th, 2022. 6 It is on or about 9:30 a.m., and I will make a brief 7 opening statement, as it’s customary. Thank you, for being 8 here today. Please, turn off your cell phones. No weapons 9 are allowed in the facilities or on the premises. Please, 10 remember to listen quietly and avoid interruptions: 11 clapping, heckling, and so forth. Hearings are conducted by 12 the City’s Special Magistrate, the purpose of which is to 13 give alleged violators an opportunity to contest a decision 14 of code enforcement. The hearings are conducted in a quasi-15 judicial manner. I Rafael Suarez-Rivas, am a Special 16 Magistrate assigned to hear today’s cases. My 17 responsibility is to act much like a judge in a court, and 18 hear cases presented by Code Enforcement; and to hear 19 contradictory arguments presented by the alleged violators. 20 Hearings are open to the public. All persons who testify 21 must be under oath, that includes the code enforcement 22 officers. The hearings are not conducted in accordance with 23 Appendix Page No. 9 499 3 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 formal rules of evidence. Any relevant evidence will be 1 deemed admitted if I find it competent and reliable, 2 regardless of a statutory rule or common law rule to the 3 contrary. All documentary evidence must be place in the 4 record to be considered. Each party has the right to call 5 and examine witnesses, to introduce exhibits, to cross-6 examine opposing witnesses on any matter relevant, and to 7 rebut evidence against him or her. It is my responsibility 8 to make findings of fact based on the evidence of record. 9 The fact-finding determinations are limited to whether the 10 alleged violation occurred. If so, whether the person’s 11 name in the notice can be held responsible for the 12 violations. I may modify the decision of code enforcement 13 as to the time for correction stated in the notice of civil 14 infraction, even though the time is rebuttably presumed to 15 have been reasonable. I have the authority to assess and 16 order the payment of civil penalties, to issue orders 17 having the force of law to command whatever steps are 18 necessary to bring a violation into compliance. In order to 19 make a finding of holding the code enforcement officer’s 20 decision, I must find that there’s substantial competent 21 evidence, that the named violators were responsible for the 22 violation of the relevant sections of the code as charged. 23 Appendix Page No. 10 500 4 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 If I affirm that decision, the order will specify the 1 amount of the civil penalty, the administrative costs of a 2 hearing, which are a flat $125.00 in the City for case. The 3 date by which a violation must be corrected/cured, to 4 prevent resumption of continuing violation penalties, if 5 any. Any aggrieved party, including the City itself, may 6 appeal the final order of the special magistrate to the 7 Circuit Court of Appeals. The appeal is not a new hearing, 8 but it’s limited to an appellate review of the record 9 created before the special magistrate. Any appeal must be 10 filed within thirty calendar days of the issuance of the 11 order so as to be reviewed. If you are found guilty of the 12 civil violation, please remember there’s an administrative 13 fee of one, two, five. The City representative will present 14 their case first, the alleged violators will present their 15 care thereafter. I will consider the evidence and render a 16 decision after all arguments are heard. Thank you. I would 17 like to ask our staff if there are any changes to the 18 agenda that has been published for today, please. 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 At this time, agenda item number one: Robert Moses, 21 referenced property 5864 S.W. 74th Terrace, Unit B, has 22 asked for a continuance, and the City wishes to agree with 23 Appendix Page No. 11 501 5 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 that. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Okay. Case number one, involving Robert Moses having 3 requesting a continuance, and the City having agreed to 4 such continuance, that item is removed from today’s docket. 5 It is continued until such time as it is reset and 6 rescheduled. Anything else? 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 At this time, we would like to ask if anybody’s here for 9 item number two: Charles Meade, the property address 6925 10 S.W. 69th Avenue. It doesn’t appear that anyone’s here for 11 that, so if you’d like, I do believe that item number 12 three, Consolidated Research and Cleaning, Corp., and 13 Stunna’s Fit, LLC is here for the property at 6600 S.W. 62nd 14 Avenue. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Okay, fine. So, we’re gonna hear Meade afterwards, is that 17 what staff is proposing? 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 Yes. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Alright, that’s fine. We’ll take three out of turn, and 22 hear it now, and we will hear item two, Meade Roberts, 23 Appendix Page No. 12 502 6 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 afterwards. So, please— 1 CITY ATTY. THOMAS PEPE 2 Your Honor? 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Yes. 5 CITY ATTY. THOMAS PEPE 6 I am Thomas Pepe, I’m here on behalf of the City on this 7 particular item. I’m the City Attorney. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Yes, Sir. 10 CITY ATTY. THOMAS PEPE 11 And I will be presenting it. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Alright. That’s fine. 14 CITY ATTY. THOMAS PEPE 15 Alright. Just to—- As a point of order of the business, 16 this was previously heard, and the defendant admitted that 17 he violated the code, as set forth in the citation, which 18 is #21-00251. And he was given thirty days to bring the 19 property into compliance, and this has to do with 20 containers that were on the property without a permit. And 21 only way to obtain a permit would be to have made them into 22 a permanent structure by anchoring them to the ground, and 23 Appendix Page No. 13 503 7 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 they needed a permit to do that. They were given thirty 1 days to obtain the permit. From what I understand, and we 2 could find out from code enforcement, they did not apply 3 for that permit. 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 That is correct, they did not. 6 CITY ATTY. THOMAS PEPE 7 Yes, and-- 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Okay, and for the record, state your name when answering 10 the questions, so we just have it for the record. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Okay. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Name and title, please. 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Carol Hughes-Bynum, Senior Code Enforcement Officer for the 17 City of South Miami. 18 CITY ATTY. THOMAS PEPE 19 And that hearing was held on September 24th, 2021. In the 20 interim, there was to be another hearing concerning 21 revocation through the City Manager’s Office of the 22 Business Tax Receipt and License to do Business in a City, 23 Appendix Page No. 14 504 8 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 because of so many numerous violations. And the defendant, 1 at that time, asked for a meeting, and we entered into 2 settlement negotiations, which included all of the prior 3 violations including this particular violation, and nothing 4 changed with regard to this particular violation, but I 5 would agree with counsel, I think he is proposing that if 6 there is a fine, that there be a period of when the 7 negotiation started to when the negotiations ended, that 8 the fine would not be applied during that period of time. 9 So, the negotiations began on Friday, November 5th, and they 10 broke down on March 23rd, 2021 [sic]. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 On March 23rd-- 13 CITY ATTY. THOMAS PEPE 14 March 23rd, 2021. So, that was-- 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 2022. 17 CITY ATTY. THOMAS PEPE 18 I’m sorry, 2022. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 And they commenced on November 5th of 2021. 21 CITY ATTORNEY THOMAS PEPE 22 That’s correct. 23 Appendix Page No. 15 505 9 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Thank you Mr. City Attorney. The prior order, is it part of 2 the record? 3 CITY ATTY. THOMAS PEPE 4 No, Your Honor, you did not enter an order at that time. 5 You just-- It was just a verbal order finding that he had 6 thirty days to come into compliance. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Okay, well-- 9 CITY ATTY. THOMAS PEPE 10 And I have the video of that cued up, and if you want, we 11 can play it. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Yes, I’d like that in light of those circumstances, and 14 thank you for refreshing my recollection. I’d like that 15 video played and made part of the record, please. And that 16 is case #21-00251 that was heard on-- You gave me the date, 17 but please, repeat the date if you wouldn’t mind. 18 CITY ATTY. THOMAS PEPE 19 That was heard on September 24th, 2021 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay, please make it more audible, and these proceedings, 22 unless there’s an objection, and if which there is, I would 23 Appendix Page No. 16 506 10 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 rule on it very promptly, are made part of the record here. 1 (SEPTEMBER 24th, 2021 SPECIAL MAGISTRATE HEARING) 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 …To any understanding and that, again, is beyond my 4 province, you know, I’m not gonna address, other than I did 5 in one order, and I gave a reason for it, but it seemed 6 like a recurring thing, any future code enforcement actions 7 that would just, you know, be as provided for by law, but 8 based on the testimony of the instances, in this case, that 9 is my ruling on this particular matter. And I’ve given my 10 explanation. Thank you. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Mr.-- I have one question. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Yes. 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 This orders that you’ve been issuing, just for my record-- 17 (MAY 20, 2022 SPECIAL MAGISTRATE HEARING) 18 CITY ATTY. THOMAS PEPE 19 I’m sorry, I-- (UI) a little before-- 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Yeah. 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 17 507 11 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 It actually got started so-- 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Right, that’s, that’s the part of the order, all of this is 3 gonna be made part of this record, but what I’m looking to 4 hear-- 5 CITY ATTY. THOMAS PEPE 6 This is-- 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Right. 9 CITY ATTY. THOMAS PEPE 10 This is the part where opposing counsel— 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Right, that’s what I’m, that’s what I’m looking to hear, 13 because-- That’s what (UI). 14 (SEPTEMBER 24TH, 2021 SPECIAL MAGISTRATE HEARING) 15 CITY ATTY. THOMAS PEPE 16 Your Honor, this is something that’s taken out of order of 17 the list on the agenda, but I’ve just had a discussion with 18 Mr. Fernandez, and he said that they were not going to 19 contest the-- Let’s see-- Item on the agenda fifteen, which 20 is Case #21-00251. And that they were admitting 21 responsibility for this. 22 ATTY. BEN FERNANDEZ 23 Appendix Page No. 18 508 12 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 We’re not contesting it, we ask Your Honor for a little bit 1 of leniency with regard to the fine, but we’re not 2 contesting it. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Okay, this is what I can provide in the sake of just trying 5 to fashion something equitable and expedient. If they are 6 not gonna contest it, and we’re not gonna have a hearing, 7 what I would offer is: There is no need for an order, but 8 if there’s an order, that to me would carry the 9 administrative fee. If there’s no order and, for example, 10 if it’s acceptable to the City, and you simply paid the 11 three forty, within the time provided, which I don’t know 12 what the norm is here. If it’s-- Again, I don’t know 13 because I haven’t been here before within ten days of 14 hearing or thirty days of hearing. 15 CITY ATTY. THOMAS PEPE 16 And, Your Honor, I don’t know either. This is not something 17 that I do every day. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Right. So, hopefully, maybe Code Enforcement knows. 20 CITY ATTY. THOMAS PEPE 21 I only handle cases when there is opposing counsel. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 19 509 13 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Right. 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 What I would like to suggest is, if we-- Since they want-- 3 They’re not contesting. If they pay the fine and get the 4 permit, because the pods are still there. So, there’s two 5 parts to it. They have to come in compliance and by getting 6 the permit, if approved, and then they would have to pay 7 the fine as well. If not, we could rehear it again next 8 month. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Okay, this would be-- 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 (UI) it’s thirty days. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 This would be-- 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 So-- 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 This would be-- That’s very-- I think, very practicable and 19 wise suggestion by Code Compliance. What I would suggest is 20 that within the time prescribed (UI) case number fifteen, 21 that Respondent pay the fine, which I have stated the 22 amount, and have a permit for the storage pod issued as 23 Appendix Page No. 20 510 14 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 required by the City Code and presuming they do that, this 1 case could go away. But since they haven’t done that yet, 2 how about this. The case will be continued until the next 3 regularly scheduled hearing, and if you have done that 4 before the next regularly scheduled hearing, the case won’t 5 be on the agenda. 6 CITY ATTY. THOMAS PEPE 7 Your Honor, isn’t-- 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 How does that sound? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 (IA). 12 CITY ATTY. THOMAS PEPE 13 That sounds fine, but isn’t this the type of case for which 14 there is a daily fine for not having a permit? 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Yes, there would be a daily fine, if the City— But that 17 would mean that the City is not agreeing with them-- 18 CITY ATTY. THOMAS PEPE 19 Yeah, I— 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 On this, and wants to have the case heard because— 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 21 511 15 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 So, basically, if they don’t get it done and they come 1 back, and we have to reset it for hearing, then it will be 2 a daily fine. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Yes, it would be a daily fine. Upon (UI)— 5 CITY ATTY. THOMAS PEPE 6 On the date the notice, the notice a violation was issued. 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 (UI) we need to (UI). 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 It would be, it would be-- That’s a good question. I 11 generally don’t care for retroactive fines, but I’ve seen 12 in many instances, in code enforcement instances, when you 13 go at least to the time for correction in a notice of 14 violation, you got to that time. So, if that’s not done, 15 and you’re actually here in a controverted proceeding, and 16 the City requested it, we could seriously consider going 17 back to, you know, October 1st or whatever date it was-— 18 CITY ATTY. THOMAS PEPE 19 Well, the date of issuance which would have been-- I think 20 this was issued on July 2nd. So, it would be a daily fine 21 from July 2nd until, until it was paid. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 22 512 16 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes, no, it’s certainly not-- You know, I want counsel to 1 be aware that certainly the City Attorney is correct. This 2 is not like, a moving violation, for lack of a better word, 3 or people, you know, throwing (UI) balls, or jogging, or 4 whatever. This is an object, and it’s physical and it’s 5 there, and it’s observed by code. And that is exactly the 6 definition of what’s a daily fine. You know, the outdoor 7 shed, the storage pod, that’s not-- you know. 8 CITY ATTY. THOMAS PEPE 9 Alright, so-- 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 Is that clear? 12 CITY ATTY. THOMAS PEPE 13 We’re not asking for a daily fine at this time in the-- But 14 we will ask for it, if it is not corrected in-- What did we 15 say? I don’t remember what-- 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 With all due diligence. 18 CITY ATTY. THOMAS PEPE 19 Aha. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 So, I (UI) whatever you wanna say. 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 23 513 17 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 For-- you don’t think we need to do an order? Because if 1 you look, the courtesy notice was in March of 2021. And 2 then we went to a notice of civil infraction in 7-2-2021. 3 I mean, and now, we’re in September, and not permit has 4 been applied for. 5 ATTY. BEN FERNANDEZ 6 Mr. Suarez-Rivas, I will stipulate that my client, within 7 the next thirty days, will apply for, and if the City of 8 South Miami doesn’t preclude him from obtaining that 9 permit, he will present that permit and he will pay the 10 $340.00 fine, within that thirty-day period. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Well, I, I can’t speak for the City-- 13 CITY ATTY. THOMAS PEPE 14 Well, you know-- 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 You know, I’m (UI) Magistrate here, so-- 17 CITY ATTY. THOMAS PEPE 18 And, let me also say that-- 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 I’m sorry. 21 CITY ATTY. THOMAS PEPE 22 For temporary structures, such as this, there’s a limited 23 Appendix Page No. 24 514 18 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 period of time that that temporary structure can be there. 1 And, if they can show the Building Department that there’s 2 a valid reason, or a necessity for an extension, but 3 temporary structures, I believe, are only allowed to be 4 there, if allowed at all, for, I think approximately a 5 hundred and eighty days, maybe Code Enforcement can correct 6 me. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 It’s a hundred and eighty days, but I am aware of 9 extensions being given for that, if, you know, they’re 10 applied for and a building official (UI). 11 CITY ATTY. THOMAS PEPE 12 Yes, but if there’s a valid reason for the (IA)-- 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Yeah, right, right. So again, it’s—- what we get back to 15 here, and, you know, there’s certainly enough cases on the 16 agenda today. I am more than pleased to hear-- 17 CITY ATTY. THOMAS PEPE 18 So, we’re gonna defer this case, then. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Well, again, I am not, you know, I’m not making-- Look, so 21 you know, I’m the kind of magistrate that I’ll definitely-- 22 I will defer if, you know, if someone is ill, if someone is 23 Appendix Page No. 25 515 19 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 out of the jurisdiction. I am not gonna defer on the 1 understanding of the parties unless there is a clear 2 understanding. So, all I’m saying is that if it’s agreeable 3 to people, you could defer this to the next scheduled 4 hearing, and they need to comply in a way that’s 5 satisfactory to the City, and that would mean Building and 6 Code, and if not, the case would be heard then. But, if you 7 want it heard today—- Because either, you know, the City is 8 comfortable with what has been stated, or-- I’m not gonna 9 mandate, is what I’m telling you, for this-- you know. The 10 City either has to agree to it, and on the record we’re 11 saying they have to comply, whatever that requires, and if 12 not, it’ll be scheduled for the next regularly scheduled 13 hearing, or we hear it today. That’s it. 14 CITY ATTY. THOMAS PEPE 15 Right, right. And, again, this is not my regular job, so, 16 I’d have to defer to Code Enforcement as to how they deal 17 with things like this, where there’s a permit that was 18 required, where they’re given a courtesy notice. And a lot 19 of time has gone by and, and still nothing is done, and 20 then they issue a citation, and then a lot of time has gone 21 by, and still nothing has been done. 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 26 516 20 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Still nothing. 1 CITY ATTY. THOMAS PEPE 2 So, I don’t know. 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 There has been no-- There has been no effort to obtain the 5 permit. And I’d like to say the courtesy notice goes back 6 to March. At this point, if they’re willing to either seek-7 - To obtain the permit, or if the permit’s not issued for 8 whatever reasons, they remove the pods and pay the fine 9 within the thirty days, then we don’t bring them back, 10 before-- But if not, we would bring them back. If not, we 11 just hear the case because, obviously, there’s been no 12 attempt to get the permit. 13 CITY ATTY. THOMAS PEPE 14 Right, is-- 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Or to remove the pods. 17 CITY ATTY. THOMAS PEPE 18 Is that satisfactory to (UI)-- 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 And I’ve reached out several times to Mr. Varona about 21 getting these permits. 22 ATTY. BEN FERNANDEZ 23 Appendix Page No. 27 517 21 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 As I’ve stated, I’ve instructed my client that within the 1 next thirty days, he’s going to apply for the permit. If he 2 obtains the permit, he’s allowed to have the containers. If 3 he doesn’t obtain the permit, he has to take corrective 4 action. 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 Yes. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Right, and if-- 9 ATTY. BEN FERNANDEZ 10 So (UI)-- 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 And if he obtains the permit, it’s for the period allowed 13 by the permit-- 14 ATTY. BEN FERNANDEZ 15 So-- 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 Pods are temporary. 18 ATTY. BEN FERNANDEZ 19 As I understand Ms. Bynum’s testimony, she does not oppose 20 deferring this until the next hearing. Hopefully, that’s 21 thirty days out, which would give my client the opportunity 22 to correct this action. 23 Appendix Page No. 28 518 22 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Alright. 2 CITY ATTORNEY THOMAS PEPE 3 But-- 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 Well, I’m gonna ask a question that I want-- You’ve 6 represented. I want your client to affirm if his 7 understanding that this is correct. Mr. Varona, you’re 8 being asked to get the pod permit and pay the fine and do 9 it within the time that the City wants you to do it, like 10 yesterday, because apparently this has been pending for a 11 while. And if not, the case will be back at the next 12 regularly scheduled hearing, and the City has no prejudice. 13 The City can ask for whatever penalties at that point, it 14 wants, and the case will be heard. Do you agree with that? 15 GABRIEL VARONA 16 Yes. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Alright. 19 GABRIEL VARONA 20 Yes, I do. 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Alright, I mean, is that satisfactory? 23 Appendix Page No. 29 519 23 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 CITY ATTY. THOMAS PEPE 1 Yes, Your Honor. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Alright. 4 CITY ATTY. THOMAS PEPE 5 Is that satisfactory to Code Enforcement? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 Yes, it is. 8 CITY ATTY. THOMAS PEPE 9 Thank you. 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 Alright. So, this case is continued, again, without any 12 prejudice to the City to request whatever they want to 13 request if there isn’t compliance. Okay? 14 (MAY 20, 2022 SPECIAL MAGISTRATE HEARING) 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Okay, that’s sufficient. Is there something else? 17 (SEPTEMBER 24th 2021 SPECIAL MAGISTRATE HEARING) 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Case 15 is continued to the next regularly scheduled agenda 20 of the Magistrate, I cannot announce the date, because I 21 don’t know what that is, but, you know. 22 (MAY 20, 2022 SPECIAL MAGISTRATE HEARING) 23 Appendix Page No. 30 520 24 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 CITY ATTY. THOMAS PEPE 1 That’s the end. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Okay. That video, since it is the recording of the earlier 4 hearing on this matter, I need it to be made part of the 5 record in whatever fashion the City will do that, it needs 6 to be part of the record. And I take administrative notice 7 of it, and I’m not gonna seek to characterize it, but, you 8 know, I think it speaks for itself. But clearly, there was 9 a period of time-- I’ll just say this factually. There was 10 a period of time in which a fine of three forty at that 11 moment would’ve had to have been timely paid, and the 12 permit had to be pulled within a certain period. And if 13 that was not done, the case would come back and the case 14 would be heard. Here we are today. We are gonna hear the 15 case and we’re gonna rule on the case today, so let’s 16 proceed. 17 CITY ATTY. THOMAS PEPE 18 Alright. Mrs. Bynum? 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 Yes? 21 CITY ATTY. THOMAS PEPE 22 I’ll be calling her. So, following that hearing in which 23 Appendix Page No. 31 521 25 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 the defendant admitted liability, admitted that they were 1 in violation, what transpired that you know of? 2 ATTY. KYLE TEAL 3 Objection, if I may, Your Honor? Kyle Teal, Buchanan 4 Ingersoll, and Rooney. I have with me Mr. Ben Fernandez-- 5 ATTY. BEN FERNANDEZ 6 Good morning. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Good morning. 9 ATTY. KYLE TEAL 10 Of the Silva and Silva Law Firm. We represent Stunna’s Fit. 11 Everyone’s favorite local business. We are objecting-- Let 12 me also note that Ms. Johanna Vega is here, representing 13 the landlord, Consolidated. We just need to interject for a 14 moment and object. Officer Bynum has not been placed under 15 oath, and I do have a brief introductory statement I can 16 give, if Your Honor would-- 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Oh thank you-- 19 ATTY. KYLE TEAL 20 (UI) do that now or later? 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Thank you for bringing that up, you know. Just as a 23 Appendix Page No. 32 522 26 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 clerical point, I should note that I’m directing the City 1 to correct the agenda to state-- because this has been 2 forgotten before. Why? Because in other agendas it says, 3 “placing witnesses under oath.” That needs to be added to 4 the opening. So, it’s not. The point is well taken. So, I 5 am going to, you know, ask for all witnesses, other than 6 counsel, making argument, all witnesses-- That includes 7 anyone and the officers who are going to be testifying, to 8 raise their right hand and affirm that all testimony they 9 will give is the truth, nothing but the truth, so help you 10 God. Say I do. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 I do. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Alright. You want to make a brief opening statement since 15 the City-- It’s not necessarily customary, but the City 16 made one, so you may make a brief opening statement as 17 well. Go right ahead, and then we’ll proceed with the case. 18 ATTY. KYLE TEAL 19 Sure, thank you, Your Honor. I prefer to use the podium 20 since it looks-- 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Yeah. 23 Appendix Page No. 33 523 27 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. KYLE TEAL 1 More official, if that mic is operating. Can you hear me? 2 Okay, so we do have a substantive legal challenge to raise 3 regarding the lack of applicability of the asserted code 4 provision. Let me also just back up. We do object and take 5 issue with Mr. Pepe’s characterization of the September 24th 6 2021 hearing. I will submit that there is a very key 7 distinction between admitting liability to code violations 8 and simply not contesting code violations on the basis of a 9 tentative agreement with the City. And that is what we had 10 there. It was simply continued. There was no order, as Your 11 Honor had noted, and we’re here now hearing those code 12 violations for the very first time. So we do have arguments 13 to make as to the code provision asserted. We think it’s 14 inapplicable. We think it’s unenforceable because it’s 15 vague as asserted in this context. The storage containers 16 at issue are not within the scope of Section 20-1.7 of the 17 Land Development Code. Specifically that code Section, 18 which was cited in the notice issued by the City’s code 19 enforcement department, states the following-- And I’m 20 reading from what’s Exhibit 4 of the binder provided to Mr. 21 Pepe and Your Honor. It states that: “No structure shall be 22 moved to, or placed upon, any premises until a permit for 23 Appendix Page No. 34 524 28 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 such removal or placement is obtained.” And in Section 20-1 2.3 of the Land Development Code, it defines “structures” 2 as follows: “anything constructed or erected, the use of 3 which requires permanent location on the ground or attached 4 to something having a permanent location on the ground; 5 including, but not limited to: signs, backstops for tennis 6 courts, fences, screen enclosures and pergolas.” Here, the 7 storage containers were not constructed nor were they 8 erected on the subject property, and its use does not 9 require a permanent location on the ground, nor is it 10 attached to something having a permanent location on the 11 ground. So, those containers simply do not fall within the 12 examples given in the definition of “Structures” within the 13 City Code. They also do not fall under the definitions of 14 buildings or premises as provided in the code, as those 15 definitions also appear in Exhibit 4 provided. And for 16 those reasons, Section 20-1.7 does not apply to Stunna’s 17 Fit in this context. Our client, representative, Mr. 18 Gabriel Varona, is here today to testify, if necessary. His 19 testimony will confirm, among other things, that the 20 containers arrived on his property sometime in 2020, the 21 early part of 2020, or late 2019, and were already fully 22 assembled and constructed when they arrived at the 23 Appendix Page No. 35 525 29 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 property. He will also testify that none of the three 1 containers were ever affixed to the subject property, 2 meaning, they were never made a part of the property in any 3 sort of permanent fashion. Despite our position that this 4 code provision simply does not apply to us, the containers 5 are no longer on the subject property, and in fact, the 6 last container is, I believe, currently placed in the back 7 alley of the property, not on the property, waiting removal 8 from that alley. So, alternatively, our position is that 9 these alleged violations are completely moot by virtue of 10 the fact that they’re no longer on the premises. Mr. Varona 11 has basically given away those containers at this point, at 12 a substantial financial loss. He purchased them for about 13 twenty-five hundred bucks each, and was only able to sell 14 one of them for two thousand. The other two, he gave away 15 to someone who owns farmland in South Dade, who had a use 16 for them down there. I raise those points, because its 17 further evidence of Stunna’s Fit’s many efforts to appease 18 the City and adhere to its constant demands, even when we 19 often times disagree with the underlying motivation for 20 those demands. And I will leave it at that for now. As for 21 any accusation, or allegation by the City that my client 22 dragged his feet in coming into compliance, that simply is 23 Appendix Page No. 36 526 30 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 not the case here. I was retained in October of last year, 1 shortly after the September 24th code enforcement hearing 2 concerning these very containers. Beginning in November, as 3 Mr. Pepe had noted, we began engaging in meaningful 4 settlement negotiations with the City, and various drafts 5 of a settlement agreement were exchanged over the course of 6 four or five months. Those negotiations continued through 7 mid-February of this year, before breaking down in March, 8 as Mr. Pepe had noted. Every iteration of that agreement 9 that we had discussed that we had ever considered, 10 accounted for, effectively, wiping out any pending code 11 violations that were currently pending against Stunna’s 12 Fit, regarding-- And that includes those regarding the 13 containers that are at issue today. In January, sensing 14 that the negotiations might not come to fruition after we 15 had not heard back from the City for a period of time, Mr. 16 Varona began actively posting the containers for sale on 17 various websites in an effort to moot this controversy 18 altogether. Because of his good faith efforts and because 19 of the questionable use of the code provision, which forms 20 the very basis of the citations, it is our position that 21 any monetary fine imposed against this business for the 22 container issue would violate Stunna’s Fit’s due process 23 Appendix Page No. 37 527 31 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 rights. We therefore request that your Honor declare these 1 citations issued are invalid, and we respectfully request 2 that they be dismissed. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Okay. I’ve heard your argument and taken account of it. I 5 believe that in a code-compliance, code-enforcement 6 scenario, the offense is either proven or not proven. In 7 general, I’m not-- And you know, I have a fair amount of 8 exposure to this area. I’m not conversant with a motion 9 practice. So, without ruling ultimately on the matter, 10 because the case will be heard today, you know, the motion 11 is not appropriate and will not be ruled upon. The case 12 will be heard and, you know, there will be an adjudication 13 on the merits. What I would want, if the City has any 14 comment before the City proceeds with the case, is an 15 understanding of whether these storage devices, pods, what-16 have-you, you know, temporary storage containers, have been 17 in the past cited under this code provision by te City, at 18 any time, you know. If this has ever come up before, I’m 19 simply asking. 20 CITY ATTY. THOMAS PEPE 21 I don’t know that answer. We would have to ask Mrs. Bynum 22 who’s been sworn. Mrs. Bynum? 23 Appendix Page No. 38 528 32 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Yes. 2 CITY ATTY. THOMAS PEPE 3 Yes. And do you remember when that occurred? 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 I don’t have the exact date. There’s another property in 6 the City that is has been-- They have been cited under 7 before. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 So, you have cited this Code Section for this violation 10 before? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 The City’s code enforcement has. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Okay. We don’t have the Building officials here, but, you 15 know, based on the evidence. I’m just gonna read out what I 16 think is, I don’t know, an important Section here as to the 17 definition: “Structures means anything constructed or 18 erected, the use of which requires a permanent location on 19 the ground, or attached to something having a permanent 20 location on the ground, including, but not limited to 21 signs, back stops for tennis court fences, screening, 22 closures, and pergolas.” I take administrative notice of 23 Appendix Page No. 39 529 33 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 these code sections, and I just note for the record that 1 the word “or” is used disjunctively, one or the other, and 2 it says “including, but not limited to.” So, you can 3 proceed with the case, and-- 4 CITY ATTY. THOMAS PEPE 5 Yes, Your Honor, and I would also like to cite Section 20-6 1.3 which provides that “if something is not permitted, 7 it’s prohibited.” So, unless there is a code provision that 8 permits these pods, then they are prohibited, and to that 9 extent they would be in violation. 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 What Section-- What Section is that? Is that of the Land 12 Developer Regulations? 13 CITY ATTY. THOMAS PEPE 14 That’s the Land Development Code. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 And what is that section again? And read it, please. 17 CITY ATTY. THOMAS PEPE 18 20-1.3 19 ATTY. KYLE TEAL 20 And Your Honor, just for the record, we would object to the 21 introduction of any new code provision that was not cited 22 in the actual notice of violation. It would be a violation 23 Appendix Page No. 40 530 34 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 of my client’s due process rights to introduce new 1 violations. He’s here today to answer the charges against 2 him. The charges being the Code Provision 20-1.7. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 And I appreciate that, counsel. Your objection is denied 5 because I don’t believe that you’ve been cited under this 6 Section. It’s being used as a reference and it’s customary 7 to refer to other laws and violations. I don’t believe they 8 were cited under this Section. 9 CITY ATTY. THOMAS PEPE 10 That’s, that’s correct. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 But it’s an interpretation, just as a way you’ve made an 13 interpretation, you know. We have quality on both sides, 14 so, that’s denied. Go ahead. 15 CITY ATTY. THOMAS PEPE 16 Alright. Mrs. Bynum? 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 Yes. 19 CITY ATTY. THOMAS PEPE 20 Going back in time to when you first sent out a courtesy 21 notice, would you explain to the Judge what you saw, what 22 you observed? 23 Appendix Page No. 41 531 35 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Yes, the containers were located in the rear of the 2 business. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 And when was that? Give a date, please. 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 And that was originally on March 31st of 2021. 7 CITY ATTY. THOMAS PEPE 8 And what did you do after observing those containers on the 9 property? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 We issued a notice of courtesy to the property owner as 12 well as Stunna’s Fit. 13 CITY ATTY. THOMAS PEPE 14 And what does that mean, a courtesy notice? 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 We’ve asked them to remove or to obtain permits or remove 17 (IA). 18 CITY ATTY. THOMAS PEPE 19 And did you cite a particular code violation in the 20 courtesy notice? 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 In the courtesy notice we did cite Section 20-1.7(b)1. 23 Appendix Page No. 42 532 36 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 CITY ATTY. THOMAS PEPE 1 And-- 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Of the Land, Land Development-- 4 CITY ATTY. THOMAS PEPE 5 Did you given them anytime-- 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Right, go ahead. 8 CITY ATTY. THOMAS PEPE 9 Did you give them any time to become, or bring the property 10 into compliance? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Yes. 13 CITY ATTY. THOMAS PEPE 14 How much time did you give them? 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 We gave them-- “Remove the containers or storage pods 17 located on the premises within twenty-four hours or obtain 18 a permit.” 19 CITY ATTY. THOMAS PEPE 20 And after that date did you make other observations as to 21 whether or not they had complied with the courtesy notice? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 43 533 37 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes. 1 CITY ATTY. THOMAS PEPE 2 And can you tell us when you made further observations? 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 On 7-2-21 we issued the Notice of Civil Infraction because 5 the property was still in violation. 6 CITY ATTY. THOMAS PEPE 7 So on 7-2-21, what did you observe? 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 That the containers, storage container, pods were still on 10 the premises without a permit or any approval. 11 CITY ATTY. THOMAS PEPE 12 And did you serve that citation on the owner and on-- owner 13 of the property and the owner of the business that was 14 occupying the property? 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Yes. 17 CITY ATTY. THOMAS PEPE 18 And who did you serve it upon? 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 We served to the property owner, Michael Miller, and we 21 served the tenant, which refused to sign. 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 44 534 38 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 And did you submit to the Magistrate exhibits for today’s 1 hearing? 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 We submitted the packet that we had from before. However-- 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 I’d like you to go through-- I mean, please, proceed, you 6 know, Mr. City Attorney, as you wish, but as part of that, 7 I want the Code Officer to go through each exhibit so they 8 can be placed in evidence. 9 CITY ATTY. THOMAS PEPE 10 Yes, would you please do that? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Okay. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Each one. One by one, please. 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Okay, City’s Exhibit A-- 17 CITY ATTY. THOMAS PEPE 18 Could you get a little closer to your mic, please? 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 City’s Exhibit A, is the Notice of Civil Infraction, 21 corrected, Courtesy Notice of Civil Infraction, #21-00123, 22 for the violation of 3-31-2021. City’s Exhibit A.1 is for 23 Appendix Page No. 45 535 39 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 the notice of Civil Infraction. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 I have a question about Exhibit A. 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 Yes. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 At the bottom where it says “Tennant Stunna’s Fit Gabriel 7 Varona refused to sign.” I understand refused to sign, but 8 did you leave a copy with that person. 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 Yes. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Okay go ahead. 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 City’s Exhibit A.1 is just an email to Ben and the others 15 uploading the Courtesy Notice of 21-00123 from Mr. Thomas 16 Pepe. City’s Exhibit B is the Notice of Civil Infraction 17 from the City of South Miami, Notice 21-00251 for the 18 violation of 7-2-2021. City’s Exhibit C is a Notice of 19 Hearing for the September 15th 2021 notice of Special 20 Magistrate. And actually, there are other notices-- 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Um-hum. 23 Appendix Page No. 46 536 40 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Of hearings dates in here, June 17th-- 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 What were you saying? Because I can’t, I can’t-- 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 There are other notices of hearing dates as well in here. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Okay. Are there notices-- 8 CITY ATTY. THOMAS PEPE 9 Is there a notice of hearing in there for the date of 10 September 24th 2021? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Yes. Yes. (IA). 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 I see September 15th. --- That earlier, that earlier hearing 15 was September 24th. 16 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 17 (IA). 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 I would like to-- I mean, clearly, everyone was here and 20 that was noticed because everyone was present, and 21 everybody participated, and we’ve heard presentations about 22 all that. I just wonder where-- 23 Appendix Page No. 47 537 41 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 (IA). 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Maybe the date was changed, I don’t-- 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 I think we had-- 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Please, go ahead. 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM D 9 Different dates and then we ended up agreeing on the 24th. 10 CITY ATTY. THOMAS PEPE 11 You must speak more clearly, and can you bring your 12 microphone closer to your face? 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 We had additional dates and-- 15 CITY ATTY. THOMAS PEPE 16 Your mic is off? 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 We had additional dates, however, we agreed upon meeting on 19 September 24th. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay, well, based on your testimony what you’re saying is 22 that you had an agreement with the Respondent that it would 23 Appendix Page No. 48 538 42 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 be on September 24th. 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 September 24th. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 When they were present. 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 Yes. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Is that what you’re saying? I just wanna be-- 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 Yes. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Alright. I’m (UI)-- 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 And, for the record, they were present. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Okay. Alright. 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 Okay. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Go ahead. 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 City’s Exhibit-- 23 Appendix Page No. 49 539 43 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Go ahead. 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 City’s Exhibit E, we have the property appraiser’s 4 information with the property owner and the-- All of the 5 legal description and the (UI) information. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 You know, it’s, you know-- Whether, I don’t know, it’s-- 8 The mic is on, and you’re-- But-- 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 Okay. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Try to speak-- I’m sorry-- 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 Um-hum. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 But try to speak a little more loudly because-- 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 Okay. City’s Exhibit E is the Miami-Dade County Property 19 Appraisers Tax Records Report. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay. 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 50 540 44 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 City’s Exhibit F, is the Consolidated Research and Planning 1 Corporations Information on Sunbiz.org. City’s Exhibit G, 2 is for the Sunbiz.org Stunna’s Fit, LLC information. City’s 3 Exhibit H, is Section 20-1.7 a, b, and c. City’s Exhibit J 4 is the Section 92.525, which is the verification of 5 documents, perjury by false written declaration penalty. 6 City. City’s Exhibit J [sic] is the J.S.I. Construction 7 Company of Florida Corp. Martin Espinoza v Eliyah Levy and 8 Ramon Levy, District Court of Appeals, Florida, October 9 22nd, 2008. 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 Um-- Right. And, okay. Um-- 12 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 13 And that’s the final portion here. Um-- 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 Okay, um-- Those are all customary exhibits in Code 16 Enforcement proceedings. Exhibit J is a case which I’m sure 17 counsel will enlighten us on, and administrative notice is 18 taken of that. And, unless there’s an objection, I am 19 admitting all exhibits into evidence. They’re all standard 20 code enforcement exhibits. 21 ATTY. KYLE TEAL 22 No objection, Your Honor. 23 Appendix Page No. 51 541 45 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Alright. And, please, go-- I mean, I just was interjecting 2 a few points I needed to-- Go ahead. 3 CITY ATTY. THOMAS PEPE 4 So, since the date of September 2nd, 2021, after you cited 5 the property owner and the tenant of the property, Stunna’s 6 Fit, did you make any further observations of whether or 7 not those pods had been removed? 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 Yes, I did. 10 CITY ATTY. THOMAS PEPE 11 And on what dates did you visit the property and make those 12 observations? 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 Okay, I’m gonna give the most recent dates because there 15 were several different visits to the property. I’d like to 16 note that on 4-22-22, all of the pods had been removed 17 except for one, at that point. However, on 4-21 they were 18 still in violation of the pods. And then, as of today-- 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Okay, I’m sorry, clarify that. Are you saying that-- 21 Because to me, that’s important. Are you saying on April 22 22nd they had all been removed except for one? 23 Appendix Page No. 52 542 46 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Yes. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 But on that April 21st, the day before, all the pods were 4 there? 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 There were at least two of them visible that I could 7 clearly see. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Okay. Well that-- 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 I can attest to those. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Is that your testimony-- 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Yes. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 That on April 21st you observed two pods on the property? 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 Yes. And, as of this morning, I inspected the property, and 20 if you’d like, I can enter for the record the fact of what 21 is there currently. Um, there is a-- One of the pods is 22 located outside of the fenced area, and I would like to 23 Appendix Page No. 53 543 47 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 enter that as evidence now. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 You want to enter that photo in evidence? 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 Yes. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 You took that photo yourself? 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 Yes, I did. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Okay. Unless there’s an objection, I am going to accept 11 that as the City’s next exhibit in order, and that would 12 be-- 13 CITY ATTY. THOMAS PEPE 14 Exhibit K? 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Exhibit K. 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 And I’ll show it too. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Okay, just like the earlier hearing, this needs to be made 21 part of the record by the City, in whatever way you’re 22 gonna do it. But um-- I see it, I see it, pictured in the 23 Appendix Page No. 54 544 48 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 photo. Thank you. 1 CITY ATTY. THOMAS PEPE 2 How close is that pod, the edge of the pod that’s closest 3 to the property in question, how close is it to the 4 property line? Or-- Not the property line, but actually, 5 the fence? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 It is abutting the fence, it’s right up against the fence. 8 CITY ATTY. THOMAS PEPE 9 And so, is part of that pod on-- Within the property line 10 of the property in question? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 There is a good possibility, because the-- I’m assuming, I 13 don’t have a survey. The fence is probably at the property 14 line, or somewhere close by and it’s right there, adjacent 15 to the fence. 16 CITY ATTY. THOMAS PEPE 17 I don’t have any further questions. 18 ATTY. KYLE TEAL 19 Good morning, Officer Bynum. 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 Good morning. 22 ATTY. KYLE TEAL 23 Appendix Page No. 55 545 49 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 How long have you worked for the City of South Miami? 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 Thirty-five years. 3 ATTY. KYLE TEAL 4 And all thirty-five years in the Code Enforcement 5 Department? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 Primarily. 8 ATTY. KYLE TEAL 9 Alright. And what’s the current title that you hold? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Senior Code Enforcement Officer. 12 ATTY. KYLE TEAL 13 How long have you held that title? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 For thirty plus years. 16 ATTY. KYLE TEAL 17 Now, you’ve spent a lot of time at Stunna’s Fit property, 18 is that right? 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 Yes. 21 ATTY. KYLE TEAL 22 If you could estimate, approximately, how many times you’ve 23 Appendix Page No. 56 546 50 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 been directed to go to that property to investigate 1 potential code violations, how many times would you say? 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 Oh, I’ve been there several times, I couldn’t give an 4 accurate number, but several times. 5 ATTY. KYLE TEAL 6 Yeah, in your long career in Code Enforcement, have you 7 ever given a business owner as much attention as you’ve 8 given Stunna’s Fit? 9 CITY ATTY. THOMAS PEPE 10 Objection. Irrelevant. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 I will allow-- I will allow the question. 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 No, I have not. 15 ATTY. KYLE TEAL 16 Why do you think that Stunna’s Fit is so often the subject 17 of Code Enforcement investigations? 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 That’s if you know. I mean, you, you know-- It goes without 20 saying. 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 Yes, in the fact that if we receive complaints. 23 Appendix Page No. 57 547 51 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. KYLE TEAL 1 And those complaints are what initiates those 2 investigations, is that right? 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 Often they are. However, periodically, we patrol the area 5 as well. 6 ATTY. KYLE TEAL 7 And do you think it has anything to do with personal 8 animosity with regard to neighbors of Stunna’s Fit. 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 I cannot say yes. However, I can say that most of the 11 complaints are generated from the neighbors. They almost 12 rarely, or never, come from anyone other than the adjacent 13 neighbors. 14 ATTY. KYLE TEAL 15 Now, are you directed by anyone within the City to go 16 investigate Stunna’s Fit? Or is it all neighbors’ 17 complaints? 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 Primarily the neighbors’ complaints. 20 ATTY. KYLE TEAL 21 You said primarily, that’s not always the case, though? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 58 548 52 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 We patrol on a regular basis, so being the fact that there 1 is an issue there, we do patrol, but never directed to just 2 go to Stunna’s fit. 3 ATTY. KYLE TEAL 4 Alright, I want to pivot over to these particular 5 citations, or the citation we’re dealing with today. When 6 did you become aware of the existence of the containers on 7 the subject property? 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 I first cited on March 31st 2021. And I cannot say that-- I 10 honestly cannot say if I witnessed them before, perhaps I 11 did. But I cited them on that date. And I, basically-- Like 12 I said, most of the issues arise at Stunna’s based on 13 complaints from the adjacent neighbors. 14 ATTY. KYLE TEAL 15 Okay, so you, you mentioned that you might have noticed the 16 containers being there before that date? 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 No, perhaps there was another officer in the area that’s 19 assigned to that area. It just happened to be, since I was 20 a senior officer, I started handling the cases there. 21 ATTY. KYLE TEAL 22 So, you don’t, you don’t recall what initiated the 23 Appendix Page No. 59 549 53 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 investigation into these containers of Stunna’s Fit. 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 I’m pretty sure it was a neighbor’s complaint. 3 ATTY. KYLE TEAL 4 Okay, and did that neighbor identify himself, or herself? 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 I believe so. I don’t have, I mean, I don’t have the 7 records in front of me of that particular date. But I’m 8 pretty sure it stemmed from-- It wasn’t-- I can clearly say 9 that it wasn’t that Code was, like, singling them out, or 10 whatever. But the neighbors have complained. 11 ATTY. KYLE TEAL 12 And do you, as Senior Code Enforcement Officer, do you 13 sometimes receive anonymous complaints from people? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Well, in the past we did. However, after July of 2021, we 16 could no longer do that. So-- 17 ATTY. KYLE TEAL 18 Okay, so you cannot say with any certainty, you, or how 19 this particular Code investigation was initiated, is that 20 correct? 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 Not at this time. I would have to look back into it, but at 23 Appendix Page No. 60 550 54 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 this time, no. 1 ATTY. KYLE TEAL 2 When you first noticed the placement of the containers on 3 the property, did you know that to be a code violation? 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Yes. 6 ATTY. KYLE TEAL 7 And did you know which provision in the code was being 8 violated by the, by the existence of those containers? 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 Yes, the Section that we normally use for storage 11 containers or pods of that nature. 12 ATTY. KYLE TEAL 13 And what is that Section? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 That’s the section which is cited here, the 20-1.7(b)1. 16 ATTY. KYLE TEAL 17 And have you ever used that Code Section in the context of 18 citing a business owner for a storage container on their 19 property? 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 Our Code Enforcement Division has. I’m pretty sure-- I-- 22 don’t quote me on this, I cannot-- Let me say this. I 23 Appendix Page No. 61 551 55 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 cannot attest to exactly which section, but others have 1 been cited for this, and I’m pretty sure it’s the same 2 Section. At this point-- That’s the Section that we use. 3 ATTY. KYLE TEAL 4 What other business owners were cited-- 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 Um-- 7 ATTY. KYLE TEAL 8 With that Code Section? 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 I cannot say. 11 ATTY. KYLE TEAL 12 You know when those citations were issued? 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 No, we have several citations, so it’s not that I remember 15 the date and the property owners of all of them. 16 ATTY. KYLE TEAL 17 I don’t believe I gave you a binder of our exhibits. If I 18 may I approach? 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Yes. I have a binder, I mean, but you mean-- did you give 21 one to the City? I don’t know. 22 ATTY. KYLE TEAL 23 Appendix Page No. 62 552 56 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Mr. Pepe has one, but (UI). 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Okay. 3 ATTY. BEN FERNANDEZ 4 Is that okay? 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 Yeap. 7 ATTY. BEN FERNANDEZ 8 Thank you (UI). 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Yeap. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Thank you. 13 ATTY. KYLE TEAL 14 If you could, for me, turn to Exhibit 3 of that binder. I 15 don’t know if there’s an objection to me introducing any of 16 these, Mr. Pepe. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Um-- 19 CITY ATTY. THOMAS PEPE 20 I don’t have any objection. 21 ATTY. BEN FERNANDEZ 22 Alright. 23 Appendix Page No. 63 553 57 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Okay, um-- There being no objection, the Respondent’s 2 binder is admitted into evidence as the Exhibits of the 3 Respondent, of the violator, as noted and as indexed in the 4 binder. 5 ATTY. KYLE TEAL 6 Thank you. So, Exhibit 3 is the Notice of Hearing Special 7 Magistrate, City of South Miami, dated May 4th 2022, you 8 recognize this document and that is your signature on the 9 second page, correct? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Yes. 12 ATTY. KYLE TEAL 13 What is the code provision that is cited in this notice? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Section 20-1.7(b)1. Section 20-1.7(b)1 of the Land 16 Development Code. 17 ATTY. KYLE TEAL 18 And why did you decide to cite this particular code 19 provision? 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 This is actually the notice of hearing. It’s just the 22 Section that was cited in the Notice of Courtesy, as well 23 Appendix Page No. 64 554 58 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 as the Notice of Civil Infraction. 1 ATTY. KYLE TEAL 2 Okay. So, then I’ll rephrase the question. Why did you 3 decide to cite this in the notice of Civil Infraction that 4 was issued against Stunna’s Fit for this purported 5 violation? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 Because this is the Section that we use for storage 8 containers, pods, things of that nature. 9 ATTY. KYLE TEAL 10 When you issued this citation, were you aware that Stunna’s 11 Fit did not construct or erect the containers on the 12 subject property? 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 No. 15 ATTY. KYLE TEAL 16 When you issued this citation, were you aware that Mr. 17 Varona had not permanently affixed the containers to the 18 ground? 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 No. 21 ATTY. KYLE TEAL 22 When you issued this citation, were you aware that Mr. 23 Appendix Page No. 65 555 59 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Varona had not affixed the containers on the ground in a 1 temporary fashion? 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 No. 4 ATTY. KYLE TEAL 5 When you issued this citation, were you aware of the City 6 of South Miami’s code definition of “structures”? 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 Yes. 9 ATTY. KYLE TEAL 10 Okay, and we have it also in the binder as Exhibit 4, which 11 has already been admitted without objection. Could you, for 12 me, read the definition provided for structures aloud for 13 us? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Structures mean any constructed or erected, the use of 16 which requires permanent location on the ground or attached 17 to something having a permanent location on the ground 18 including, but not limited to, signs, backstops for tennis 19 courts, fences, screening closures, or pergolas. 20 ATTY. KYLE TEAL 21 Thank you. So, after reading this, would you agree-- You 22 would agree the containers don’t fit this definition, 23 Appendix Page No. 66 556 60 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 correct? 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 No. 3 ATTY. KYLE TEAL 4 Thank you. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 I need you to clarify. You were asked would you agree, or 7 would you not agree, and you said no. And I don’t really 8 understand your response. 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 No, I don’t agree that it does not fit this. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 And I’m-- 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Okay. 15 ATTY. KYLE TEAL 16 Okay, just so I’m clear now. You agree that it does fit the 17 definition? Is that correct? 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 I agree that it does fit the rims of what we normally cite 20 under. That the-- I didn’t know if it was constructed 21 there, but it was there-- It was erected. It was there, on 22 the property. 23 Appendix Page No. 67 557 61 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. KYLE TEAL 1 Okay, well-- 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 So-- 4 ATTY. KYLE TEAL 5 Okay, so you had knowledge that it was erected on the 6 property? 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 It was on the property at the time. It was located there. 9 And that’s the way we generally handle those storage 10 containers and pods. 11 ATTY. KYLE TEAL 12 So was there an assumption by Code Enforcement that if 13 there is a storage container on a property then, 14 presumptively, it was erected or constructed there, on that 15 property? 16 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 17 There’s a possibility. 18 ATTY. KYLE TEAL 19 There’s a possibility which is enough to issue a code 20 citation. 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 Yes. 23 Appendix Page No. 68 558 62 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. KYLE TEAL 1 I want to turn your direction to, I don’t know-- Forgive 2 me, I don’t know what Exhibit this is, the City’s Exhibits. 3 It’s a picture of the storage container. 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Okay, yes. 6 ATTY. KYLE TEAL 7 I think it was towards the end of the packet. I don’t know 8 if you have it handy, Mr. Pepe, with the== What the Exhibit 9 letter is. 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 I’m looking through the-- 12 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 13 That-- 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 The City’s Exhibits. I-- 16 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 17 That was based on an e-mail of the picture sent to you. 18 ATTY. KYLE TEAL 19 Was this from the e-mail that you sent yesterday or prior 20 in the week? 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 Let me see the picture again. 23 Appendix Page No. 69 559 63 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 --- 1 ATTY. KYLE TEAL 2 In any case, you recognize that photograph? (IA). 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 Yes, um-hum. Yes, if you’d like-- I think that’s from the 5 earlier one. 6 ATTY. KYLE TEAL 7 When you say the earlier one, do you know when that 8 photograph was taken? 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 I have to-- Let me look at-- Give me just a moment to look 11 at the actual date. I’ll bring up the details on here, so-- 12 ATTY. KYLE TEAL 13 Alright. 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 I have it. (IA). 16 --- 17 ATTY. KYLE TEAL 18 Just for the sake of-- 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 I’m-- 21 ATTY. KYLE TEAL 22 It’s alright, I can actually ask it this way-- 23 Appendix Page No. 70 560 64 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Yeah, I’m just-- ‘Cause they’re so many of them, and I 2 just-- I don’t know where you got this one from. 3 ATTY. KYLE TEAL 4 It’s alright. 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 If you’d like-- If you tell me exactly where you got this 7 one from? 8 ATTY. KYLE TEAL 9 You know, I don’t think that’s necessary. 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 I mean, I do recognize it. 12 ATTY. KYLE TEAL 13 I don’t think it’s necessary. Let me ask you this, 14 throughout the course of any of your investigations any 15 time you visited Stunna’s Fit, you viewed the containers 16 from the outside of the property, is that correct? 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 Primarily. 19 ATTY. KYLE TEAL 20 Alright, then, did you ever inspect the inside of the 21 property throughout these investigations? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 71 561 65 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 I don’t recall. 1 ATTY. KYLE TEAL 2 Okay, so, from the outside of the property, isn’t it 3 correct that you were not able to view the bottom of any of 4 the storage containers? 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 The bottom of them? 7 ATTY. KYLE TEAL 8 Correct. The base. 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 No. 11 ATTY. KYLE TEAL 12 Okay. And all the photos that were submitted into evidence 13 by the City, none of those photographs depict the bottom or 14 the base of the storage containers, is that correct? 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 That is correct. 17 ATTY. KYLE TEAL 18 So then you could not know whether the containers were 19 affixed to the ground or not, is that right? 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 That’s correct. 22 ATTY. KYLE TEAL 23 Appendix Page No. 72 562 66 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 So-- 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 I-- That’s correct. 3 ATTY. KYLE TEAL 4 Apologies, please. 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 That’s correct. 7 ATTY. KYLE TEAL 8 So, was there also an assumption made by code enforcement 9 that perhaps these containers were affixed to the ground 10 when these citations were issued? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Perhaps. 13 ATTY. KYLE TEAL 14 I don’t have anything further, but I think my colleague, 15 Mr. Fernandez, has a few questions to ask. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 Okay. 18 CITY ATTY. THOMAS PEPE 19 Please, use the microphone because we’re recording this. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Well, t’s not, it’s not customary, but I will allow it. 22 ATTY. BEN FERNANDEZ 23 Appendix Page No. 73 563 67 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 I appreciate it. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 These are formal hearing, but please, do not be redundant 3 or duplicative, and, you know. Don’t go over the same 4 things. 5 ATTY. BEN FERNANDEZ 6 Mr. Rivas, I have but a handful of questions. That’s it. 7 I’ll make it as quick as I can. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 That’s fine. 10 ATTY. BEN FERNANDEZ 11 How are you Ms. Bynum? 12 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 13 Fine, thanks, and yourself? 14 ATTY. BEN FERNANDEZ 15 Great. Ms. Bynum, when was the first time that you went to 16 Stunna’s Fitness for any reason? 17 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 18 Oh, I have no idea. 19 ATTY. BEN FERNANDEZ 20 Would you say more than two or three years ago? 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 Yes. 23 Appendix Page No. 74 564 68 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. BEN FERNANDEZ 1 Okay. Would you have any reason to believe-- Let me ask it 2 a different way. I’ll represent to you that these 3 containers were brought on to their property sometimes in 4 March of 2020. Do you have any evidence or any knowledge to 5 dispute that statement? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 No. 8 ATTY. BEN FERNANDEZ 9 Okay. Your first citation for these containers was in March 10 of 2021, is that correct? 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 Yes. 13 ATTY. BEN FERNANDEZ 14 Okay. So, I’m going to represent to you that those 15 containers were on that property for one year. During that 16 year of March 2020 through March of 2021, did you ever 17 visit the Stunna’s property? 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 Ah, perhaps. 20 ATTY. BEN FERNANDEZ 21 Okay. These containers, they’re not small containers, are 22 they? 23 Appendix Page No. 75 565 69 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 No. 2 ATTY. BEN FERNANDEZ 3 They’re large containers, right? 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Yes. 6 ATTY. BEN FERNANDEZ 7 So, you’d agree with me that between March of 2020 to March 8 of 2021, you had seen these containers there, but you never 9 cited Mr. Stunna for them. 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Perhaps-- 12 ATTY. BEN FERNANDEZ 13 Varona, sorry. 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Perhaps. Like I said, there was another officer assigned to 16 the area, so-- And I don’t know at this point if he did or 17 not, but this was the first time I cited, on the courtesy 18 notice. 19 ATTY. BEN FERNANDEZ 20 So, based on that, do you think it’s possible that the 21 reason that you cited Mr. Varona was because of a 22 neighbor’s complaint about the containers? 23 Appendix Page No. 76 566 70 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 There is a good possibility. 2 ATTY. BEN FERNANDEZ 3 Okay. 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Yes. 6 ATTY. BEN FERNANDEZ 7 You as a Code Enforcement Officer, have discretion as to 8 whether or not you’re going to enforce certain portions of 9 the code, isn’t that correct? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Yes, that’s correct. 12 ATTY. BEN FERNANDEZ 13 So, would you agree with me that for approximately one year 14 of March 2020 to March of 2021, you elected not to enforce 15 this code against Mr. Varona. 16 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 17 Yes, that’s safe to say. 18 ATTY. BEN FERNANDEZ 19 Okay. And then the last questions that I wanted to ask you 20 were: Could you bring up that photograph that you took 21 today of the last container? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 77 567 71 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes. 1 ATTY. BEN FERNANDEZ 2 You can just hold it there in front of you, that’s fine. 3 Would you represent to Mr. Rivas whether or not that 4 container is affixed to the ground? 5 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 6 Yes, it’s not affixed to the ground. It doesn’t-- 7 ATTY. BEN FERNANDEZ 8 As a matter of fact, it’s sitting on two large wooden 9 beams, correct? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Yes. 12 ATTY. BEN FERNANDEZ 13 And that’s because it’s getting ready for transport. Would 14 you agree with me on that? 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Yes. 17 ATTY. BEN FERNANDEZ 18 Okay. The other thing is, that container, when you 19 originally went to the property in March of 2021, or March 20 of 2020, whenever it was, that container wasn’t in that 21 location that it is right not, was it? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 78 568 72 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 No. 1 ATTY. BEN FERNANDEZ 2 It was in a different location, right? 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 That’s correct. 5 ATTY. BEN FERNANDEZ 6 So, it’s consistent with Mr. Varona moving the container 7 and preparing it for transport, correct? 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 Yes. 10 ATTY. BEN FERNANDEZ 11 Okay. Ms. Bynum, I very much appreciate your time. I don’t 12 have any more questions. 13 ATTY. JOHANNA VEGA 14 Mr. Rivas, Johanna Vega, on behalf of the property owner, 15 just a handful of questions and I’m not going to reiterate 16 any points. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Did you affirm when we asked for the witnesses to be sworn 19 in? Did you raise your right hand and affirmed that you 20 would testify? 21 CITY ATTY. THOMAS PEPE 22 She’s an attorney. 23 Appendix Page No. 79 569 73 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. JOHANNA VEGA 1 I’m not testifying. I’m an attorney. I’m an attorney on 2 behalf of the property owner. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 You’re an attorney on behalf of the property owner. 5 ATTY. JOHANNA VEGA 6 Correct. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 And you’re here in that regard only. 9 ATTY. JOHANNA VEGA 10 Correct. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 What do you want to say, briefly. 13 ATTY. JOHANNA VEGA 14 I just have a few follow-up questions. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Okay. 17 ATTY. JOHANNA VEGA 18 Ms. Bynum, you conceded that the container that’s outside 19 of the property is not affixed to the ground. 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 Yes, that’s correct. 22 ATTY. JOHANNA VEGA 23 Appendix Page No. 80 570 74 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Okay. And it’s also not attached to anything else that is 1 affixed to the ground. 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 That’s correct. 4 ATTY. JOHANNA VEGA 5 And, when the containers-- You testified earlier that on 6 April 22nd 2022, you visited the property, and at that time, 7 all pods had been removed except one. 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 Yes. 10 ATTY. JOHANNA VEGA 11 At the time when you visited the property, you’d agree that 12 you didn’t notice any type of damage or holes or anything 13 to the ground that would have reflected that those pods 14 were affixed to the ground. 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 No, I didn’t notice that, no. 17 ATTY. JOHANNA VEGA 18 Okay. And you visited the property this morning. 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 Yes. 21 ATTY. JOHANNA VEGA 22 Okay. And did you notice whether there was any-- And you’d 23 Appendix Page No. 81 571 75 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 agree that that pod was removed, the one remaining pod was 1 removed. 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 Yes, did I agree-- That it’s here in the photograph. 4 ATTY. JOHANNA VEGA 5 Yes, that pod-- Did you notice whether there’s any damage 6 from the removal of that one pod, did you notice any damage 7 to the ground or to any other area on the Stunna’s property 8 that would reflect that it was affixed to the ground? 9 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 10 No, because I did not inspect the inside of the area. 11 ATTY. JOHANNA VEGA 12 Is there a reason you didn’t look at the inside of the 13 area? 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 Yes, because I only came by today to see where the pod was 16 located today. 17 ATTY. JOHANNA VEGA 18 At any point did you notice whether any of the pods that 19 you’ve seen on the premises at any time were attached to 20 anything else other than the ground? 21 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 22 No, I did not. 23 Appendix Page No. 82 572 76 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. JOHANNA VEGA 1 Okay. I have nothing else. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Alright, thank you, counsel. Do you have a template? Order? 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Yes. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Since the hearing has been active in terms of legal 8 representation on all sides, it’s not customary, but I will 9 allow if anybody wants to make a closing statement. Two 10 minutes or less and that’s one closing statement, not 11 multiple closing statements. And if you don’t wish to, 12 there’s no need to, you know. 13 ATTY. KYLE TEAL 14 Your Honor, we actually would like to call up a witness for 15 purposes of our defense, if we could. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 You’d like to call up a witness for (UI)? 18 ATTY. KYLE TEAL 19 Yes, Sir, Mr. Varona. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay. 22 GABRIEL VARONA 23 Appendix Page No. 83 573 77 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Do I go over there? 1 ATTY. KYLE TEAL 2 How would you like to, logistically, handle that? 3 CITY ATTY. THOMAS PEPE 4 Mr. Hall? Would you move, remove from there and make sure 5 the mic is turned on? 6 ATTY. KYLE TEAL 7 Thank you. 8 GABRIEL VARONA 9 Good morning. 10 ATTY. BEN FERNANDEZ 11 Mr. Rivas, may I proceed? 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Yes, you may. 14 ATTY. BEN FERNANDEZ 15 Thank you. Sir, could you please state your name of the 16 record? 17 GABRIEL VARONA 18 Gabriel Varona. 19 ATTY. BEN FERNANDEZ 20 Okay, and do you own the property-- Do you own the business 21 that operates in the City of South Miami known as Stunna’s 22 Fit. 23 Appendix Page No. 84 574 78 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 GABRIEL VARONA 1 Ye, Sir. 2 ATTY. BEN FERNANDEZ 3 Okay. I know that we’ve established this already, but I 4 just want to make it very clear for the record, the 5 containers that we’re here for today, do they still remain 6 on your property as we sit here today? 7 GABRIEL VARONA 8 No, just besides the one that’s waiting to be picked up. 9 ATTY. BEN FERNANDEZ 10 Okay, can you explain to Mr. Rivas what you mean by “the 11 one’s that’s waiting to be picked up?” 12 GABRIEL VARONA 13 There’s one outside the property on the logs, waiting for a 14 transport truck to pick it up. 15 ATTY. BEN FERNANDEZ 16 Ms. Bynum testified that on April 21st the containers were 17 present, but on April 22nd two of the three containers had 18 been removed. Is that consistent with your recollection of 19 the containers? 20 GABRIEL VARONA 21 Um, yes. On the situation, I’m not exactly sure on the 22 dates, so, yes, I’m going based off that, yes. 23 Appendix Page No. 85 575 79 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. BEN FERNANDEZ 1 Okay. I want to ask a question with regard to the 2 containers. 3 GABRIEL VARONA 4 Okay. 5 ATTY. BEN FERNANDEZ 6 When did you purchase the containers? 7 GABRIEL VARONA 8 In-- Right when Covid hit, 2020 March. 9 ATTY. BEN FERNANDEZ 10 And what did the containers cost you? 11 GABRIEL VARONA 12 Twenty-five hundred a piece. 13 ATTY. BEN FERNANDEZ 14 Okay. Why did you purchase these containers? 15 GABRIEL VARONA 16 So, the original reason why I got the containers was not 17 for storage purposes. 18 CITY ATTY. THOMAS PEPE 19 Objection. Totally irrelevant. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 You know, I’m going to uphold that objection because I 22 don’t see that your business purpose for purchasing that 23 Appendix Page No. 86 576 80 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 has any relevance to the Code Compliance proceedings. 1 ATTY. KYLE TEAL 2 Your Honor, if I may, just, it would go to certainly under 3 Chapter 162 of the Florida Statutes, any sort of mitigating 4 circumstances when considering a fine, imposing a fine, the 5 reason for having the containers on the property, any of 6 that would go to the relevance of, you know, this issue of 7 why he was cited. Why he had the containers on the 8 property. And why he had them removed. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Mitigating factors are normally, to my mind, other 11 situations, such as acts of God, or shortage of materials, 12 or other exigency. But for the sake of it, I’ll allow it. 13 Be brief about that. 14 ATTY. KYLE TEAL 15 Thank you. 16 ATTY. BEN FERNANDEZ 17 I think you Mr. Rivas. Mr. Varona, can you explain to the 18 court why you purchased the containers? 19 GABRIEL VARONA 20 Do to the original reasons why I had all my prior 21 violations, the noise complaints, the noise violations, and 22 code enforcement coming out so much because of the 23 Appendix Page No. 87 577 81 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 neighbors complaining about the noise, when I was looking 1 up ways to fixing that problem, one of them was I switched 2 the bay doors and I also got-- I purchased the containers 3 because I had seen online somewhere if you put the 4 containers as a wall and stuff them, it takes it as a sound 5 block. And I knew it worked, because the neighbors on that 6 side were no longer complaining. It was just one neighbor. 7 So, that’s originally why I did it. And I was never told 8 anything until, obviously, March. For a whole year I had 9 them, and then it worked for the purpose. 10 ATTY. BEN FERNANDEZ 11 During that year, do you recall whether or not Officer 12 Bynum came to your property? 13 GABRIEL VARONA 14 Yes, the City was there over a hundred times, yes. 15 ATTY. BEN FERNANDEZ 16 And at no point in time did they tell you that the 17 containers were in violation of any code? 18 GABRIEL VARONA 19 No one ever said anything to me about that. 20 ATTY. BEN FERNANDEZ 21 Nobody-- 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 88 578 82 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Could you get close to the microphone? 1 ATTY. BEN FERNANDEZ 2 Nobody ever gave you a courtesy citation or anything during 3 that one-year period of March 20th to March of 2021? 4 GABRIEL VARONA 5 No, Sir. 6 ATTY. BEN FERNANDEZ 7 Nobody ever told you those containers were in violation of 8 any codes? 9 GABRIEL VARONA 10 No. 11 ATTY. BEN FERNANDEZ 12 Nobody ever told you to remove those containers? 13 GABRIEL VARONA 14 No. 15 ATTY. BEN FERNANDEZ 16 The containers-- How did they arrive at your property? 17 GABRIEL VARONA 18 On a flatbed, like, big truck. 19 ATTY. BEN FERNANDEZ 20 Is that a flatbed that you own? 21 GABRIEL VARONA 22 No. 23 Appendix Page No. 89 579 83 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. BEN FERNANDEZ 1 Did you have to pay somebody to bring them? 2 GABRIEL VARONA 3 Yes. 4 ATTY. BEN FERNANDEZ 5 When they came, were they fully assembled? 6 GABRIEL VARONA 7 Yes, they did. 8 ATTY. BEN FERNANDEZ 9 Did you have to assemble them in any way, shape, or form? 10 GABRIEL VARONA 11 No. 12 ATTY. BEN FERNANDEZ 13 Did you ever affix the containers to the ground? 14 GABRIEL VARONA 15 No, all I did was move them in a certain way with a 16 forklift, that’s it. 17 ATTY. BEN FERNANDEZ 18 Okay. I want to talk to you a little bit about what you’ve 19 done since the negotiations with the City broke down, to 20 give Mr. Rivas an idea of what has transpired. Can you 21 explain to Mr. Rivas, with specificity as to the 22 containers, what efforts you have undertaken since 23 Appendix Page No. 90 580 84 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 negotiations broke down with the City? 1 GABRIEL VARONA 2 Due to the containers? 3 ATTY. BEN FERNANDEZ 4 Yes, for the containers. 5 GABRIEL VARONA 6 So, originally, I tried selling them as fast as I could, 7 didn’t-- It just-- I don’t know what happened, but it was 8 almost impossible to sell them. At one point I had somebody 9 come to come buy them, but they were impossible to move 10 because I no longer had a forklift accessible to use it, 11 because of the way I put them, it was almost impossible for 12 a truck to maneuver it. And that was my big issue in the 13 beginning. And then, I had someone who-- Some guy I know 14 that has a big property in the farmlands, in the Redlands, 15 he called me, and he said I can go over, and I can move 16 them, and I can take them, but I just have no purpose of 17 purchasing them. And I said I just have to get them out of 18 here. He came. They came, they moved two of them. They 19 moved even-- They took two of them and they even left the 20 third one very accessible for a truck and that’s why I was 21 able to get that one out and put it where it’s at now, to 22 leave. 23 Appendix Page No. 91 581 85 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. BEN FERNANDEZ 1 Okay, just so we’re clear, I think the court knows, but I 2 want to make it very clear, these are very large 3 containers, correct? 4 GABRIEL VARONA 5 Yeah, they’re twenty feet long, by eight feet wide. 6 ATTY. BEN FERNANDEZ 7 These are not containers that you can just simply put on 8 the back of an F-150 and drive them out. 9 GABRIEL VARONA 10 No way. They’re five-thousand, six-thousand pounds apiece. 11 ATTY. BEN FERNANDEZ 12 Okay, so they require heavy machinery? 13 GABRIEL VARONA 14 Yes. 15 ATTY. BEN FERNANDEZ 16 And they require an expertise in moving them or 17 transporting them. 18 GABRIEL VARONA 19 A hundred percent, yes. 20 ATTY. BEN FERNANDEZ 21 And they’re not trash that you can just take to the local 22 dumpster and turn them in. They have to be moved to a 23 Appendix Page No. 92 582 86 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 certain area that has a space or use for them, correct? 1 GABRIEL VARONA 2 Yes. 3 ATTY. BEN FERNANDEZ 4 Okay. And during this time period that we’re talking about, 5 which is when negotiations broke down with the City to 6 April 21st 2021, do you believe that you were making a good 7 faith effort to try and either sell or remove those 8 containers? 9 GABRIEL VARONA 10 Once I knew that we were no longer in negotiations, yes, I 11 got to it right away. 12 ATTY. BEN FERNANDEZ 13 Okay. If I may have a moment, Mr. Rivas? 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 Yes, you may have a moment. 16 ATTY. BEN FERNANDEZ 17 Mr. Rivas, I thank you for your time. We have no more 18 questions. 19 CITY ATTY. THOMAS PEPE 20 Just one question. Mr. Varona, before you placed those 21 containers on the property that you’re renting, the 22 property in question, did you bother to ask the City if 23 Appendix Page No. 93 583 87 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 those containers were allowed to be placed on the property? 1 GABRIEL VARONA 2 No. 3 CITY ATTY. THOMAS PEPE 4 No further questions. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 Very well. Thank you all. If there is no other testimony-- 7 As I mentioned earlier, if the parties, and that is, you 8 know, one a piece, want to make a brief closing statement, 9 two minutes or less, they can do so. And I would also like 10 to hear from the City, whatever staff is appropriate, what 11 recommendation the City might have. Because here, I’m gonna 12 make a ruling, but when I make that ruling, this matter is 13 not customary in the sense that there was a period of 14 negotiations, which was for an interim of time that I’ve 15 written down. Beyond that, it does seem to be that the 16 Defendant has-- This all goes to time and code compliance. 17 The Defendant has conducted-- The Respondent has conducted 18 certain mitigating factors in removing the containers, 19 though it appears, based on direct testimony, that they 20 were moved on a certain date and the date before, they were 21 still there. So, I’d like to hear about all of that. And, 22 I’ll make the ruling, you know, here, but I’d like to hear 23 Appendix Page No. 94 584 88 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 about those matters as well. And other than that, you just 1 make whatever closings you have in mind if you wish to. 2 ATTY. KYLE TEAL 3 We would like to make a closing statement, but I believe 4 the City should go first, correct? 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 That’s what would be customary, yes. 7 CITY ATTY. THOMAS PEPE 8 Alright, I will begin. So, first of all Section 20-1.3 of 9 this City’s Land Development Code, provides that if 10 something is not permitted, it’s prohibited. There’s a 11 definition of a building, and a building is a structure 12 having a roof supported by columns or walls and intended 13 for shelter, enclosure of equipment, goods, or materials of 14 any kind, which would include these pods, because they have 15 a roof, they have walls, and they’re an enclosure for 16 equipment, good, and materials. Section 20-1.7, which is 17 the Section that was cited as having been violated, states 18 that no building shall be placed, except in compliance with 19 revisions and procedures set forth therein. There’s nothing 20 therein that provides for the pod structures to be in 21 place. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 95 585 89 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 And excuse me, just for my clarification, if the Section 1 you’re referencing is, I just want to be sure that it’s 2 fully stated, 20-1.7(b)1, is that what you’re referring to? 3 “No structure shall be moved to or placed upon any premises 4 until a permit is…” Is that what you’re referring to? I 5 just want to-- 6 CITY ATTY. THOMAS PEPE 7 Yes, that particular section, (b)1, does not provide for 8 this particular-- These pods to be in place, and because of 9 Section 20-1.7(a) is a pertinent part of b and c, it 10 provides that, “except as provided herein, no building 11 shall be placed on any land, or used.” So-- 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 That’s where I’m-- That last, that last phrase, that’s what 14 I’m looking for actually. And I don’t-- I see (a) says, “no 15 building premises or structure shall be constructed, 16 erected, modified, altered, converted, occupied, placed, 17 maintained or moved, except in compliance with the--” Is 18 that the Section you’re referring to? 19 CITY ATTY. THOMAS PEPE 20 Yes, that’s the Section. 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Okay. Alright, alright. I just wanted to hear the whole-- 23 Appendix Page No. 96 586 90 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Alright, I understand. Go ahead. 1 CITY ATTY. THOMAS PEPE 2 So, these pods, no matter whether or not they were, or the 3 owner of the property and the occupier of the property, 4 notwithstanding the fact that they were not cited for over 5 a year, they were still not in compliance. And when they 6 were cited, that was March 31st 2021, and nothing was done 7 after that courtesy notice was issued. And then thereafter, 8 there was a citation, and I believe the citation was in 9 July, July 2nd? 10 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 11 Yes, that’s correct, July 2nd. 12 CITY ATTY. THOMAS PEPE 13 July 2nd-- 14 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 15 2021. 16 CITY ATTY. THOMAS PEPE 17 Of 2021, and still nothing was done, even though there was 18 negotiations that started in July, July 8th, nothing was 19 done between-- I’m sorry, not July, November 8th 2021. 20 Nothing was done between July and that November 8th date. 21 So, the owner of this property, and the tenant were totally 22 recalcitrant. They were just ignoring the citation, and for 23 Appendix Page No. 97 587 91 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 that reason, at the very least, they should be fined for 1 that period of time, from the date that that citation was 2 issued on July 2nd 2021 until the date that negotiations 3 began and thereafter. I think Your Honor has indicated that 4 you found that there was mitigating circumstances for the-- 5 that followed-- 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Well, presently, yes. 8 CITY ATTY. THOMAS PEPE 9 Yes. So, it’s my opinion that they should be found in 10 violation of Section 20-1.7 and fined for that period of 11 time from July 2nd 2021 to November 8th 2021. Thank you. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 And what is the fine that is prescribed by code? 14 CITY ATTY. THOMAS PEPE 15 $340.00. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 And, per code, is that a violation fine or is that-- 18 CITY ATTY. THOMAS PEPE 19 It’s a daily fine. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Is it a daily fine? 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 98 588 92 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 It’s a daily fine. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Okay. 3 CITY ATTY. THOMAS PEPE 4 And I believe the citation actually states that. Is that 5 correct, Mrs. Bynum? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 The citation actually says there’s a minimum (IA) penalty 8 if you let-- 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Speak into the mic Ms. Bynum. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 There’s a minimum civil penalty if it’s a correction 13 violation and it has been timely corrected, the fine is 14 $340.00 for the offense. If it is a correctible violation 15 and you fail to timely correct it, the fine is $340.00 per 16 day until it is corrected. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Alright, go ahead and then-- 19 CITY ATTY. THOMAS PEPE 20 I concluded my remarks. Thank you. 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Alright. Please, the respondents, please. 23 Appendix Page No. 99 589 93 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 ATTY. KYLE TEAL 1 Mr. Pepe states that the City Code doesn’t provide for a 2 permanent process for pods or storage containers. But the 3 absence of the Code provision that governs a particular 4 item, does not impliedly prohibit that act. The Code 5 Section that was cited, for purposes of this violation, was 6 20.1-7(b)1. (B)1, that subsection, says nothing about 7 buildings, it says “no structure.” “No structure shall be 8 moved to or placed upon any premises until a permit for 9 such placement is obtained.” Now, the definition of 10 structure is what is applicable here. If the City meant to 11 include buildings in Subsection (b)1, it would have 12 included the word buildings. It did not. Principles of 13 expressio unius dictate that only structures are at issue 14 for purposes of this particular code provision, which is at 15 issued today. Structures, and-- Your Honor, you had 16 mentioned, you had focused on the use of the word “or” in 17 that definition. “Are constructed or erected.” Well, you 18 heard testimony today from Mr. Varona that it was not 19 erected, none of the three containers were erected on this 20 property. They arrived assembled already, and they were 21 merely put onto Stunna’s property. Moving on to the next 22 “or” which requires permanent location on the ground “or” 23 Appendix Page No. 100 590 94 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 attached to something having a permanent location on the 1 ground. These containers were not attached to anything 2 having a permanent location on the ground. The testimony 3 confirms as much. The City made a lot of assumptions in 4 issuing these citations. The City assumed that the 5 containers were not constructed, or excuse me, were 6 constructed on Stunna’s Fit property. The City assumed that 7 the containers were erected on Stunna’s Fit property. The 8 City assumed that the containers were affixed to the 9 ground. The City assumed that the containers were attached 10 to something having a permanent location on the ground. All 11 of these assumptions were necessary to issue these 12 citations, and all of them require a finding that the City 13 falls well short of satisfying its burden of proving a 14 violation of the code, by competent, substantial evidence. 15 Officer Hughes-Bynum cannot recall what or who even 16 initiated this investigation, so, respectfully, Your Honor, 17 looking at the plain language of 21.7(b)1, there is no 18 violation here that applies to Stunna’s Fit. One moment, 19 please. And just alternatively, Your Honor, if you do find 20 that there is a violation, we submit that the evidence 21 shows that our client has made various good faith attempts 22 to mitigate. Of course, the negotiations that dragged on 23 Appendix Page No. 101 591 95 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 for months and months over the dispute with the City, the 1 efforts, the very reason that he purchased and placed the 2 containers on the property to serve as a sound buffer and 3 had the dual purpose of storage, should be considered as a 4 mitigating factor. And the fact that he’s made every 5 reasonable effort to remove those containers from the 6 subject property since he realized that a settlement was 7 not achievable with the City, including suffering a 8 financial loss and giving away two of those very expensive 9 containers, we think should also be taken into account. 10 Thank you, Your Honor. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Thank you all. 13 ATTY. KYLE TEAL 14 I think we have some comments from Ms. Vega. 15 ATTY. JOHANNA VEGA 16 Yes, Your Honor, just briefly. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ RODRÍGUEZ 18 I said one closing statement, so, please make it very 19 brief, because there’s not--. 20 ATTY. JOHANNA VEGA 21 We represent separate parties, Your Honor. They represent 22 the tenant, I represent the property owner-- 23 Appendix Page No. 102 592 96 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ RODRÍGUEZ 1 Alright, go ahead. 2 ATTY. JOHANNA VEGA 3 Which is also being cited. Your Honor, I’d just like to 4 echo, obviously, Mr. Teal’s comments. And just to sum up, 5 there is no evidence that the City has provided that 6 supports, exactly, verbatim, what the ordinance language 7 is, and in order to be able to assess fines, they would 8 need to have-- They’ve needed to provide evidence, or they 9 needed to show evidence. One, that this structure was 10 constructed or erected on the premises, and there is no 11 evidence of that. And two, they needed to provide evidence 12 that the use of that structure required a permanent 13 location, which Ms. Bynum stated, she confirmed that it was 14 not permanently affixed to the ground, or was there any 15 damage to the ground, or they needed to present evidence 16 that the structure was attached to something else having a 17 permanent location on the ground. And again, there’s no 18 evidence of that. So, looking at the evidence that was 19 presented by the City, the evidence does not meet what 20 they’ve cited under the code, which is Section 20-1.7. So, 21 based on that, there’s insufficient evidence to assess 22 fines against the tenant or against the property owner at 23 Appendix Page No. 103 593 97 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 that. So, we would request that the citation be dismissed 1 and that no fines be assessed against either party. Thank 2 you. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Thank you. And I stand corrected. Looking at the citation, 5 as is customary, actually, I correct myself. I do see that 6 both parties were cited. So, yeah, you’re fully entitled to 7 make a closing. I appreciate everybody’s participation and 8 all the arguments that have been raised. There’s been many 9 novel arguments raised. The order that I am going to enter 10 is going to take into account all evidence that is of 11 record. Additionally, the transcript of the proceedings for 12 Case #21-00251, held on November 21st, are included in the 13 record. 14 ATTY. KYLE TEAL 15 Your Honor, apologies for the interruption. But, not to put 16 a fine point on it, the actual transcript that I have seen, 17 I’m not sure if that’s what Your Honor’s referring to, it 18 was transcribed by City staff. It was not certified by a 19 court reporter or anything like that. I don’t know if there 20 is a practical or procedural mechanism for entering the 21 actual recording as evidence, we would have no objection to 22 that. 23 Appendix Page No. 104 594 98 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Right, well, I’m including it in the record as to the 2 mechanical or evidentiary standards for it being 3 transcribed. I don’t think I need to go into that in the 4 order. I think that’s beyond the order. Your point is 5 accepted. 6 CITY ATTY. THOMAS PEPE 7 And Your Honor, it was September 24th 2021. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Right, I believe I said that date. If I didn’t-- Held on 10 September 24th 2021, is included in the record. I believe 11 here that I make the following findings, and I will-- I’ll 12 make the following findings and I’ll limit it to (UI) what 13 I am saying that I feel is appropriate here. Based on all 14 the facts, and all the arguments, and all the evidence 15 contained in the record which have been heard today, and 16 earlier, I find, and I conclude that a pod is included 17 within 20-1-7 [sic] in terms of jurisdiction. I find that 18 under the section cited, that the pods that were placed on 19 the property were in violation of Section 20-1-7 of the 20 City’s Land Development Code. For the record, I further 21 find that 20-23, in the humble opinion of this magistrate, 22 provides anything constructed or erected. I do not read 23 Appendix Page No. 105 595 99 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 into the language and will not interpret it to include that 1 it means it’s constructed or erected by a respondent or by 2 an owner, or on site. It doesn’t say that. The use which 3 requires permanent location on the ground attached to 4 something, having a permanent location on the ground, you 5 know, whether it be a permanent location on the ground, or 6 disjunctively, attached to a permanent something, having a 7 permanent location on the ground-- Again, they are 8 disjunctive, they are not conjunctive. I believe a pod is 9 embraced in that, and consequently, I believe that by clear 10 and competent evidence, violation has been proven. The 11 hearing cost of $125.00, this is customary for every single 12 case, is assessed. The civil penalty which I am going to 13 prescribe, I believe is the minimum civil penalty that 14 would be applicable here. I will just explain. I don’t 15 think it’s a reason to cloud the order with unnecessary 16 recitations, but it is for the period-- It’s a per diem 17 fine per the Code. So it’s a fine of $340.00 per day, per 18 diem, and it runs from July 2nd 2021 to November 8th 2021. I 19 am not gonna include the months thereafter where 20 negotiations, I presume in good faith, were entered into 21 between the parties, nor am I gonna include the (UI) times 22 that times that while cloudy, because there was some 23 Appendix Page No. 106 596 100 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 conflicting testimony, it seemed the pods were there for a 1 period of time this year recently, will give the 2 Respondents the benefit of the doubt in that regard. If 3 someone has a calculator, can they tell me what that period 4 of time is, three forty per day, from July 2nd to November 5 8th? 6 ATTY. BEN FERNANDEZ 7 Your Honor, it’s $45,150.00. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 So-- 10 ATTY. BEN FERNANDEZ 11 A hundred and twenty-nine days. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Okay. $45,150.00. I hope that’s correct, because I don’t 14 have a calculator here with me. Let’s just verify that. 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 If you give me a minute (IA) give me just a moment. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Yes, I will, that’s fine. 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 I’m sorry, give me just a moment, let me put in the-- 21 ATTY. KYLE TEAL 22 And while we wait on Officer Bynum, I would like to assert 23 Appendix Page No. 107 597 101 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 my objection and ask how a per diem of three forty is in 1 line, and does not violate Section 16209 subsection 2(a), 2 which caps the allowable per diem fine at two fifty per 3 day. 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 Well, the Code has that fine in-- That’s a Land Development 6 code regulation. You’re making that argument now. The 7 argument was not made earlier. And it is not for me to, you 8 know, be questioning the legality of city codes as written. 9 If you want to take that to circuit court, take it to 10 circuit court, be my guest, you know. But my job as a 11 magistrate is, that is the code section as cited and as 12 charged, as written. 13 ATTY. KYLE TEAL 14 Understood (IA). 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 So, I think what you’re doing is actually, you’re attacking 17 that code section for the first time now-- 18 ATTY. KYLE TEAL 19 Right. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 At this hearing, at this point. 22 ATTY. KYLE TEAL 23 Appendix Page No. 108 598 102 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes, and I (UI). 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Okay. 3 ATTY. KYLE TEAL 4 Correct, thank you. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 And not having done so earlier. 7 ATTY. KYLE TEAL 8 Correct. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 So, besides not giving me the benefit of being able to look 11 at that at any of the prior proceedings, it is beyond my 12 province as a magistrate. Am I clear? 13 ATTY. KYLE TEAL 14 Understood. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Alright. 17 ATTY. KYLE TEAL 18 Now, having viewed the hearing recording from September 24th 19 2021, I did not hear that there was a fine assessed. The 20 fine has just been assessed, just now, for the first time. 21 (UI). 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 109 599 103 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 But the fine, the fine, as prescribed, was that amount, and 1 that amount was readily discoverable to anyone because the 2 City has stated that that is the stipulated amount. That 3 was not a mystery. That was not obscure. That was not 4 unknown. 5 ATTY. KYLE TEAL 6 There was no adjudication of whether or not-- 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 No, there was no-- 9 ATTY. KYLE TEAL 10 Our client had or had not committed the code violation-- 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Right. 13 ATTY. KYLE TEAL 14 Until just now. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 And perhaps there should’ve been an adjudication at the 17 earlier hearing, but in any event, we’re making it today. 18 ATTY. KYLE TEAL 19 Sure. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Alright? 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 110 600 104 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 At 129 days if we don’t include the November 8th, it would 1 be $43,860.00. If we include November 8th, it would be 130 2 days at 44,200.00. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 Well, we normally don’t include the day of the act that 5 we’re talking about. Like if it’s something that’s not on a 6 Sunday, you don’t include the Sunday. So, tell me the 7 figure without including that. 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 That would be $43,860.00 for a hundred and twenty-nine 10 days. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Repeat, repeat. 13 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 14 One hundred and twenty-nine days at a total of $43,860.00. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 A hundred and twenty-nine days for a total of forty-three 17 thousand-- 18 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 19 $860.00. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay. 22 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 23 Appendix Page No. 111 601 105 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Is that what you got? What you get? I can’t-- 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Now, just as a technical point because of something counsel 3 brought up. I just want a response from you. I think I know 4 the answer, but I just want it on the record. The three 5 forty per diem, is the amount stipulated by the regulations 6 for this violation. 7 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 8 Yes. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Okay. 11 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 12 In the notice. As it is noticed in the notice. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Right, that’s what it-- 15 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 16 Yes. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Okay. Alright, so the total of the figure of $43,860.00 19 plus the hundred- and twenty-five-dollar administrative 20 fee, I have as a total, $43,985.00. The deadline will not 21 be extended, and, again, the special provisions of the 22 order are that all exhibits, testimony, and evidence placed 23 Appendix Page No. 112 602 106 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 in the record having been considered, is treated as being 1 made part of the record. And I am going to say further that 2 administrative notice is taken of the City’s Land 3 Development Code including, without limitation, Sections 4 20-1.7 and 20-2.3. So, that is the order that has been 5 rendered. I thank you all for your participation and your 6 involvement and very good arguments. I have entered the 7 order I feel is appropriate. Thank you. 8 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 9 Excuse me, if I could say one thing, would you all for the 10 record, would you please sign the sign-in sheet, with your 11 name, everyone that’s here? 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Thank you. Thank you all for coming in and-- 14 ATTY. KYLE TEAL 15 Thank you. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 I do regret this was not earlier resolved. 18 ATTY. KYLE TEAL 19 (UI) how these things go, right? Enjoy your day. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Okay, you as well. Here’s the order, you want to check it 22 over, and just be sure everything is-- 23 Appendix Page No. 113 603 107 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 1 Yeah. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 I think it’s fine, but check it over. I do wanna make just 4 a general point, not speaking to any one case on the record 5 with an argument about the maximum of two fifty. I have 6 heard-- Just would be an interesting point to look into 7 because in various cities, I have heard fines that are 8 provided for in the code or two fifty, of five hundred, or 9 seven fifty, of a thousand. So, I don’t-- But it’s just an 10 interesting point. Somehow I feel that, you know-- It’s 11 just an interesting point too. 12 CITY ATTY. THOMAS PEPE 13 Right. 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 Because I just hear greater amounts all the time. So, 16 right. 17 CITY ATTY. THOMAS PEPE 18 Right. But I believe that Chapter 162 sets, you know, two 19 fifty to five hundred range, and-- 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Yes. 22 CITY ATTY. THOMAS PEPE 23 Appendix Page No. 114 604 108 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 It also provides that the City have an alternative method-- 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Right, right. 3 CITY ATTY. THOMAS PEPE 4 Of enforcing-- 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 Which is, which is the Special Magistrate method, and the 7 two fifty to five hundred is the range. And then there’s 8 higher range for repeat violations. And-- 9 CITY ATTY. THOMAS PEPE 10 (UI). 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Higher, and even depending on the population of a county-- 13 CITY ATTY. THOMAS PEPE 14 The population, yeah. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 And whether you have passed a law. Have you passed a law 17 here? 18 CITY ATTY. THOMAS PEPE 19 No, no, we haven’t. But I don’t think that we would be 20 allowed to because our population is only twelve hundred-- 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Okay. 23 Appendix Page No. 115 605 109 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 CITY ATTY. THOMAS PEPE 1 And I think it’s fifty-- 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Twelve hundred? 4 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 5 Twelve thousand. 6 CITY ATTY. THOMAS PEPE 7 (UI) twelve thousand. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Okay, alright, twelve-- Right, you’re not-- Okay, right. 10 Okay. 11 CITY ATTY. THOMAS PEPE 12 So, we would not qualify to have-- 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 Alright, alright, alright. 15 CITY ATTY. THOMAS PEPE 16 A higher fine. Like the county-- 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Right, right. 19 CITY ATTY. THOMAS PEPE 20 The county, the county could have (UI). 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Right, right, right. Well, it’s just an interesting, 23 Appendix Page No. 116 606 110 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 something to-- I mean, again, just a general observation. I 1 hear fines all the time of higher amounts and it’s not a 2 unique thing to-- Alright, so-- 3 CITY ATTY. THOMAS PEPE 4 Right. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 Making a point. The other-- Okay, so that’s that. The other 7 case we have, can we-- 8 MR. HALL 9 Yes, I’m ready. 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 Okay. Let me see the proposed order on the other case, and 12 I am going to find that on the other case, that this has 13 been noticed and I just, for the record, on case #21-00346 14 involving Betty M. Roberts estate of Charles Mead Roberts, 15 I’m just gonna note for the record that there’s no 16 respondent or agent for respondent present. Now, that being 17 said, I want you to act as if they are present and go 18 through each exhibit and each question involved, you know. 19 MR. HALL 20 Yes. This case was brought in front of you in January and 21 you made a ruling. However, it was not fully corrected, and 22 I just wanted to extend him a courtesy and bring him back 23 Appendix Page No. 117 607 111 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 so he can realize the validity of this case. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 And refresh, refresh my recollection because, again I’m 3 gonna have to refer-- 4 MR. HALL 5 Of course. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 To the earlier-- What date was that exactly, because I’m 8 gonna have to refer to-- Was there an order entered (UI)? 9 MR. HALL 10 Yes, there was an order. The order is in the back of your 11 packet. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Yeah, just a second, hang on. Hang on. 14 MR. HALL 15 January 21st 2022. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 That order is included in the packet? 18 MR. HALL 19 Yes, it’s-- I can show it to you if you want me to. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Alright, alright, okay. That order’s in the packet. Okay, 22 then just proceed. No, I just, you know. You can proceed to 23 Appendix Page No. 118 608 112 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 go through each item and then we will, you will address it 1 when you come to it. 2 MR. HALL 3 Okay, this is Case #21-00346 violation of Section 12-7 of 4 the City’s code of ordinances with a fine of $200, dense 5 growth and vegetation, overgrowth, including along 69th 6 Terrace all continue to exist at the subject property. If 7 you would look at the beginning of the packet, there’s a 8 courtesy notice written by David Schruter #2732, behind 9 that is the return receipts for that courtesy notice. 10 There’s a Notice of Civil Infraction, #1037 for this case 11 #21-00346. Proof of service is behind that. Mr. Roberts 12 paid the $200.00 fine, and that receipt reflects that fine 13 that he paid. May 5th is the next page, is the notice of 14 hearing that was sent out on May 5th with the proof of 15 service in the back of that, and then we have the PTXA 16 showing who the property owners are as of 5-19-2022. And we 17 have another PTXA from the previous case showing who the 18 property owner is as of 7-9-2021. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 Is there any change? 21 MR. HALL 22 No, there’s no change. 23 Appendix Page No. 119 609 113 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 1 Alright. 2 MR. HALL 3 I just left it in so that you can see the-- 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 Alright. 6 MR. HALL 7 Consistency. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Alright. 10 MR. HALL 11 Um, 12-7 is a code that this property was cited under. The 12 Section of code there, and then there’s pictures of the 13 violation that I took this morning before the hearing. And 14 then of course, there’s older pictures from 7-29-2021, and 15 then behind that, is the order from January 21st 2022. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 I’m going to-- 18 MR. HALL 19 You can read over that. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 I remember this now. 22 MR. HALL 23 Appendix Page No. 120 610 114 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 And that I encouraged the City-- 3 MR. HALL 4 Yes. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 And the violator to meet and resolve this. Though I did 7 find a violation. So I am going to take administrative 8 notice of Section 12-7(a) which is still the one at issue, 9 right? 10 MR. HALL 11 12-7, yes. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 Of the City Code, and the order entered January 21st in this 14 case, is taken. So, you know, now, what has happened since 15 that time? Why has the City brought this back? And what is 16 it that you’re asking for now? 17 MR. HALL 18 As a courtesy we-- I just wanted-- Since I’m new to the 19 case, I just wanted to give him a fair chance to correct 20 the violation thoroughly. As of today, he has not. He 21 started, but it’s not quite finished, and before I proceed 22 with the $200 fine, I wanted to bring him back for a second 23 Appendix Page No. 121 611 115 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 chance to rectify the situation. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Alright. I understand your explanation in terms of there 3 being a violation, because it is your testimony that this 4 condition still exists and has not been fully corrected. 5 MR. HALL 6 Yes. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 And that the condition of the foliage and the weeds and the 9 overgrowth is still in violation of that Section of the 10 Code. 11 MR. HALL 12 Yes. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 And you have gone there recently and personally observed 15 that. 16 MR. HALL 17 This morning, yes. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Okay. And it’s still that way. 20 MR. HALL 21 It’s still that way. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 122 612 116 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 So, again, this being a single individual, as I recall, you 1 know. 2 MR. HALL 3 Um-hum. 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 To try to be fair-- What would be, presuming that the City 6 promptly gives him a copy of this order, for example, what 7 would be a reasonable date to give them to come into 8 compliance, to cure from today’s date, after which point 9 the fine would start, looking at what you know of this 10 situation? 11 MR. HALL 12 Can we say twenty days? 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 We can say thirty days. 15 MR. HALL 16 Thirty days? 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Yes-- 19 MR. HALL 20 Okay, that’s fine. 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 We can’t say twenty days. 23 Appendix Page No. 123 613 117 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 MR. HALL 1 Okay, thirty days is fine. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 Okay. So, shall be extended thirty days to-- What are 4 thirty days from today? 5 MR. HALL 6 Today’s the 20th, so thirty days from today would be the-- 7 We’re in May-- June 30th, I guess? I’m not sure. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 I need you to tell me (UI). 10 MR. HALL 11 June 20th? Yeah, June 20th. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 What is it? I mean, I just want a clear, you know (IA). 14 MR. HALL 15 ‘Cause we’re in May now. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 Yes. 18 MR. HALL 19 May 20th. 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 Yes. 22 MR. HALL 23 Appendix Page No. 124 614 118 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 So, thirty days from today would be June 20th. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Right, but there’s different days in a month and all that 3 (IA). 4 MR. HALL 5 June 19th, which is on a Sunday. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Okay, so that would push it to the next day-- 8 MR. HALL 9 Which is-- 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 Monday. 12 MR. HALL 13 The 20th. 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 So, Monday is the 20th. 16 MR. HALL 17 Yes. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Okay? So, they have till the 20th of June. 20 MR. HALL 21 Yes. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 125 615 119 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 To comply. So, the daily fine for this is-- Or the fine for 1 this is-- 2 MR. HALL 3 The fine would be $200.00. 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 And it’s not a daily. 6 MR. HALL 7 It’s not a daily yet, no. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Okay. 10 MR. HALL 11 It goes from two hundred-- 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 So-- 14 MR. HALL 15 Four hundred, then five hundred. 16 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 17 Right, right. 18 MR. HALL 19 (UI). 20 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 21 You explained that to me once. 22 MR. HALL 23 Appendix Page No. 126 616 120 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Yes. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Actually on this case, but are we at the point that we’re 3 beyond the two hundred? No, because we’re-- 4 MR. HALL 5 No. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Alright, so-- 8 MR. HALL 9 Well, he’s been cited for the $200.00, so technically-- 10 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 11 I’m asking you. You need to tell me. 12 MR. HALL 13 It’s $400.00. 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 You need to tell me. 16 MR. HALL 17 Yes, technically-- 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Right. 20 MR. HALL 21 It’s $400.00. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 127 617 121 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Right. 1 MR. HALL 2 We’re at the $400.00 mark now. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 You tell me what the fine is. I’m not gonna make (UI). 5 MR. HALL 6 $400.00. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Okay, alright. So, $400.00. 9 MR. HALL 10 Yes. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Would be payable on 6-20-21 if not fully corrected by such 13 date. So, and with the administrative fee we have total of 14 five twenty-five. 15 MR. HALL 16 Yes. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 So, a fine of $400.00 is automatically assessed per the 19 applicable code provision for this violation. If this 20 violation is not fully cured or corrected, before 6-20-22, 21 a $400.00 fine shall be automatically due and payable on 22 that date. Okay? 23 Appendix Page No. 128 618 122 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 MR. HALL 1 Sounds good. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 So that’s the order that we will enter here and here’s-- 4 Here it is. The first case, the City agreed to continue. 5 MR. HALL 6 Yes. 7 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 8 Is there any other business before the Magistrate today? 9 MR. HALL 10 Yes. We have false alarms presented by Elaine Alvarez, from 11 Finance. That’s on the agenda, it’s the third page. 12 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 13 You know, I looked at this-- And at least on my agenda that 14 I printed out, just for what it’s worth, they’re not here, 15 and this has been noticed, right? 16 MS. ALVAREZ 17 No. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 I’m sorry Ms. Alvarez, what did you say? 20 MS. ALVAREZ 21 Sorry, you asked if they’re here? 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 129 619 123 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 They’re not here and this has been noticed. 1 MS. ALVAREZ 2 Yes. 3 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 4 I guess what I’m saying is, when I looked at the agenda, I 5 saw a list of false alarms, but I didn’t see any item or 6 case written up. When you look at my agenda-- 7 MS. ALVAREZ 8 Okay. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 It ends with item three, which is the pod issue that we 11 spent, you know, some time on. Then there is a page (UI) 12 false alarms. There is no statement of a case. 13 MS. ALVAREZ 14 Oh. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Okay, so the question becomes more importantly than this, 17 was this appropriately cited and noticed for today? 18 Because, again, when I looked at this, frankly, I thought 19 this was just some City page that had mistakenly been added 20 there for a series of false alarms. Am I clear? 21 MS. ALVAREZ 22 Yes, we just always normally just create an Excel, and then 23 Appendix Page No. 130 620 124 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 we send out notices to the residents. 1 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 2 Yes, Code doesn’t open-- Code does not open a case, per se, 3 for these false alarms. We just listed it on here as item 4 3. On your agenda it’s listed, on the agenda, as item #3 5 false alarms. 6 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 7 Well, at least on the one I printed, unless it was added 8 later, I-- I’m not making a federal case out of it, but I 9 don’t-- Oh, item three false alarm is there, okay. Alright, 10 I see. And that reminds me, on the agenda, please remember 11 I want you to add swearing in of witnesses, because-- 12 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 13 Okay, we will, we will add that. 14 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 15 That is typically there in every other city that I’ve seen. 16 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 17 We’ve never had it on ours, but we will add it. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 I want you to add it because-- 20 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 21 We’ll definitely add it. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 131 621 125 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 If it’s not there, people, including the magistrate and 1 staff, forget that witnesses need to be sworn in. So, it 2 needs to be added. 3 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 4 Okay. 5 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 6 So, what does-- This is a first for me, what does a 7 magistrate do with the false alarms? What is the point of 8 this exercise? 9 MS. ALVAREZ 10 We send the residents to Collections for not paying. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 And, because they have violated the false alarm ordinance 13 and they’ve had too many false alarms at their property. 14 MS. ALVAREZ 15 It’s when they have outstanding amounts for more than 16 thirty days. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 And all of these residents that are listed here-- Residents 19 and businesses, excuse me-- 20 MS. ALVAREZ 21 Yes. 22 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 23 Appendix Page No. 132 622 126 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Have this amount that is due for-- So, please, go ahead and 1 say what you normally plan to say about this. But I just, I 2 will need some instruction from someone as to what I’m 3 supposed to do, because I’ve never been presented false 4 alarms anywhere, you know, as a magistrate. 5 MS. ALVAREZ 6 We just wanted to state whether they should go to 7 Collections or if they should be deferred. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Well, to me, insofar as you seek counsel from, or some kind 10 of statement from the magistrate on this, unless the 11 finance director or the chief budget officer of the City 12 has a different opinion, I would go by your past practice. 13 So if they are due and owing for that period of time, and 14 they haven’t been paid, and you’re not aware of a 15 bankruptcy or some other unique situation like that, a 16 receivership, a bankruptcy-- 17 MS. ALVAREZ 18 Okay. 19 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 20 You know, yes, I would act in accordance with your past 21 practice. 22 MS. ALVAREZ 23 Appendix Page No. 133 623 127 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Okay, thank you. 1 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 2 Is that what you want to hear, or is there something else 3 you want me to-- 4 MS. ALVAREZ 5 Yeah, that’s fine. 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 And you want to just accept this as it is, and I guess you 8 can just-- Some of the names have been removed because they 9 have since paid. So those that have paid as of up to date, 10 will be removed from this list. 11 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 12 Right, before-- It’s very important because the City, I 13 mean, well, the City-- The City Attorney is no longer-- 14 Okay, he’s not here. You know you do have to comb this list 15 and you have to remove anyone that has paid. 16 MS. ALVAREZ 17 Of course. 18 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 19 Or anyone that you have a payment plan, because if you send 20 this to Collections and they have paid, it could be bad 21 faith, and someone might bring like a collection violation 22 suit against the City, you know. 23 Appendix Page No. 134 624 128 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 MS. ALVAREZ 1 Yeah. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 So, you wanna be sure that you only send it to people that 4 have not entered into payment plans and have not paid. So, 5 you have some in-house’s way of doing that, right? 6 MS. ALVAREZ 7 Yes. 8 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 9 Well, then, yes, otherwise you would proceed to send it to 10 the collection agency you have an arrangement with. 11 MS. ALVAREZ 12 Yes, correct. 13 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 14 That was approved by the City-- 15 MS. ALVAREZ 16 Yeah. 17 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 18 Manager or the Council, or whoever at some point, right? 19 MS. ALVAREZ 20 Correct. 21 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 22 Yes, you would do that, yes. 23 Appendix Page No. 135 625 129 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 MS. ALVAREZ 1 Thank you. 2 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 3 No, no, of course. I just wasn’t sure what I-- Yes, that’s 4 fine. Thank you for bringing it to my attention. 5 --- 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 So, we don’t need to read them for the record, you’re 8 accepting the entire list? 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 To take a formal-- I accept the entire list of false alarms 11 to proceed to go to collection as is customary with the 12 City’s past practice for delinquent false alarms that have 13 not paid beyond a certain date that is presented as Item #3 14 on the agenda of Friday, May 20th, 2022. And I simply 15 respectfully request that the City check to be sure that 16 there is no one on the list that has paid or has entered 17 into a payment arrangement with the City. And the list is 18 hereby accepted. 19 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 20 Thank you. 21 MS. ALVAREZ 22 Thank you. 23 Appendix Page No. 136 626 130 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 MR. HALL 1 Adjourn. 2 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 3 I guess that brings us-- 4 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 5 Anything else? 6 SR. CODE ENFORCEMENT OFFICER CAROL BYNUM 7 That’s the last item on the agenda. It brings us to Item 8 #4, adjournment. 9 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 10 Okay. Well, then if there’s no other business before the 11 magistrate, we stand adjourned. Thank you so much for your 12 participation and your help. 13 MR. HALL 14 Thank you. 15 SPECIAL MAGISTRATE RAFAEL SUAREZ-RIVAS 16 Yes. 17 (02:09:48) 18 (END OF RECORDING) 19 20 21 22 23 Appendix Page No. 137 627 131 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 Key: 1 (IA) Inaudible 2 (UI) Unintelligible 3 “ ” Original quoted English 4 ( ) Transcriber's comments 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Appendix Page No. 138 628 132 FERNANDEZ & ASSOCIATES 444 Brickell Avenue, Suite 714, Miami, FL 33131 (305) 374-8868 STATE OF FLORIDA: 1 COUNTY OF MIAMI-DADE: 2 3 I, Lourdes Simón, do hereby certify that I transcribed 4 and the foregoing recording; that the foregoing pages, 5 numbered from 1 to 132, inclusive, constitute a true and 6 correct transcription of said recording. 7 I further certify that I am not of counsel; I am not 8 related to nor employed by an attorney connected with the 9 above-styled matter, nor interested in the outcome thereof. 10 The foregoing certification does not apply to any 11 reproduction of this transcript by any means unless under 12 the direct control and/or direction of Fernandez & 13 Associates. 14 IN WITNESS WHEREOF I have hereunto affixed my hand this 15 Friday, June 10, 2022. 16 17 18 19 ______________________ 20 Lourdes N. Simón 21 Translator/Transcriber 22 23 24 Appendix Page No. 139 629 EXHIBIT 3 Appendix Page No. 140 630 STUNNA’S FIT EXHIBIT LIST NOCI NO. 21-00251 Exhibit No. Exhibit Description 1 Various emails exchanged with counsels for Stunna’s Fit and the City of South Miami regarding drafts of the prospective settlement agreement and related negotiations, spanning from November 2021 to February 2022. 2 Chapter 119 public records request to the city 3 The City’s May 4, 2022 Notice of Civil Infraction No. 21-00251 4 Relevant code provisions 5 Photographs of subject property N/A Any exhibits offered by the City N/A Any other relevant materials produced by the City in advance of the 5/20 hearing Appendix Page No. 141 631 Composite Exhibit 1 Appendix Page No. 142 632 From:Teal, Kyle B. To:Teal, Kyle B.; Joseph, Stephanie; Delgado, Patricia M.; Post, Jacob B. Subject:FW: City v Stunna"s Fit LLC Proposed Settlement Agreement Date:Tuesday, May 17, 2022 1:58:15 PM From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, February 16, 2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva? dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox www.dropbox.com Appendix Page No. 143 633 Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon – any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Teal, Kyle B. Sent: Friday, January 28, 2022 4:34 PM To: 'Pepe, Thomas F.' <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good afternoon, Attached please see our proposed (and hopefully final volley of) revisions. I’ve been in touch with counsel for Consolidated who may have proposed revisions as well, but I wanted to get you our thoughts ASAP in good faith. As the draft reflects, we’ve agreed to many of the City’s substantive revisions. Appendix Page No. 144 634 I think it would be helpful to talk about some of these issues – especially the severability paragraph. Please let me know if/when your schedule might allow for a discussion next week. I think we’re very close to finalizing this, and a talk would be helpful to understand the logic behind both sides’ proposals and would likely moot some of the concerns we may be having. If possible I would also like to get an update on Stunna’s permit application to affix the containers. Thank you! Enjoy your weekend. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, January 19, 2022 2:58 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is your counter proposal with the City's revisions. I have included a comparison between what you sent and this revised proposal. The City Manager has no authority to agree to a waiver of any part of the Land Development Code. Therefore those provisions have been struck. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, January 6, 2022 11:16 PM Appendix Page No. 145 635 To: Shari Kamali <SKamali@southmiamifl.gov>; Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you, Ms. Kamali. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Shari Kamali <SKamali@southmiamifl.gov> Sent: Thursday, January 6, 2022 9:20 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good morning, Mr. pepe and I will review and respond ASAP. Thank you Best regards, Shari Kamali, ICMA-CM City Manager City of South Miami Office:305-668-2510 From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Wednesday, January 5, 2022 6:50 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE I can confirm there are no further suggested revisions from the landlord’s counsel. KT On Jan 5, 2022, at 3:01 PM, Teal, Kyle B. <kyle.teal@bipc.com> wrote: Appendix Page No. 146 636 Ms. Kamali & Mr. Pepe, Please see our proposed edits. The landlord’s counsel was reviewing one last final time but I doubt she’ll have any major substantive changes. If so, I will let you know right away. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, January 3, 2022 2:39 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement We will wait until Wednesday, January 5, 2022, to see your proposal. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e- mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, January 3, 2022 2:31 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Appendix Page No. 147 637 Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Mr. Pepe, That is incorrect. My client remains interested in resolving this matter with City, as we’d agreed. I only just received the landlord’s proposed revisions toward the end of last month (after a lot of follow up). I then took time over my family vacation last week to incorporate, harmonize and circulate (after various phone conferences) the final set of suggested revisions for approval by all interested parties on this side of the matter. With holiday travels plans, I’m not surprised that I haven’t heard back from everyone yet, but I fully expect getting the green light to send to you and Ms. Kamali for your review. I could’ve sent our comments a long time ago but you’ll recall I was trying to avoid piecemeal revisions being sent to you from the different parties, which I thought would be mutually beneficial. If the City remains interested in avoiding litigation, I expect to have the final revisions to you no later than Weds, 1/5. If you are nevertheless terminating settlement negotiations on behalf of your client due to the holiday lull, please advise so I can inform all parties. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, January 3, 2022 2:01 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement I have not heard from you in a month. I presume that we cannot reach a settlement in this case and we will proceed with the hearing. Please advise me of your availability for the following dates and times: January 5, 2022, after 12 noon; January 7, 2022, all day; January 10, 2022, all day; January 13, 2022, 9 am to 1:30 pm; January 14, 2022, all day; January 19, 2022, all day; January 20, 2022, 9 am - 1:30 pm; Appendix Page No. 148 638 January 21, 2022, all day. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e- mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 30, 2021 4:33 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon, Mr. Pepe. We have made revisions to the revisions you provided and I am waiting on my client’s and the landlord’s approval of same. I figured it’d save everyone some time if we package all proposed edits together in one document, rather than provide them to you in piecemeal fashion. I expect to have it to you this week. Feel free to contact me anytime if you’d like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, November 19, 2021 6:07 PM Appendix Page No. 149 639 To: Teal, Kyle B. <kyle.teal@bipc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is the Agreement with the City's response to your edits. This proposed agreement is good for 7 calendar days. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e- mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 16, 2021 10:16 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good morning – I was able to sign on through my hot spot while the plane is undergoing maintenance. Attached please find redlined and clean drafts of our proposed revisions to the Settlement Agreement. Please let me know if you would like to discuss before the meeting tonight. Thank you. Regards, Appendix Page No. 150 640 Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 16, 2021 9:54 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Understood. We’ve finished our proposed revisions and I just now received the client’s final approval. I’ve boarded a flight back to Miami and I land at 1 pm. I will try to have my colleague, Jacob Post, send you our proposal in the meantime to avoid delay. Otherwise, I’ll send it as soon as I land. Thanks. Sent from my iPhone On Nov 15, 2021, at 11:58 PM, Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: Since you have not accepted the terms of the settlement agreement within the 5 days that you were given, I will need to advise the members of the City Commission that the settlement agreement as drafted has been rejected by your client and that they cannot rely on it when deliberating on the amendment to Section 20-3.6(V). Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Wednesday, November 10, 2021 3:01:29 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you, Mr. Pepe. We have reviewed the draft settlement agreement and are currently making proposed revisions. I am endeavoring to make those suggested changes objectively fair and, hopefully, palatable to the City. In that spirit, during our meeting last Friday, you and/or Ms. Kamali (who I’ve looped into this chain) requested information or examples of other ordinances that implement the ‘100 foot rule.’ Please see below concerning such language, as well as other common descriptive language that appears to have survived constitutional scrutiny. The case attached and the ordinances below will provide context behind Appendix Page No. 151 641 our proposed revisions that, we respectfully submit, could serve to fortify the City’s ordinances if adopted. Attached is a Middle District of Florida case holding the City of Daytona Beach’s noise ordinance constitutional. Please note that the Middle District recognized the City’s definition of “unreasonable noise” as “raucous,” “jarring,” “disturbing,” and “nuisance” to be constitutionally sound and not overly vague. Summers v. City of Daytona Beach, Not Reported in F.Supp.2d (MD Fla. 2013); see also Cameron v. Johnson, 390 US 611, 616 & n.7 (1968) (noting that the word “unreasonably” in an ordinance did not create vagueness, but rather that it is a commonly understood word with a well-settled meaning that provided notice of the conduct proscribed). Additionally, below are the noise ordinances of Dade County, City of Miami Beach, City of Miami, and City of Miami’s Wynwood Pilot Program. City of Miami Beach Ordinance 46-152: It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal authority. (i) Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is Appendix Page No. 152 642 provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (l) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. City of Miami Ordinance 36-4(a): It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. City of Miami Wynwood Pilot Program Ordinance, 36-4(e)(2): Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music: a. Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced; b. The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or c. Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed; d. The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business. Miami-Dade County Ordinance, Sec. 21-28: It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. Any person violating any of the provisions of this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami- Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or Appendix Page No. 153 643 unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the County, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (c) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. (d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal or County authorities. (e) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises therefrom. (f) Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area. (g) Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (h) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. (i) Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this County for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio Appendix Page No. 154 644 or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (k) Power tools and landscaping equipment. The operation of noise- producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing tools which are used to maintain or at a residence out-of-doors between 8:00 p.m. and 7:00 a.m. (l) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, November 8, 2021 12:58 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Subject: City v Stunna's Fit LLC Proposed Settlement Agreement [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Attached is the proposed settlement agreement. Please send me the signed agreement within 5 business days of today if your client agrees to the attached memorialization of what was agreed to at the meeting on Friday, November 5, 2021. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not Appendix Page No. 155 645 the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. Appendix Page No. 156 646 CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. Appendix Page No. 157 647 Page 1 of 8 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (“Agreement”) is made and entered into on this ___ day of _________________, 2021, by and between the City of South Miami (“CITY”), Stunna’s Fit LLC (“STUNNA”) and Gabriel Varona (“VARONA”) and collectively referred to as the “Parties.”. In consideration for the mutual promises set forth here, the parties Parties agree as follows: 1. AMENDMENT TO 20-3.6(V). 1.1. This Agreement is contingent on the revision to Section 20-3.6(V) so as to only prohibit “unreasonably loud, excessive, unnecessary or unusual sound emanating from a structure that is plainly audible to a reasonable person at a distance of 100 feet or greater.” 2. RELEASE. 2. 2.1. RELEASED PARTIES. The CITY, along with any and all of their predecessors, agents, current and former employees, assigns, heirs, officers, directors, shareholders, members, affiliated entities, and any entity or person related to them, jointly and severally, their affiliated and related companies and corporations, partners, servants, representatives, attorneys, insurers, predecessors, successors, subrogees, are hereinafter referred to collectively as “RELEASED PARTIES” as enunciated by the terms contained herein. 2.1. 2.2. STUNNA and VARONA and all others acting by, through or in concert with their consent, hereby releases, acquits and forever discharges RELEASED PARTIES of and from liability for any and all violations of state and federal rights, privileges, immunities and claims, including any derivative or vicarious claims, demands, including but not limited to injunctive relief, damages, costs, expenses, actions, causes of action, suits of liability, wrongful death, survival actions, constitutional claims and controversies of any and every kind and description whatsoever, whether at law or equity, under municipal or county ordinance, state statute or federal code, in contract, or in tort, suspected or unsuspected, known or Formatted: Justified Formatted: Justified Formatted: Font: (Default) Bookman Old Style, 14 pt, Bold, Font color: Black Formatted: Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Justified Formatted: Font: (Default) Bookman Old Style, 14 pt, Bold, Font color: Black Formatted: Justified, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.55" Formatted: Justified Appendix Page No. 158 648 Page 2 of 8 unknown, without exception or reservation, now existing or which may accrue later but whose supporting facts exist now as of the date of this Agreement, including any and all claims asserted or which could have been asserted in any lawsuit, on account of and in any manner arising out of or related to VARONA’s business activities and/or the operations of STUNNA within the City of South Miami. Any new code provisions or amendments to existing code provisions that impact STUNNA or VARONA are not subject to this Release. 3. SPECIFIC PROHIBITED ACTION 3.1. VARONA and all clients, patrons, invites or guests of STUNNA or VARONA as well as all employees, independent contractors, agents or any other person who has any control of all or any part of the operations of STUNNA or the training or instruction of clients or patrons, invitees or guests of VARONA or STUNNA will not yell or raise their voices either individually or collectively and either at the same time or alternatingly, such that it is creates unreasonably loud, excessive, unnecessary or unusual noise plainly audible to a reasonable person at a distance of 100 feet from the building while on the premises located at 6600 SW 62nd Avenue, South Miami, Florida (the “Premises”). 3.2. STUNNA and VARONA will agrees to prevent unreasonably loud, excessive, unnecessary or unusual noise sound,– sound, including, but not limited to, the sound described above in sub-paragraph 3.1 – emanating from the building that they occupy at 6600 SW 62nd Avenue, South Miami, Florida from being plainly audible to a reasonable person at a distance equal to or greater than 100 feet from the Premises. 3.3. STUNNA and VARONA will prevent all of its commercial activity and that of its clients, invitees and guests from occurring outside of the structure located on the Premises other than running programs that are conducted on the SW 62nd Avenue right of way. 3.4. STUNNA and VARONA will immediately remove the large storage containers that are currently located on the premises, or, within 30 days from the date of this Agreement, apply for a permit, if one is available, and obtain a permit within 60 days a reasonable timeframe to permanently attach the containers to the Ppremises as an accessory structures. Formatted: Font: Bold Formatted: Font: Bold Formatted: Justified Formatted: Font: (Default) Bookman Old Style, 14 pt, Font color: Black Formatted: Font: (Default) Bookman Old Style, 14 pt, Font color: Black Formatted: Font: (Default) Bookman Old Style, 14 pt, Font color: Black Formatted: Font: (Default) Bookman Old Style, 14 pt, Font color: Black Commented [TKB1]: I’m OK with the submittal deadline but we’re largely at the mercy of the City with this permit approval deadline of 60 days. I don’t want to agree to time limitations when the City’s approval is outside of our control. Appendix Page No. 159 649 Page 3 of 8 STUNNA and VARONA will diligently pursue and take all necessary action that is required to complete the permit process with all due haste. Failure to provide information required by the City within 5 days of a request for such information is a violation of this Agreement. A request for an extension of time will not be unreasonably withheld by the City if STUNNA or VARONA provided the City with good cause for the delay before the expiration of the 5 day time limit. 3.5. STUNNA and VARONA will immediately remove all equipment or devicses used for physical fitness, training or any other commercial purpose or commercial activity from any area outside of the permanent structure located on the Premises. The term “equipment or devices”, as used in this paragraph, does not include vehicles to the extent said equipment or devises are visible from the public right of way. In the event that any outside activity is heard, Code Enforcement has the right to enter any area outside of the structure to inspect for compliance with this Agreement. Code Enforcement is authorized to inspect the property if it has probable cause to believe that a violation of this Agreement has occurred. 3.6. STUNNA and VARONA will keep all doors and other openings fully closed at all times, other than for the purpose of immediate ingress to and egress from the structure located on the Premises. 4. CITY PROMISES. The CITY will not take any action to collect any existing fines nor will it prosecute any existing citations that were issued to STUNNA and/or VARONA and/or STUNNA’S landlord. Said fines and citations are hereby deemed null and void. The CITY will not take any further action regarding any attempt to revoke STUNNA’S business tax receipt as a result of any said fines and citations that have been deemed null and void by this Agreement. The CITY hereby acknowledges STUNNA’S vested right to operate a Personal Skills Instruction Studio inside of the Premises. 5. NO ADMISSION OF LIABILITY 5.1. The Parties understand and hereby agree that this Agreement is a compromise of disputed claims, and that entry into this Agreement, the terms of this Agreement, documents executed and delivered incident to this Agreement, and any Commented [TKB2]: We should rework this or delete it because current enforcement procedures are adequate to ensure compliance. Commented [PTF3R2]: The problem is that the fencing and containers screen the illegal outside activity as well as the illegal opening of the large doors next to the courtyard from view. As part of this agreement all equipment must be removed and the doors must remain closed. Formatted: JustifiedFormatted: No underlineFormatted: Font: Not BoldFormatted: Font: Not BoldFormatted: No underlineFormatted: Font: Bold, No underlineFormatted: No underlineFormatted: Font: Bold, No underlineFormatted: No underlineFormatted: No underlineFormatted: JustifiedAppendix Page No. 160650 Page 4 of 8 actions taken in furtherance of this Agreement will not constitute or be deemed or construed as an admission of liability or wrongdoing, or of any position whatsoever, in any respect, by RELEASED PARTIES, and that liability or wrongdoing is expressly denied by RELEASED PARTIES. 6. USE OF AGREEMENT. 6.1. The Parties understand and agree that this Agreement is entered into without prejudice, that it will not constitute precedent, and that it is not intended to be, nor will it be construed as an interpretation of any contract, state statute, federal code, municipal or county ordinance or transact and cannot be used as evidence, or in any other manner, in any court, administrative proceeding or dispute resolution proceeding regarding any claims between the Parties other than with respect to enforcement of this Agreement. 7. ENFORCEMENT and PENALTY. 7.1. The City Manager may revoke the Business Tax Receipt/Business License of Stunna’s Fit LLC if the City Manager finds by competent substantial evidence that STUNNA or VARONA is in violation of paragraph 3 of this Agreement or if the Special Magistrate who tries Code Enforcement violations for the City of South Miami finds by competent substantial evidence that STUNNA or VARONA is in violation of Section 20-3.6(V) of the City’s Land Development Code. 7. ENFORCEMENT and PENALTY. 7.1. The City Manager may revoke the Business Tax Receipt/Business License of Stunna’s Fit LLC if the City Manager finds by competent substantial evidence that STUNNA or VARONA is in violation of paragraph 3 of this Agreement or if the Special Magistrate who tries Code Enforcement violations for the City of South Miami finds by competent substantial evidence that STUNNA or VARONA is in violation of Section 20-3.6(V) of the City’s Land Development Code. 8. WARRANTY OF CAPACITY TO EXECUTE THIS SETTLEMENT AGREEMENT. 8.1. The Parties represent and warrant that they have the right and authority to execute this Agreement and to receive the consideration specified in it, and that no other person or entity has any interest in the liability, rights, claims, demands, damages, costs, expenses, actions, causes of action, suits of liability, or controversies which are the subject of this Agreement. STUNNA and VARONA represent and Formatted: Justified Formatted: Font: (Default) Bookman Old Style, 14 pt, Bold, Font color: Black Formatted: Normal, Indent: Left: 0.25" Formatted: Normal, Right: 0", Space Before: 0 pt, After: 0 pt, No bullets or numbering, Font Alignment: Auto, Tab stops: Not at 0.5" Commented [TKB4]: This process is already laid out in the City Code so it’s not necessary to add it to this Settlement. Commented [TKB5]: This process is already laid out in the City Code so it’s not necessary to add it to this Settlement. Commented [PTF6R5]: There have been too many violations and the City Manager is not going to give Stunna’s another 3 violations before his license will be revoked. If Mr. Varona cannot agree to this then we do not have a deal and the City will reschedule the hearing on the order to show cause why his license should not be revoked. Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 0 pt, Font Alignment: Auto, Tab stops: Not at 0.5" Formatted: Justified Appendix Page No. 161 651 Page 5 of 8 warrant that they have not assigned or transferred, or purported to assign or transfer, any of the liability, rights, claims, demands, damages, costs, expenses, actions, causes of action, suits of liability, and controversies released hereunder. In the event any third party shall assert against any RELEASED PARTY any of the claims released pursuant to this Agreement based upon the actual or purported assignment or transfer thereof to such third party, STUNNA and VARONA agree to and shall indemnify such RELEASED PARTY against all costs, expenses and judgments, including all attorney fees incurred, with regard to the third party’s assertion. 9. EXPRESS DISCLAIMER OF RELIANCE. 9.1. The Parties expressly disclaim any reliance of any kind or nature, whether in discovery, statements, actions and/or omissions of any kind made or allegedly made by RELEASED PARTIES, along with any and all of their predecessors, agents, employees, assigns, heirs, officers, directors, shareholders, members, affiliated entities, and any entity or person related to them, jointly and severally, their affiliated and related companies and corporations, partners, servants, representatives, attorneys, insurers, predecessors, successors, subrogees, except as indicated herein, regarding any facts pertinent to this Agreement or the subjects therein, or the contents and legal consequences of this Agreement. 10. REVIEW AND UNDERSTANDING OF AGREEMENT. 10.1. The Parties represent and warrant that they have had the opportunity to obtain and receive independent legal advice from attorneys of their choosing with respect to the legal effect of this Agreement, and further represent and warrant that they have carefully reviewed this entire Agreement and that each and every term hereof is understood. 11. COMPLETE AGREEMENT. 11.1. The Parties understand and agree that this Agreement constitutes the entire agreement concerning the subject matter herein, that no promise, agreement or inducement not herein expressed has been made to any of them, that this Agreement supersedes and replaces all prior and Formatted: Justified Formatted: Justified Formatted: Justified Appendix Page No. 162 652 Page 6 of 8 contemporaneous agreements, negotiations, representations, warranties and understandings of The Parties as to the subject matter of this Agreement, and that the terms of this Agreement are contractual and not a mere recital. 12. SEVERABILITY. 12.1. The Parties understand and agree that, if any provision of this Agreement shall be declared to be invalid or unenforceable by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement, but this Agreement shall in all other respects remain unmodified and continue in full force and effect; provided, however, that this provision shall not preclude a court of competent jurisdiction from refusing to sever any provision if severance would be inequitable. 13. INTERPRETATION AND CONSTRUCTION. 13.1. The Parties represent and agree that they have had the opportunity to fully and equally participate in the preparation, negotiation, review, and approval of this Agreement. Hence, all of the Parties will be considered the drafting party. 14. CHOICE OF LAW. 14.1. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, notwithstanding any choice of law rule. 15. EXECUTION IN COUNTERPARTS AND ELECTRONICALLY. 15.1. This Agreement may be executed in one or more counterparts and transmitted electronically, all of which together shall be one instrument and all of which shall be considered duplicate originals. 16. EFFECTIVE DATE. 16.1. The effective date of this Agreement is the date of execution by CITY. Formatted: Justified Formatted: Justified Formatted: Justified Formatted: Font: 1 pt Formatted: Indent: Left: 0" Formatted: Font: (Default) Bookman Old Style, 14 pt, Bold, Underline, Font color: Black Appendix Page No. 163 653 Page 7 of 8 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the date indicated below their signature. GABRIEL VARONA Individually and as Manager of Stunna’s Fit LLC By: _____________________ [SIGN ABOVE] Date: ______________ STATE OF FLORIDA : COUNTY OF MIAMI-DADE: Sworn to (or affirmed) and subscribed before me by means of: physical presence online notarization this ________ day of _______________, 2021. By Gabriel Varona. Individual identified by: personal knowledge satisfactory evidence described as follows: _____________________. (Affix Florida Notary Seal) ______________________________ (Signature of Notary Public) ______________________________ (typed, printed, or stamped name of Notary Public) Appendix Page No. 164 654 Page 8 of 8 ATTESTED: CITY OF SOUTH MIAMI By: ____________________ By: ________________________ Nkenga A. Payne, CMC Shari Kamali City Clerk City Manager Date: ________________ Read and Approved as to Form, Language, Legality and Execution Thereof: By: ________________________ City Attorney STATE OF FLORIDA : COUNTY OF MIAMI-DADE: Sworn to (or affirmed) and subscribed before me by means of: physical presence online notarization this ________ day of ______________________, 2021. By Shari Kamali. Individual identified by: personal knowledge satisfactory evidence described as follows: _____________________________________. (Affix Florida Notary Seal) ______________________________ (Signature of Notary Public) ______________________________ (typed, printed, or stamped name of Notary Public) Appendix Page No. 165 655 Exhibit 2 Appendix Page No. 166 656 One Biscayne Tower Two South Biscayne Boulevard Suite 1500 Miami, FL 33131-1822 Kyle B. Teal T 305 347 5912 kyle.teal@bipc.com Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 April 7, 2022 Via Electronic Mail & US Mail Ms. Nkenga Payne City Clerk 305-663-6340 South Miami, FL 33143 npayne@southmiamifl.gov Re: Chapter 119 Public Records Request Regarding Stunnas Fit, LLC Dear Ms. Payne: As a follow up to my October 26, 2021 request (the “First Request”), please accept this Chapter 119 request for documents, records, communications and correspondences related to the topics herein which, to date, have not been previously provided in response to our First Request. We hereby request permission to inspect and copy records regarding the topics presented below. 1 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise) regarding the March 31, 2022 correspondence sent by Senior Code Enforcement Officer Carol A. Hughes-Bynum regarding a hearing scheduled to be held on April 15, 2022 concerning the City’s Notice of Civil Infraction No. 21-00251 (attached as Exhibit A); 2 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise) regarding the March 23, 2022 correspondence sent by City Manager Shari Kamali regarding a hearing scheduled to be held on April 25, 2022 concerning an Appendix Page No. 167 657 City of South Miami April 7, 2022 Page | 2 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 order to show cause as to why business license issued for 6600 SW 62nd Ave, South Miami, FL 33143 (hereinafter “Stunna’s Fit”) should not be revoked (attached as Exhibit B); 3 All reports, draft reports, affidavits and draft affidavits related to Exhibits A and B attached hereto.1 4 All transcripts, documents, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), regarding the City of South Miami’s “non-public attorney-client session” as described in the Notice attached as Exhibit C; 5 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by City Attorney Thomas Pepe and Jorge Milian regarding Stunna’s Fit; 6 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by any City of South Miami Commissioner(s) and Thomas Pepe regarding Stunna’s Fit; 7 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by any City of South Miami Planning Board members and Thomas Pepe regarding Stunna’s Fit; 8 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by any City of South Miami Commissioners and Jorge Milian regarding Stunna’s Fit; 9 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by any City of South Miami Planning Board members and Jorge Milian regarding Stunna’s Fit; 10 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received by City of South Miami City Manager Shari Kamali and Thomas Pepe regarding Stunna’s Fit; 11 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), sent or received 1 The undersigned has included Request # 3 in an abundance of caution and as a clarification measure and recognizes that any documents responsive to this request should also be produced in response to Request # 1 and Request # 2. Appendix Page No. 168 658 City of South Miami April 7, 2022 Page | 3 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 by City of South Miami Mayor Sally Phillips and Thomas Pepe, including any of Mr. Pepe’s representative(s), employee(s), or agent(s) regarding Stunna’s Fit; 12 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise) regarding Section 20-3.6(V) of the City’s Land Development Code, Section 15-82.1 of the City’s Code of Ordinances, and Section 20-1.7 of the City’s Land Development Code; 13 All files kept by the Code Enforcement Division of the City of South Miami regarding Stunna’s Fit; 14 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise) sent or received by the Code Enforcement Division of the City of South Miami regarding Stunna’s Fit, including but not limited to the Notice of Civil Infraction No. 21-00251; and 15 All documents, records, communications, e-mails, text messages, and other correspondence (whether kept electronically or otherwise), regarding the amendment to the City’s Land Development Code requiring a business to apply for a permit in order to conduct the “commercial activity” of running outdoors. Please be advised this Public Records Request is intended to be as broad and inclusive as permitted by law and is intended to apply to all officers, employees, departments, divisions, bureaus, commissions, councils, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of the City of South Miami (the “City”) and/or with knowledge regarding the topics included in the above requests. In accordance with state law and in furtherance of compliance with this Public Records Request, we would request for the custodian of the official records of the City to make an investigation of this request to ensure full compliance with all applicable provisions of Chapter 119, Florida Statutes, as amended. Records are By Law Open to Inspection Florida’s Public Records Act provides that “all state, County and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla. Stat. Accordingly, we request the responsive records be made available for inspection as soon as reasonably possible. If, for any reason, any of the requested records will not be made available for our inspection, or if any questions or problems arise in responding to our requests, please advise us in writing as soon as possible. Appendix Page No. 169 659 City of South Miami April 7, 2022 Page | 4 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 Compensation to the City for Duplication of Costs Incurred We will compensate the City for the reasonable cost of duplication of any records which we request to be duplicated, as provided by law under section 119.07(4), Florida Statutes. Please advise us of the estimated costs of producing the requested documents prior to incurring said costs. Citation Required for Any Exemption Claimed and Reasons Must Be Given for Claiming Exemptions Subsection 119.07(1)(e), Florida Statutes, further provides that if the person who has custody of a public record contends that the record or any portion thereof is exempt from inspection, such person must state the basis of the exemption which the person contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. Additionally, if requested by the person seeking the right under the subsection to inspect, examine or copy the record, the person who has custody of the public record must state in writing and with particularity the reason(s) for his or her conclusion that the record is exempt. § 119.07(1)(f), Fla. Stat. We hereby request the City state in writing both the statutory citation for any exemption which it claims is applicable to any requested record as well as the specific bases for any and all conclusions that the requested records are exempt. All Portions of Nonexempt Records Must be Made Available Subsection 119.07(1)(d), Florida Statutes, provides that a person who has custody of a public record and who asserts that an exemption applies to a particular public record or part of such record shall delete or excise from the record only that portion of the record with respect to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and examination. Obligation to Preserve Documents the City May Claim Are Not Public Records If, for some reason, the City asserts a requested record is not a public record subject to public inspection or copying, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which the City receives this written request. See § 119.07(1)(h), Fla. Stat. If, within that 30-day period, a civil action to enforce the Public Records Act with respect to this request is initiated, the City may not dispose of the records except by court order after notice to all affected parties. Format of Production If any original documents exist in electronic format, we request the documents be produced by a Dropbox or similarly transferable link with the documents’ metadata intact. If the original Appendix Page No. 170 660 City of South Miami April 7, 2022 Page | 5 Buchanan Ingersoll & Rooney PC One Biscayne Tower, Two South Biscayne Boulevard, Suite 1500, Miami, FL 33131-1822; T 305 347 4080; F 305 347 4089 documents exist in printed, hardcopy form and are being copied for production purposes, we will send a courier to retrieve them. If the City would like to propose an alternative, reasonable method of inspection or delivery, please advise. Your attention to these matters, and your anticipated cooperation, is greatly appreciated. If you have any questions about the scope of this request or anything else, please do not hesitate to contact us. Sincerely, Buchanan Ingersoll & Rooney PC cc. Carol Bynum Thomas Pepe, Esq. Shari Kamali, ICMA-CM Samantha Fraga-Lopez, Esq. Johanna Vega, Esq. Ben Fernandez, Esq. Carlos Silva, Esq. David Winker, Esq. Gabriel Varona Appendix Page No. 171 661 Exhibit A Appendix Page No. 172 662 Appendix Page No. 173 663 Tl![ CITY or PL[,\S,\NT LI VING March 31 , 2022 NOTICE OF HEARING SPECIAL MAGISTRATE CITY OF SOUTH MIAMI CODE ENFORCEMENT DIVISION 6130 SUNSET DRIVE, SOUTH MIAMI, FL MIAMI -DADE COUNTY, FLORIDA Consolidated Research and Planning Corp. (owner) 6796 SW 62 Av South Miami, FL 33143 Stunna's Fit (tenant) 6600 SW 62 Av South Miami , Florida 33143 RE: otice of Civil Infraction No: 21-00251 Property Address: 6600 SW 62 Av You, as the owner and/or occupant of the premises at: SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA WAS (WERE) FOUND IN VIOLATION OF SECTION 20-1.7(B)(l) OF THE CITY'S LAND DEVELOPMENT CODE, IF ANY PERSON, FIRM OR ENTITY VIOLA TIO ANY PROVISION UNDER SECTION 20-1.7(B)(l) OF THE CITY 'S LAND DEVELOPMENT CODE SHALL BE SUBJECT TO A FINE OF AT LEAST $340-$500 in 24 hours, PURSANT TO PROVISIONS OF THIS CODE AND ST A TE IN WHICH ORJGI AL NOTICE OF CIVIL INFRACTION WAS ISSUED July 6, 2021. DESCRIBING: Containers similar to storage pod on the premises without a permit. This serves to notify you that on Frida , p ri 115, 2022 at 9:30 a.m., a hearing will be held in the Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143 , on the City's Notice of Civil Infraction No . 21-00251. The City will request that the Special Magistrate enter an Order imposing fines/lien , against the ow ner and upon the property mentioned above . The hearing it will continue from day to day until completed. You may appear at this hearing which will be held to determine whether your property has been brought into compliance with the City Code . If the Special Magistrate detennines that the violation has not been abated an Order will be entered which may constitute a li en against the prope1ty referenced above and any other real or personal prope11y of the violator(s). If you wish to enter into an agreement stipulating this matter, Code Enforcement Representatives will be available from 8:00 a.m. to 9:00 a.m. on the dat • of the hearing. A Y EVIDENCE OR DOCUMENTS FOR HEARI G OULD BE EMAILED TO: cbvnum@southmiamifl.gov no later than 3pm on Tuesday April 12, 2022. Appendix Page No. 174 664 on-Eugli h speaking alleged iolato1· : The City cannot guarantee the availability of a translator for the hearing scheduled in this notice. Nor can the City guarantee the accuracy of any translation should a translator be provided for you . Therefore, it is recommended that you make arrangements to bring your own translator to the hearing. Americans with Disabilities Act of 1990: In accordance with the Americans with Disabilities Act of I 990, aJI persons who are disabled and who need special accommodations to participate in this hearing because of that disability should contact the Code Enforcement Office at (305) 663-6335 , no later than 48 hours prior to such proceeding . If you have any questions regarding this notice, please contact this office at (305) 663-6335. Exhibit B Appendix Page No. 175 665 Appendix Page No. 176 666 March 23 , 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami , Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 R E : Order to Show Cause THE CITY OF PLEASANT LIV I N G Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit , LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions , and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami , Florida. In each of these cases , Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore , in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** Appendix Page No. 177 667 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48 , Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (I 0) days prior to the date of the hearing and an opportunity to show cause why the BT R or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard , to present evidence and to cross examine witnesses. Stunna's Fit L LC committed four (4) violations that were within a 90-day period from February 12 , 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021 ; March 6, 2021; March 31 , 2021 , and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14 , 2021; July 2 , 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143 , to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincere ly yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143 -5093 305.663.6338 I southmiamifl.gov Exhibit C Appendix Page No. 178 668 CITY OF SOUTH MIAMI NOTICE OF ATTORNEY/CLIENT SESSION Please take notice that there will be a non-public attorney-client session to be held pursuant to Section 286.011(8), Fla. Stat. to discuss City of South Miami vs. Stunna’s Fit; Case No. 21- 00251, No: 21-00058, 21-00059, 21-00060, 21-00061, 21-00062, 21-00064, 21- 00065, 21-00066, 21-00066, 21-00067, 21-00070, 21-00071, 21-00072, 21-00073, 21-00074, 21-00075, 21-00076, 21-00077, 21-00078, 21-00080, 21-00081, 21-00082, 21-00083, 21-00084, 21-00085, 21- 00086, 21-00087, 21-00088, 21-00089, 21-00090; et al. The attorney-client session will be held on November 9, 2021, at 4:00 p.m., at City Hall, 6130 Sunset Drive, South Miami, Florida, 33143. The session will commence at the open special meeting at which the attorney will announce the need for the meeting to discuss settlement negotiations and litigation expenses and strategy and the Chairperson will announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the special meeting will be reopened, and the Chairperson will announce the termination of the session and the special meeting will be adjourned. The closed door attorney-client session will be attended by Mayor Sally Philips, Commissioner Brian Corey, Commissioner Luis Gil, CommissionerWalter Harris, Commissioner Josh Liebman, City Attorney Thomas F. Pepe, City Manager Shari Kamali, and a court reporter. The subject matter of the meeting shall be confined to settlement negotiations, strategy and litigation expense. The entire session shall be recorded by a certified court reporter who will record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the City Clerk within a reasonable time after the meeting, but the transcript shall not be open to public inspection until after the conclusion of the litigation. Nkenga A. Payne, CMC, FCRM City Clerk City of South Miami Appendix Page No. 179 669 Exhibit 3 Appendix Page No. 180 670 Appendix Page No. 181 671 Tl i( CITY or Pl f ,\S:\NT 11\/INC May 4 , 2022 NOTICE OF HEARING SPECIAL MAGISTRATE CITY OF SOUTH MIAMI CODE ENFORCEMENT DIYlSJON 6130 SUNSET DRIVE, SOUTH MIAMI, FL MIAMI-DADE COU TY, FLORIDA Consolidated Research and Planning Corp. (owner) 6796 SW 62 Ave South Miami, FL 33143 Stunna's Fit LLC(tenant) 6600 SW 62 Ave South Miami , Florida 33143 RE: otice of Civil Infraction o: 21-00251 Property Address: 6600 SW 62 Ave You, as the owner and/or occupant of the premises at: 6600 SW 62 Ave, South Miami , Miami-Dade County, Florida, (the Prope11y) were previously found to be in violation of Section 20-1.7(b)(l) of the City's Land Development Code, and were given an oppo11unity to correct the violation. You are subject to a minimum daily fine of $340 and a maximum daily fine of $500 for every day that you have been in violation. The fine is pursuant to provisions of the City 's Code as stated in the original notice of civil infraction number 21-00251 that was issued to you July 6, 2021 for having "Containers similar to storage pod on the premises without a permit". This serves to notify you that on Friday, Mav 20, 2022 at 9:30 a.m., a hearing will be held in the Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, on the City's otice of Civil Infraction No. 21 -0025 I. The City will request that the Special Magistrate enter an Order imposing a fine against you and a lien against the Prope11y for the full amount of the fine levied against you. The hearing will continue from day to day until completed. You may appear at this hearing which will be held to determine whether your property has been brought into compliance with the City's Code. You may be ordered to pay a fine and any such Order, when recorded in the land records of Miami-Dade County, will constitute a lien against the Prope11y and any other real or personal prope11y of yours for the full amount of the fine levied against you. If you wish to enter into an agreement stipulating to any aspect of this matter, Co<le Enforcement Rc1Jresent:1tivcs will be available from 8:00 a.m. to 9:00 a.m. on the date of the hea1·ing to di cu it. ANY EVIDENCE OR DOCUMENTS FOR HEARING SHOULD BE EMAILED TO: d )v11um (ti :o ut hm ia111 ill.g ov no later than 3pm on Tuesday May 17, 2022. 011-Engli ·h speaking all gecl violators: The City cannot guarantee the availability of a translator for the hearing scheduled in this notice . Nor can the City guarantee the accuracy of any tran s lation s hould a Appendix Page No. 182 672 translator be provided for you. Therefore, it is recommended that you make your own arrangements to have a translator at the hearing. Americans with Disabilities Act of 1990: In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this hearing because of that disability should contact the Code E nforcement Office at (305) 663-6335 , no later than 48 hours prior to such proceeding. If you have any questions regarding this notice, please contact this office at (305) 663-6335. ~rely yours, Carol A. Hughes - Bynu Senior Code En force me Exhibit 4 Appendix Page No. 183 673 CODE PROVISION CITED IN CITY’S NOTICE 20-1.7 - Compliance. (A) Jurisdiction. No building, premises or structure shall be constructed, erected, modified, altered, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained or modified except in compliance with the provisions and procedures as set forth herein. (B) Movement or Placement of Structures. (1) No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained. (2) When moved from one lot to another, structures shall conform to all applicable district provisions. (C) Prior Approvals. The provisions of this Code shall not apply to any development which has received a valid development order prior to the effective date of this Code. RELEVANT CODE DEFINITIONS 20-2.3 of the Land Development Code: Definitions Building. Shall mean any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Premises. Shall mean a lot, plot, or parcel of land including the buildings or structures thereon. Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: Signs, backstops for tennis courts, fences, screen enclosures and pergolas. (Ord. No. 15-20-2369, § 2, 5-19-20) Appendix Page No. 184 674 Composite Exhibit 5 Appendix Page No. 185 675 Composite Exhibit 5 Appendix Page No. 186 676 Appendix Page No. 187677 Appendix Page No. 188678 EXHIBIT 4 Appendix Page No. 189 679 Appendix Page No. 190 680 I CITY'S EXHIBIT -A I CITY OF SOUTH MIAMI I NOCI NO. 21-00251 I Corrected COURTESY NOTICE OF CIVIL INFRACTION (CITATION} NO. 21-00123 Name & Address of Violator: Date & time of violation: Stunna's Fit LLC, 6600 SW 62 Ave., South Miami, FL Date: 03/31/2021 tTime: 8:49 a.m. Code violated Sec. 20-1. 7(B)(1 ). See 2nd page of this citation for more details. Date and time of issuance: May .b.L_, 2021 Jo :69 o...,rn. !Owner's Name and Address: Consolidated Research & Planning Corp., 6796 SW 62 Ave., South Miami, FL ,Address of violation: 6600 SW 62 Ave .. So ut h Miami. FL. IF acts constituting reasonable cause: Officer Bynum observed container similar to storage pod on the prem ises lvithout a permit. · Is this violation correctable1 ? YES Instructions for correction of violation: Remove contai ners/storage pods located on the premises within 24 hours or obtain a permit. Is this a second Notice of Violation for the same offence? No. Maximum civil penalty is $500 for each offense if you elect to contest the citation or fail to timely pay the fine and you may be liable for reasonable administrative cost if found guilty of the violat ion . In addition, the fine may be a daily fine if the violation ls correctable and not tim e ly corrected 2. Minimum civil penalty if you elect not to contest the citation and if it is a correctable violation and it has been time ly corrected, the fine is $340 for this offense. If it is a correctable violation and you fail to timely correct it , th e fine is $340 per day unt il it is corrected. T he fine for a second violation of the same offence is 450 and the fine for the third or more violations of the same offense is $500. Acceptance of this citation is not an admission of guilt. l have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ~ignature below that I have received this notice as owner or tenant of the premises or as the owner's or tenant's lawful representative. I } Signature of person receiv ing Name of CE0 4 Authority of CE04 f~~C C _ty° citation 3'./ _ /J ~-Ii I chOE::, I I .,/7_ _,,,,--/ ;:_.,qaro. ~10'.JL~ City Sec. 2-25, 2-4.9 & Sec.162.01 -.30 & !01 \I~_(-"'v ~ / ~-I 't{j /}}' (Jiu / -\. ) ---j_p.6,0415, Fla. Stat. C), \,j,,/['')•,._,] 1A "correct'a6 1e'.violation" is not~ repeat of the sa e v~n. not a serious threat to public health, safety or welfare 11, '-' nor is it an irreparable of i rrevers1b l~iolation. .. I ~ 2Timely corrected means the v i olation is corrected ar/{l a writ n requ est for inspection has been delivered within t he lime provided in this citation. "'-- 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(9), City Code, provides that: "Any person who w illfully refu ses to sign and accept a citation shall be guilty of a misdem eano r of the second degree, punishable as provided in S. 775.082 or§ 775.083, Florida Statutes." 4 CE O means Co de Enforcement Officer Appendix Page No. 191 681 If you desire to appeal this citation you must fil e a written req uest with th e CED, identifyi ng the citation by the ci t ati on number. no later t han 20 days after the service of th e citation. Hearings will be set for the next regu lar ly schedu led hea ring dale or as soon thereaf1er as practica l and all parties will be notified at t he mailing address shown on this notice. No additio na l civil pena lt ies will acc rue on this citat io n if a request for hear in g is received within twenty (20) calendar days , as provided for in t he city code of ordina nces . You may ap pear with or without counsel and prod uce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is i rreparable or irreversible a fine may be levied up to $5,000. Yo u may be liable for reasonable cos ts of t he admin istrative hea ring as well as additional penalties if you are found guilty_ lie ns in th e amount of unpaid penalties can be filed aga inst your rea l or perso nal property and may be foreclosed . If you fail to pay the civil penalty within the t im e allowed o r fai l lo appear in court or at t he hearing to enforce or contest t he citation, you will be deemed to have waived your right lo contest th e citation and . in such case, judgme nt ma y be entered against you for an amoun t up to the max imum civi l pe nal ty . If this violation is correctable, you shall , in addition to paying the fi ne. correct the violation, notify CED of the correction and request a compliance in spection all wit hin 24 ho urs of the da te of this ci t ati on . If you fail to correct a correctable violation, fa il to co nta ct CE D and fail to request a compliance inspection within th e time given, this citation will be deposited with the City's Specia l Master 5or the County Court fo r a final hearing or tria l. If this violation is correct able and not time ly co rrec ted , or if it is a repeat violation, it may be presented to the Special Master5 even if the vio la tion is corrected afte r the time allowed and before t he hearing. Se e s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or lo contest the cit ation : To pay. pi ck up rec eipt payment valida ti on form from Code Enforceme nt Divisio n ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; T el : 305-663-6335; Fax : 305-666-4 591; Email: code@soulhrniami n.gov and pay the fine at the Finan ce window in the main Ci ty Ha ll building or if you desire to contest the cit atio n, request an appea l/hearing form from CED . CODE VIOLATION DETAILS: ~"Special Master" means "Special Magistrate" or "Magistrate" and v ice versus. Appendix Page No. 192 682 9/8/21, 2:22 PM Mail -Pepe, T homas F_ -Ou tl ook Exhibits -Courtesy Notice 21 -00123 Pepe, Thomas F. <TPepe@southmiamifl.gov> Thu 9/2/2021 4 :00 PM I CITY1 S EXHIBIT -A.1 I I NOCI NO . 21-00251 I To: ben@benfernandezlaw_com < ben@benfernandezlaw.com >; tania@benfernandezlaw.com < tania@benfernandezlaw.com >; dwinker@dwrlc.com <dwinker@ dwrlc.com> I just uploaded a copy of Courtesy Notice 2 1-0012 3 to the Drop box. Thank you. Very truly yours, Thonias F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, F lorida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepc@southmiamifl.gov ATTENTION: This e-mail may contaiJ1s PRJVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . lfyou are not the intended receiver, you are hereby notified that any di ssemination of this communication is strictly prohibited. If you have received this e-mail io error, please immediately notify us by telephone , call collect if outside of your area code and delete this e-mail. We wil l reimburse you for the cost of your lon g distance ca!L Thank you. Pleas e also no te: All e-mails to and from tl1is e-mail site are kept as a public record . Your e-mai l commun ica tions, including your e-m ail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. https://outlook .office .corn/mail/id/AAQkAOE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NOAyMOhiZQAQAAeFsNOaWrRMocg9FnuNniE%3O 1/1 Appendix Page No. 193 683 CITY'S EXHIBIT - B -----------------~---~-·-~· --·-------- CITY OF SOUTH MIAMI NOCI NO. 21-00251 NOTICE OF CIVIL INFRACTION (CITATION) NO. 21-00 2S·L Name & Address of Violator: Date & time of violation: Date: 07/02/2021 Code violated Sec. 20 -1. 7(8)(1 ). See 2nd page of this citation for more details. Owner's Name and Address: Consolidated Research & Planning Corp., 6796 S\J../ 62 Ave., South Miami, FL ddress of violation: 6600 SW 62 Ave .. Sou th M iam i. FL. Facts constituting reasonable cause : Officer Bynum observed container simi lar to storage pod on the premises ithout a permit. Is this violation correctable 1? YES Instructions for correction of violation: Remo ve containers/storage pods located on the premises within 24 hours or obtain a perm it. Is this a second Notice of Violation for the same offence? Yes . On April 1, 2021, a courtesy notice of violation was issued lo the violator in possession of the premises and t he owner of the premises. Since that time the violators have failed to remove the pods or to obtain a permit.. Maximum civil penalty is $500 for each offense if you elect to contest the citation or fail to time ly pay the fine and you may be liable for reasonable administrative cost if found guilty of the violation . In addition , the fine may be a daily fine if the violation is correctable and not timely corrected2 . Minimum civi l penalty if you elect not to contest the citation and if it is a correcta ble violation and it has been time ly corrected, the fine is $340 for this offense. If it is a correctable violation and you fail to timely correct it,.the fine is $340 per day until it is corrected. The fine for a second violation of the same offence is 450 and the fine for the third or more violations of the same offense is $500. cceptance of this citation is not an admission of guilt. I have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ·ignature below that I have received this notice as owner or tenant of the premises or as the owner's or tenant's lawful re resentative. Signature of person receiving citation 3 : Name of CE04 Authority of CE04 'de. ar 1 ; nvb'~~~::__ City Sec. 2-25 , 2-4.9 & Sec .162.01 -.30 & ,.,._ ________ ___,(ti/, / ~ ½ •~~~~~-5, Fla. Stat. 'A "correctable violation" is not a ~eat oft 1e s~m vi~ion, not a·s ,erious threat to public health, safety or welfare nor is it an irreparable of irreversible violation. / { ) 'Timely corrected means the violation is corre& and;,i""Wrilten.requeSI for inspectlon has been delivered within the time provided i n this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(g), City Code, provides that: "Any person who wil lfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083, Florida Statutes." 1 "CEO/me~7:5 .Code Enforcement Officer 2.J, bfl _ _J.. .~n7 I { ~ fJ.t\~t(c I 8e-fuse,,c.·,\ -· ,-;l~bJ__ 11:JJfY? ,//// I f I ( I I , . /) 1.j .,..--./ ~p~ OVvN~Q_ :/' //(?----✓ l \..__ ·to -9C)() . ___ j Appendix Page No. 194 684 If you desire to ap p ea l t his cila-tion you must fi le a wri tte n request with the CED, id entifying thec it ation by the citat ion number, no later than 20 days after the service of the ci ta t io n. Hearings will be se t for the next regul arly schedu led hearing date or as soon the reaft e r as pract ica l and all parties will be notified at the mailing ad dr ess shown on thi s notice. No additiona l civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without co unsel and produce witnes ses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liabl e for reasonable costs of the admi nistrat ive hearing as well as addi ti onal penalties if you are found guilty. li ens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the t ime allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived you r ri ght to contest the citation and , in such case , judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is co rr ectable, you sha ll, in addit ion to paying th e fi ne, correct the violation, notify CED of the correction and request a compliance inspect ion all within 24 hou rs of the date of this citation . If you fail to correct a correctable violation, fail to contact CED and fail to req ues t a comp lian ce inspection within the time given , this citation w ill be deposited with the City's Special Master5 or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected , or if it is a repeat violation, it may be presented to the Special Master5 even if the violation is corrected after the tim e allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay t he civil penalty or to contest the citation : To pay , pick up receipt payment validation form from Code Enforcement Div is ion ("CED"), loc ated at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@southmiam ifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CODE VIOLATION DETAILS : 5 "Special Master" means "Special Magistrate" or "Magistrate" and vice versus. Appendix Page No. 195 685 July 21, 2021 Stunna's Fit LLC (tenant) 6600 SW 62 A venue South Miami, Florida 33 143 Consolidated Research and Planning Corp . (owner) 6796 SW 62 Avenue South Miami, FL 33143 RE: Notice of Hearing I CIT Y'S EXHIBIT -C I I NOCI NO. 21-0025 1 I Civil Infraction No: 21 -00122 VW(Violation Date: 3/31/2021); 21-00177 JM (Violation date: 02/12/2021); 2.1-00179 .Th1 (Violaiion date: 02/20/2021); 21-00180 JM (Violation date: 03/06/2021). Lorntion of Violation : 6600 SW 62 Ave. YOU, AS THE OW NER AND TENANT OF THE PREMISES AT: 6600 SW 62 AVE, SOUTH MJAMI, FLORIDA 33143, HAVE BEEN CHARGED WITH A VIOLATION OF SECTION 20-3.6(V)(l) OF THE CITY OF SOUTH MIAMI'S L AND DEVELOPMENT CODE. ANY PERSON, FlRM OR EN TITY FOUND TO BE lN VIOLATION OF ANY PROVISION OF SECTION 20 -3.6(V)(l) JS SUBJECT TO A MAXlMUM F INE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVISIONS OF SECTJON 2-25 OF TH E CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. THE ORIGINAL COURTESY NOTJCE OF CIVIL INFRACTION WAS ISSUED TO YOU ON NOVEMBER 4, 2020 WHEN THE TENANT WAS CONDUCTING COMMERCIAL ACTIVJTY OUTSIDE OF A BUILDING. NOTICES OF CIVIL INFRACTION ISSUED TO YOU ON MAY 21, 2021. This se rves to no ti fy you that on Sept ember 15, 2021 at 9:30 a.m., a hearing will be held in the City Commission Chambe rs at City Hall, located at 6130 SW 72 Street, South Miami , Florida 33143, on the City's Notice of Civil Infraction l isted above . The City will request that the SpeciaJ Magistrate enter an Order imposing fines against the owner and tenant and a lien upon the prope rty mentioned above. The hearing will continue from day to day until completed. You may appear at th is hearing with or without an attorney. The hear in g will be held to determine whether you and your property are in violation and whether ii has been b rought into comp liance with the City's Land Development Code. If the Special Magi strate determines that a violation has occurred, a s set forth herein above, an Order may be ente red which may constilu te a lie n against the property referenced above and any other real o r pe rso n al property of th e violator(s). If you wish to en ter into an agreement s tipulat ing to this violation, a Code Enforcement Representative will be available from 8:00 a.m. to 9:00 a .m. on t he date of the he a r ing to discuss the matter. DUE TO COVID-19 : FACE MASK MUST B E WORN AT ALL TIMES. ANY EVJDENCE OR DOCUMENTS F OR T HE HEARING SHOULD BE EMAJLED TO: cbyn um @so uthmi amifl .gov NO LATER THAN 3PM THE DAY BEFORE THE I-I EARING. Non-Engl ish speaking a l leged violators: The City ca nnot g uara ntee th e availability of a trans lator for the h earin g schedu led in t hi s n ot ice. Nor can the C it y gua rantee th e accuracy of any transla1ion sh ould a translator be prnvided for you . Therefore, it is rec om me nded th at you make arran gements to bring your own trans la tor to the hearing.be provided for you. Tlierefore, it is recommended t hat you make a r r-angements to bring your own tra ns lato r to th e hea r·ing . ___ .... ------.. ·· ....... /:----·· ·' Appendix Page No. 196 686 Americans with Disabilities Act.: In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this hearing because of that disability should con tact the Code Enforcement Office at (305) 663 -6335, no later than 48 hours prior to such proceeding. lfyou have any questions regarding this notice, please contact this office at (305) 663-6335. //) &1/_,,,----..... / / Sip.G9 rely yours, /7 (" ~:::-., -· /I} /,? / 1 ,-,/4 l //".J?.f /_ -/ .J / I /l A' f I\ ,,,:~p A27;::;, . , . / {){,<--<Y-v L~ r~ ?-,,, ( Carol A. Hughes-By,§ .. // ( ,/ -~ \_Senior Code Enforcement Officer \.. ~- Appendix Page No. 197 687 July 21, 2021 Stunna's Fit LLC (tenant) 6600 SW 62 Avenue South Miami, Florida 33143 Consolidated Research and Plan n ing Corp. (owner) 6796 SW 62 A venue South Miami, F L 33143 RE: Notice of Hearing Civil Infraction No: 21-00226 (Violation date: 05/29/2021); Location of Violation: 6600 SW 62 Ave. YOU, AS THE OWNER AND TENANT OF THE PREMISES AT: 6600 SW 62 AVE, SOUTH MIAMI, FLORIDA 33143, HAVE BEEN CHARGED WITH A V10LATTON OF SECTION 15-82.1. OF THE ClTY OF SOUTH MIAMJ'S CODE OF ORDJNANCES . ANY PERSON, FIRM OR ENTITY FOUND TO BE IN VIOLA Tl ON OF ANY PROVISION OF SECTION 15-82.1. IS SUBJECT TO A MAXIMUM FINE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PRQVISIONS OF SECTION 2-25 OF THE CITY OF SOUTH MIAMI'S CODE OF ORDJNANCES. THE ORIGINAL COURTESY NOTICE OF CIVIL INFRACTION WAS ISSUED TO YOU ON 1YIAY 21, 2021 WHEN THE TENANT WAS IDLING A DIESEL ENGINE VEHICLE FOR MORE THAN THE TIME ALLOW. NOTICES OF CIVIL INFRACTION ISSUED TO YOU ON JUNE 17, 2021. This serves to notify you that on September 15, 2021, at 9:30 a .m., a hearing will be held in the City Commission Chambers at City Hall, located at 6130 SW 72 Street, South Miami, Florida 33143 , on the City's Notice of Civil Infraction listed above. The City will request that the Special Magistrate enter an Order imposing fines against the owner and tenant and a lien upon the property mentioned above. The hearing will continue from day to day unti I completed. You may appear at this hearing with or without an attorney. The hearing will be he ld to determine whether you and your property are in violation and whether it has been brought into comp liance with the City's Land Development Code. lfthe Special Magistrate determines that a violation has occurred, as set forth herein above, an Order may be entered which may constitute a l ien against the property referenced above and any other real or personal property of the violator(s). If you wish to enter into an agreement stipulating to this violation, a Code Enforcement Repre sen tative will be available from 8:00 a.m. to 9:00 a.m. on the date of the hearing to discuss the matter. DUE TO COVlD-19: FACE MASK MUST BE WORN AT ALL TlMES. ANY EVIDENCE OR DOCUMENTS FOR THE HEARING SHOULD BE EMAILED TO: cbynum@so11thmia111ifl.gov no la ter than 3pm t he day before t he hearing. Non-English speak ing alleged vio lators: T he City cannot guarantee th e availability of a translator for th e hearing sc hed uled in this notice. Nor can 1he City guarantee the accuracy of any tran s latio n s hould a translator be prov ided for you. Therefore, it is recommended that you make arrangements to bring your own transl ator to the hearing.be provided for you. T herefore, it is recommend ed that you mak arrangements to br in g your own translator to the hearing. Appendix Page No. 198 688 Americans with Disabilities Act.: ln accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this hearing because ofthal disability should contact the Code Enforcement Office at (305) 663-6335, no later than 48 hours prior to s1ich proceeding . Appendix Page No. 199 689 July 2 1, 2021 Stunna's Fit LLC (tenant) 6600 SW 62 A venue South Miami, Florida 33143 Consolidated Research and Planning Corp. (owner) 6796 SW 62 A venue South Miami, FL 33143 RE: Notice of Hearing Civil Infraction No: 21-00227 VW (Violation Date: 5/31/2021); 21-00231 VW (Violation Date: 5/06/2021); 21-00232 CB (Violation Date: 6/07/2021); 21 -00233 CB (Violation Date: 6/14/2021). Location of Violation: 6600 SW 62 Av YOU, AS THE OWNER AND TENANT OF THE 'PREMISES AT: 6600 SW 62 A VE, SOUTH MlAMl, FLORIDA 33143, HA VE BEEN CHARGED WJTH A VIOLATION OF SECTION 20- 3.6(V)(l) OF THE CITY OF SOUTH MIAMI'S LAND DEVELOPMENT CODE. ANY PERSON, FIRM OR ENTITY FOUND TO BE IN VIOLATION OF ANY PROVISION OF SECTIO 20- 3.6(V)(l) IS SUBJECT TO A MAXIMUM FINE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVISIONS OF SECTION 2-25 OF THE CITY OF SOUTH MIAMJ'S CODE OF ORDINANCES. THE ORIGINAL COURTESY NOTICE OF CIVlL INFRACTION WAS IS SUED TO YOU ON NOVEMBER 4, 2020, WHEN THE TENANT WAS CONDUCTING COMMERCIAL ACTIVITY OUTSJDE OF A BUILDING. NOTICES OF CIVIL INFRACTIONS ISSUED TO YOU ON JUNE 17, 2021 This serves to notify you that on September 15, 2021, at 9:30 a.m., a hearing will be held in the City Comm ission Chambers at City Hall, located al 6130 SW 72 Stree'l, South Miam i, Florida 33143, on the City's Notice of Civil Infraction listed above. The City will reque s t that the Special Magistrate enter an Order imposing fines against the owner and tenant and a li en upon the property mentioned above. The hearing will continue from day to day until completed. You may appear at this hearing with or without an attorney. The hearing will be held to determine whether you and your property are in violation and whether it has been brought into compliance with the City's Land Deve lopment Code. If the Special Magistrate determines that a violation has occurred, as set forth herein above, an Order may be en tered wh ich may constitute a lien against the property referenced above and any other real or personal property of the violator(s). lf you wish to enter into an agreement stipu lat ing to this violation, a Code Enforcemen t Representative will be avai !able from 8 :00 a .m. to 9 :00 a.m. on the dale of the hearing to dis cuss the rna lt er. DUE TO COVlD-19: FACE MASK MUST BE WORN A T ALL TIMES. ANY EVIDENCE OR DOCUMENTS FO R THE HEAR ING SHOULD BE EMAILED TO: cbynum@southmiamin .gov no later t ha n 3pm the clay befo re the he a ring. Non-English speakin g a ll eged viola tor s: The City cannot guarantee the availabi l ity of a translator for the hearing schedu led in this notice. Nor can the City guarantee the accuracy of any tran sla ti on $hou ld a translator be provided for you . Therefore, it is recommended that you make arrangements to bring your Appendix Page No. 200 690 own translator to the hearing.be provided for you. Therefore, it is recommended th at you make arrangements to bring your own translator to the hearing. Americans w ith D isabilities Act.: In accordance with the Ame ricans with Disabilities Act, all persons who are disabled and w ho need special accommodations to part icipate in th is hearing because of that disabi lity should contact the Code Enforcement Office at (305) 663-6335, no later than 48 h ours prior to such proceeding. If you have any qu estions rega rding th is notice, rlease contact this office at (305) 663-6335 . / s· Jt~y°;)irs/// l{~f,,./J2~L _;,c,;_,,//.A.J (:1/1~~.7 it.~'-·· =-r---- . ~ol A. H ughes -By nui(/ (.,.!,_ ---- -Senior Code E n fo rceme1111). 1ce't--.______ Appendix Page No. 201 691 July 21, 2021 Stunna's Fit LLC (tenant) 6600 SW 62 A venue South Miami, Florida 33143 Consolidated Research and Planning Corp. {owner) 6796 SW 62 A venue South Miami, FL 33143 RE: Notice of Hearing Civil Infraction No: 21-00230 (Violation date: 06/05/2021); 21 -00232 (Violation date: 06/07/2021); 21- 00233 (Violation date: 06/14/2021). Location of Violation : 6600 SW 62 Ave. YOU, AS THE OWNER A ND TENANT OF THE PREMISES AT: 6600 SW 62 A VE, SOUTH MlAMl, FLORIDA 33143, HAVE BEEN CHARGED WITH A VIOLATION OF SECTION 20-3.6(V}(l) OF THE CITY OF SOUTH MIAMI 'S LAND DEVELOPMENT CODE. ANY PERSON, FlRM OR ENTITY FOUND TO BE lN VIOLATION OF ANY PROVISION OF SECTION 20-3.6(V)(1) JS SUBJECT TO A MAXIMUM FINE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVISIONS OF SECTION 2-25 OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. THE ORJGINAL COURTESY NOTICE OF CIVIL INFRACTION WAS ISSUED TO YOU ON NOVEMBER 4, 2020, WHEN THE TENANT WAS CONDUCTING COMMERCIAL ACTIVITY OUTSIDE OF A BUILDING. NOTICES OF CIVIL INFRACTION I SSUED TO YOU ON JUNE 17, 2021. This serves to notify you that on September 15, 2021 at 9:30 a.m., a hearing will be held in the City Commission Chambers at City Hall, located at 6130 SW 72 Street, South Miami, Florida 33143, on the City's Notice of Civil Infraction listed above. The City will request that the Special Magistrate enter an Order imposing fines against the owner and tenant and a lien upon the property mentioned above. The hearing will continue from day to day until completed. You may appear at this hearing with or without an attorney. The hearing will be held to determine whether you and your property are in violation and whether it has been brought into compliance with the City's Land Development Code. lfthe Special Magistrate determines that a violation has occurred, as set forth herein above, an Order may be entered which may constitute a lien against the property referenced above and any other real or personal property of the violator(s). lf you wish to enter into an agreement s tipulat ing to this violation, a Code Enforcement Representative will be available from 8:00 a.m. to 9:00 a.m. on the date of the hearing to discuss the matter. DUE TO COVlD-19: FACE MASK MUST BE WORN AT ALL TIMES. ANY E VlDENCE OR DOCUMENTS FOR THE HEARING SJIOULD BE EMA JL ED TO : cbynum@southmiamifl.gov NO LATER THAN 3PM THE DAY BEFORE THE HEARING. Non-English speaking al leged violators: The City cannot gua rantee the avai lab il it y of a tr a nslator fo r the hearing schedu led in this notice. Nor can the City guarantee the accuracy of any translation should a tran s la1o r be provided for you. Therefore, it is recomme nd ed that you make arrangements to bring your own trans lator to the hearing.be provided for you. Therefore, it is recommended that you make arrangements to bring your own tran s lator to the hearing. Appendix Page No. 202 692 Americans with Disabilities Act.: Jn accordance with the Americans with Disabilities Act, all persons who are disabled and who need specia l accommodations to participate in this hearing because of that disability should contact the Code Enforcement Office at (305) 663-6335, no later than 48 hours prior to such proceeding . If you have any questions regarding this notice, please contact this office at (305) 663-6335 . • -'"l ~11ycrcly/0L/~' /f~ ~.~ //)1 /J tl r ~ ___ './trJ/:c.~ / ..,.u.{jb{j -~ / ,, 71 ~ .....____ l--0.rrot A . H ughes-,dyn 1111, r ' Senior Code EnfoY-C.f:J cnt Oilice1 __) Appendix Page No. 203 693 July 21, 2021 Stunna's Fit LLC (tenant) 6600 SW 62 A venue South Miami, Florida33!43 Consolidated Research and Planning Corp. (owner) 6796 SW 62 A venue South Miami, FL 33143 RE: otice of Hearing Civil Infraction No: 21-00251 (Violation date: 07/02/2021); Location of Violation : 6600 SW 62 Ave. YOU, AS THE OWNER AND TENANT OFT IE PREMJSES AT: 6600 SW 62 AVE, SOUTH MlAMJ, FLORIDA 33143, HAVE B EN CHARGED WJTH A VIOLATION OF SECTION 20-1.7(B)(l) OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. ANY PERSON, FIRM OR ENTITY FOUND TO BE lN VIOLATION OF ANY PROVISION OF SECTION 20-1.7(B)(l). IS SUBJECT TO A MAXIMUM FINE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVISIONS OF SECTION 2-25 OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. THE ORIGINAL COURTESY NOTICE OF CIVIL INFRACTION WAS ISSUED TO YOU ON May 21, 2021 WHEN THE TENANT WAS IDLING A DIESEL ENG INE VEHICLE FOR MORE THAN THE TIME ALLOW. NOTICES OF CIVIL INFRACTION ISSUED TO YOU ON July 6, 2021. This serves to notify you that on September 15, 2021, at 9:30 a.m., a hearing will be held in the City Commission Chambers at City Hall, located at 6130 SW 72 Street, South Miami, Florida 33143, on the City's Notice of Civil Infraction listed above. The City will request that the Special Magistrate enter an Order imposing fines against the owner and tenant and a lien upon the property mentioned above. The hearing will continue from day to day until completed. You may appear at this hearing with or without an attorney. The hearing will be held t o determine whether you and your property are in violation and whether it has been brought into compliance with the City's Land Development Code. Jfthe Special Magistrate determin es t hat a violation has occurred, as set forth herein above, an Order may be entered which may constitute a lien aga in st the property referenced above and any other real or personal property of the violator(s). If you wish to enter into an agreemen t stipulating to this violation, a Code Enforcement Representative will be available from 8:00 a.m. to 9 :0 0 a.n1. on the date of the hearing to discuss the matter. DUE TO COVID-19: fA_CE MASK MUST BE WORN AT ALL TlMES. ANY EVIDENCE OR DOCUMENTS FOR THE HEARING SHOULD BE EMAILED TO : cbynum@southmiamin.gov no la ter than 3pm the day before the hearing. Non-English sp eaking alleged violators: The City cannot guarantee the availability of a tran s lator for the hearing scheduled in this notice. Nor can the C ity guarantee t he accuracy o f any translation s ho u ld a trans lator be provided for you. Therefore , it is recommended that you make arrangements to bring your own translator to the hearing .be provided for yo 11 . Therefore, it is recommended that you make a rr a ng eme nt s to bring your own tra nslator to th e hear ing. 3;1-7 ,(111 I Appendix Page No. 204 694 Americans with Disabilities Act.: In accordance w ith the Americans with Disabilities Act, all person s who are disabled and who need special accommodations to participate in this hearing because of that disability should contact the Code Enforcement Office at (305) 663-6335, no later than 48 hours prior to such proceeding. Appendix Page No. 205 695 August 16, 202 l Gabriel Varona 6600 SW 62 A venue South Miami, Florida 33 14 3 RE: Notice of Hearing Civil Infraction No: 21-00308 (Violation <late: 05/29/2021) Location of Violation: 6600 SW 62 Ave. YOU, AS THE OWNER OF THE VEHIC LE LOCATED AT: 6600 SW 62 AVE, SOUTH MIAMI, FLORIDA 33143, HAVE BEEN CHARGED WITH A VIOLA TION OF SECTIO 15-82.1 OF THE CJTY OF SOUTH MIAMI'S CODE OF OR.DlNANCES. ANY PERSON, FlRlvl OR ENTJTY FOUND TO BE IN VIOLATION OF ANY PROYJSJON OF SECTION 15-82.l. JS SUBJECT TO A MAXJMUM FINE OF $500 .00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVIS IONS OF SECTlON 2-25 OF THE CJTY OF SOUTH MIAMI'S CODE OF ORDJNANCES. THE ORlGINAL CO RTESY NO TICE OF C.lVlL JNFRACTJON WAS lSSUED TO YOU ON May 21, 2021 WHEN THE DlESEL ENGINE VEHICLE OWNED BY YOU WAS IDLJNG FOR MORE THAN THE T IM E ALLOW. NOT JCES OF CIVIL lNFRAC'TJON JSSUED TO YOU ON August 11, 20201. Th is serves to notify you that on September .15, 2021, nt 9:30 a.m ., a hearing will be held in the City Commission Chambers at City Hall, located at 6130 SW 72 Street, South Miami , Florida 33143, on the City's Notice of Civil Jnfraction listed above. The City wi lJ request thal the Special Magistra te enter an Order imposing fines against th e owner and tenant and a li en upon the pr oper ty mentioned above. The hearing will continue from day to day until completed . You may appear at this hearing with or without an attorney. The hearing will be held to determine whe the r you and your properly are in violation and whether it has been brnught into compliance with the City's Land Development Code. Jr Lhe Special Magistrat e determines that a violation has occurred, as set forth here in above, an Order may be en tered whi ch may constitute a lien against the property referenced a bove and any other real or per sonal property of the violator(s). If you wis h to en ter in to an agreement stipul ating 10 this violation, a Code Enforcement Representative will be available from 8:00 a.m. to 9:00 a.m. on the date or the hearing to discuss the matter. DUE TO COVJD-19: FACE MASK MUST BE WORN AT ALL TIMES . ANY EVIDENCE OR DOCUMENTS FOR TI-IE HEA RING SHOU LD BE EMAJLED TO: cbynum@southmiarnifl.gov no late r than 3pm !he day before the hearing. Non-English-speaking alleged violators: The City can not gliaranlcc the avai lability of a lranslator fo r the hea ring scheduled in thi s notice. Nor can the C ity guarantee the accuracy of any tn:rnslation shou ld a translator be provided fo r you. Therefore, it is recommended that you make nrrnngements to br ing your own tnmslator to the heari ng.be provided for you. Therefore, it is recommended 1hat you make a1i-angcments to bring you1· own trans lator to th e hearing. Americans with Disabilities Act.: In accordance with the A mcricans wi1h Disabililies Act, all persons who are disabled and who need special accommodations 10 participate in 1h is hearing because or that dis abi lity should contact the Code Enforcement Oflicc al (305) 663-6335, no la 1cr th,m '4S hours prio r to Slich proceeding. If you have ,1ny ques tions regarding this no tice , please contact this \lfficc at (305) 663-6335. Sincerely yours, AN kf/v .. k David S1ruder . Code Enforcement Ofliccr Appendix Page No. 206 696 August 16, 202 1 Gabriel Varoua 6600 S W 62 A venue South Miami. florida 33 143 RE: Notice of Hearin g Civil Infraction 21-00310 (Violation date: 07/26/2021) Location of Violation: 6600 SW 62 Ave. YOU, AS THE OWNER Of THE V ·H JCLE LOCATE D AT: 6600 SW 62 AVE, SOUTH MlAMI, FLORJDA 33 143 , HA VE BEEN Cl IA RGED WITH A V IOLATION or SECTION 15 -82.1 OF THE CJTY OF SOUTH MIAMI 'S CODE OF ORDINANCES. ANY PERSON. FI RM OR ENTITY FOUND TO BE IN VIOLATION OF ANY PROVISION OF SECTION 15-82.J. IS SUBJECT T O A MAXI MUM FINE OF $500.00 F OR EACH OFFENSE. JN ACCORDANCE WlTII P ROVISION S or SECTION 2 -25 OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. THE ORIG INAL COURTESY NOTICE OF CIVIL INFRA CT IO N WAS ISSUED TO YOU ON May 21, 2021 WH EN THE DI ESEL ENGINE VE HICLE OWNED BY YOU WAS IDLING FOR MORE THAN THE T IME ALLOW. NOTICES OF CIVlL JNFRACTIO N ISS UED TO YOU ON August 12, 2021. Th is serves to notify you tha t on Se ptemher 15, 2021, at 9:30 a.ni., a hea ring will be he ld in the City Commission Chambers a t C ity Hal l, loca ted at 613 0 SW 72 Street, South Jv!iarni , F lorid a 33143 , on the C ity's Notice of Civil Infraction lis ted above . The Ci ty w ill requ es t tha t the Special Magistrate enter an Order impos ing fines against the owner and tenan t and a lie n upo n the property mentioned above . The hearing will continue fr om day to day un til comp leted. You may appea r at th is hearin g with or wi thout an attorney. T he hearing will be held lo de termi ne wheth er you and yo l\r property ure in viola tion and whether it l1 as been brought into comp lia nce with th e City's Land Development Code. If the Spec ia l Ma gis trate determines that a vio lation has occun-ed , as set forth lierein above, an Order may be entered •Nhich may const it ute a lien aga in st the property refere nced above a nd any other r eal or personal property of the vio la tor (s). l fyou wis h lo en te r int o an agreement ~tipulat ing to th is violation, a Code Enforcemen t Representative will be av a ilab le from 8:00 a.m. to 9:00 a.m. on the da le o f the hearing to discus s the matter. DU E T O COVID-19: FACE MASK MUST BE WOR N AT ALL TIMES .. ANY EVJDENCE OR DOCUMENTS FO R THE I ]E ARING SHOU LD BE EMAI LE D TO: cbynum@sou t hmian1 itl .gov no later tha n 3 pm the day before the hcai-ing . Non-English·speuk in g alleged viola tors : T he City cannot guarantee the ava il:ibi lity of a translator for rhe hearing schedu led i n th is notice. Nor ca n th e Ci ty g uarantee the accuracy of any trnns lat ion should a trans lator be pro vid ed for you. Therefore, it is recomme nded t hat you make :J.rrangements to hri ng you r own tr ansla tor to the he aring.be provided fo r you. Therefore, it is recommended that yo u ma ke arra ngement s to bring your own trans!.:1tor lo the he aring . Americans wi th Di sr,bi lit ii::s .l\ct.: In accordance wit l1 the Americans with Disabi lities Act , a ll persons who a n: disab led and who n eed spec ia l accom 111oda ti ons to particip ate in t his hearing because o f that disability should contact the Code Enfo rcement Office at (305) 663 -63 35 , no late r tlrnn '18 hours prior to such proceed ing. If you ha ve any ques tions regarding this no ti ce. please co n\acl this ofl icc at (305) 663-6335 . Sin ccrcl :,• yours, ~~ ,{/ll\,·~:.,L~'-. David S!rudcr. Code Enforcemen t Ollicer Appendix Page No. 207 697 September 2, 2021 Stunna's Fit, LLC 6600 SW 62 A venue Sou th Miami, Florida 33143 RE: Notice of He::iring Civil Infraction No. NOCI 21-00317 (Violation date 2021-08-24) Location of Violation : 6600 SW 62 Ave. YOU, AS THE OWNER OF THE VEHICLE LOCATED AT: 6600 SW 62 A VE, SOUTH M IAMI , FLORIDA 33143, HAVE BEEN CHARGED WJTH A V IO LATION OF SECTION 15-82.1 OF THE C lTY OF SO UTH MIAMl'S CODE OF ORDINANCES. ANY PERSON , FIRM OR ENTITY FOUND TO BE IN VIOLATION OF ANY PROVJSJON OF SECTION 15-82.1. IS SUBJECT TO A MAXIMUM FINE OF $500.00 FOR EACH OFFENS -. IN ACCORDANCE WITH PROVlSIONS OF SECTION 2 -25 OF T HE CITY OF SOUTH MJAMI'S CODE OF ORDINANCES. THE ORIGINAL COURTESY NOTICE OF CIVIL INFRACTJON WAS ISSUED TO YOU ON May 21, 2021 WHEN THE DIESEL ENGINE VEHICLE OWNED BY YOU WAS IDLING FOR MORE THAN 1 HE TIM ALLOW. NOTI CES OF CIVIL IN FRACTION ISSUED TO YOU ON September 2, 20201. This serves t o notify you that on September 15, 2021, at 9:30 a.m., a hearing will be held in the City Commiss ion Chambers at City Hall, locat ed at 6130 SW 72 Street, S ou th M i ami, F lorid a 33143, on the C ity's Notic e of Civil Jnfrac tion listed above. The City will req uest that the Special Magistrate enter an Order impos in g fines against the owner and tenant and a lien upon the property mentioned above. The hearing will continue from day to day until completed. You may appear at this hear in g with or without an attorney . The hearing will be held to determine whether you and your property are in violation and whether it has been brought in to compliance with the City's Land Devel opment Code. lfthe Special Magistrate d etermines that a violat ion has occurred, as set for th herein above, an Ord er may b e entered w hich may co n stitute a lien aga in s t th e property referenced above and any other real or personal property of the violator(s). If you w i sh to e nt e r into a n agreement stipulating to this violation, a Code E nforcement Representative w ill be available from 8:00 a.m. to 9:00 a.m. on the date of the hearing to discuss th e matter. DUE TO CO V lD-19 : FACE MASK MUST BE WORN AT ALL TIMES . ANY EVIDENCE OR DOCUMENTS FOR THE HEARING SHOULD BE EMA ILED TO: cbynum@southmiamifl.gov no later than 3pm the day before th e hearing. Non-English-speaking alleged violators: The City cannot guarantee the availabi lity of a translator fo r the hearing scheduled in this notice. Nor can the City guarant ee th e accuracy of a ny tra ns la ti on s h ou ld a translator be provided for you. Therefore, it is recommended tha t you m ake arrangemen ts to bring your own translator to the hear i ng.be provided for you. Therefore, it is recommended that you make arrangements to bring your own translator to the hearing. Americans with Disab il ities Act.: l n accordance with the Americans with Disabilitie Act, all persons who are disab led and who need special accommodat ions to participate in this hearing beca use of th at d isabi lit y shou ld con tact the Code Enforcement Office at (305) 663-6335, no later than 48 hours prior to such proceedin g. Ir you have any questions regard ing t hi s notice, please contact this office at (305) 663 -633 5. Appendix Page No. 208 698 eptember 2, 2021 Gabriel Varona 6600 SW 62 A ven ue Sot1th Miami, Florida 33 143 RE: Notice of Hearing Civil Infraction No. NOCI 21-00317 (Violation date 2021-08-24) Location of Violation: 6600 SW 62 Ave. YOU, AS THE OWNER_ OF THE VEHICLE LOCATED AT: 6600 SW 62 AVE, SOUTH MIAMI, FLORIDA 33143, HA VE BEEN CHARGED WITH A VIOLATION OF SECTION 15-82.1 OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES. ANY PERSON, FlRM OR ENTITY FOUND TO BE IN VIOLATION OF ANY PROVISION OF SECTION 15-82.1. IS SUBJECT TO A MAXJMUM FlNE OF $500.00 FOR EACH OFFENSE. IN ACCORDANCE WITH PROVISIONS OF SECTION 2-25 OF THE CITY OF SOUTH MIAMJ'S CODE OF ORDINANCES. THE ORIGINAL COURTESY NOTICE OF CIVIL INFRACTION WAS ISSUED TO YOU ON May 21, 2021 WHEN THE DJESEL ENGINE VEHJCLE OWNED BY YOU WAS IDLING FOR MORE THAN THE TIME ALLOW. NOTICES OF CIVIL INFRACTION ISSUED TO YOU ON September 2, 20201. This serves to notify you that 011 September 15, 2021, at 9:30 a.m., a hearing will be held in the C ity Commission Chambers at City Hall, located at 6130 SW 72 S tre et, South Miami, Florida 33143, on the City's Notice of Civil Infraction listed above. The City will requ est that the Special Magistrate enter an Order imposing fines against the owner and tenant and a lien upon th e property mentioned above. The bearing will continue from day to day until completed. You may appear a t this hearing with or without an attorney . The hea rin g will be held to determine whether you and your property are in violation and whether it has been brought into compliance with the City's Land Development Code . l f the Special Magistrate determines that a vio lation has occurred, as set forth herein above, an Order may be entered vihich may constitute a lien against the property referenced above and any other real or personal property of the violator(s). lf you wish to enter into an agreement stipulating to thi s violation, a Code E nforcement Representative will be availabl e from 8:00 a.m. to 9:00 a .m . on the date of the hea ring to discuss the matter. DUE TO COVJD-19: FACE MASK MUST BE WORN AT ALL TJMES. ANY EVIDENCE OR DOCUMENTS FOR THE HEARING SHOULD BE EMAILED TO: cbynum@southmiamifl .gov no later than 3pm the day before the hearing. Non-Eng lish-speak in g alleged violators: The City cannot guarantee the availability ofa translator for the hearing sc heduled in this notice. Nor can the City guarantee the accuracy of any translation shou ld a translator be provided for you. Therefore, it is recomm ended that you ma ke arrangements to bring your own tran sl ator to the hearing.be provided for you. Therefo re, it is recommended tha t you make arrangements to bring your own translator to the hearing. Americans with Disabilitie s Act.: Jn accordance w ith the Ame r ican s with Disabilities Act, all persons who are disab led a nd who need special accommodations to participate in thi s hea rin g becau se of that disabi lit y should contact the Code Enforcement Office at (305) 663-6335, no late1· than 48 hour s prior to s uch proceeding. If you have any questions regardin g this notic e, please contact this office at (305) 663-6335. Sincerel y yours. / /(Z..,~T'-. /'] (dlid_,~--~--- C~ol Bynum. / 1 / ( --.......__..._~ Code Enforcement O l;i:iet, ( ---...,, ,. ...... ~ .. .....___ '·,) --------~· Appendix Page No. 209 699 917/21, 8 :11 AM Mail -Pepe, Thomas F. -Outlook Fw: NOH 9/15/21 SERVED TO CONSOLIDATED 6600 SW 62 AVE Pepe, Thomas F. <TPepe@southmiamifl.gov> Thu 7/22/2021 7:34 PM I CITY'S EXHIBIT -C.1 I I NOCI NO. 21-00251 To: tania@benfernandezlaw.com <ta nia @benferna ndezlaw.com>; b en@benfernandezlaw.com <ben@ benfernandez law.com>; dwinker@dwrlc.com <dwinker@dwrlc.com > ® 5 attac hments (529 KB) NOH 9_20210722161557.pdf; NOH 9_202 10722160917.pdf; NOH 9_20210722161032.pdf; NOH 9_20210722161209.pdf; NOH 9_20210722161409 .pdf; Attached are the notices of hearing for the Stunna's Fit cases. The hearing is set on the Magistrates regular calendar for September 15, 2021, commencing at 9:30 a.m. Thank you. Very truly yours, Thonias F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Loca l Government Law. City of South Miami 1450 Madruga Avenue, Ste 3 J J, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-ma il : tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRJVILE GED AND CONFlDENTlAL INFORMATION intended only for the use of the addressee named abov e . lf you arc not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohib ited. If you have received this e-mail in cnor, please immediately notify us by telephon , call collect if outside of your area code and delete this e -mail. We will reimburse you for th e cost of your Jong distance call. Thank you. Please also note : All e-mails to an d from thi s e-mail s it e are kept as a public record. Your e-mail communications, including your e-mail address may be disc losed to the public and media at any time pursuant to Florida Statutes, ch. 119 . From: Byn um, Carol <CBynum@southmiamifl.gov> Sent: Thursday, July 22, 20 21 4 :22 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Cc: Fraga-Lopez, Samantha <SFraga -L opez@southmiamifl.gov> Subject: NOH 9/15/21 SERVED TO CONSOLIDATED 6600 SW 62 AV E Hel lo Mr. Pepe, Attached are the served notices of hearings t o property owner for September 15, 2021. Very truly yours, Carol A. Hughes-Bynu1n Senior Code Enforcement Officer City of South Miami 6130 Sunset Drive South Miami, FL 33 I 1-3 htlps://outlook.office .com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtND E0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAHTo4MvBxkuQphy8NoCmfvc%3D 1/~ Appendix Page No. 210 700 9/7/21, 8:11 AM <a 3 05 .668.:34 9:! Direct 'a:305. 6 6 6.2519 Fax. T;J : cby num@southmiarni}lgov G :www.southmiamijl.gov Mail -Pepe, Thomas F. -Outlook I CITY'S EXHIBIT -C.1 I https://outlook .office.com/mail/id/AAQkAD E4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLWJjM zQ3N DAyMDhiZQAQAHTo4 MvB xkuQphy8NoCmfvc%3 D 2/: Appendix Page No. 211 701 9/7/21 , 8 :15 AM Ma il -Pepe, Thomas F. -Outlook Re: Stunna's Fit subpoenaing Varona ben@benfernandezlaw.com <ben@benfernandezlaw.com> Sa t 7/17/2021 8:48 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Yes. On Jul 17, 2021, at 8:46 AM, Pepe, Thomas F. <TPepe@southmiamifl .gov> wrote: I received a telephone message from Mr Varona after he was served with the subpoena to appear at the hearing and he said that he wanted me to serve you with the subpoena . Will you accept service of process on your cl ient by email, i.e., sending the subpoena as an attachment to an email sent to your email address? Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android I CITY'S EXHIBIT -C.1 I https ://outlook .offi ce.co m/m ail/id/AAQkAO E4 MGQ 2YzMwLT k0MGEtNOE0MS04NTlwLWJjMzQ3NOAyMOhiZQAQAFdzg%2BM21UFNiUogfBGZ9R4%3D 11· Appendix Page No. 212 702 9/7/21, 8:15 AM Mail -Pepe, Thomas F. -Outlook Re: Stunna's Fit subpoenaing Varona ben@benfernandezlaw.com <ben@ben fernandezlaw.com> Sat 7/17/2021 8:48 AM I CITY'S EXHIBIT -C.2 I I NOCI NO. 21-00251 I To: Pepe, Thomas F. <TPepe@southmiamifl.gov> Yes. On Jul 17, 2021, at 8:46 AM, Pepe, Thomas F. <TPepe@southmiamifl .gov> wrote : I received a telephone message from Mr Varona after he was served with the subpoena to appear at the hearing and he said that he wanted me to serve you with the subpoena. Will you accept service of process on your client by email, i. e., sending the subpoena as an attachment to an email sent to your email address? Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Andro id https ://o utlook .office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NOAyMDhiZQAQAFdzg%2BM21UFNiUogfBGZ9R4%3O 1/1 Appendix Page No. 213 703 Bynum 's file names I CITY 'S EX HI BIT -C.3 I I NOCI NO. 2 1 -00251 I NOH 9 _20210722161557 .pdf regarding 21-00122; 21-00177; 21-00179; 21 -00180; NOH 9 _20210722160917.pdf regarding 21-00251; NOH 9 _20210722161032.pdf regarding 21-00226; NOH 9 _20210722161209 .pdf regarding 21-00230; 21-00232; and 21-00233; NOH 9 _20210722161409.pdf regarding 21-00227; 21-00231; 21 -00232 and 21-00233 Appendix Page No. 214 704 1/20/2021 Address Owner Name SEARCH: 6600 SW 62nd Ave Back to Search Results PROPERTY INFORMATION Folio: 09-4025 -012-0500 Sub-Division: COCOPLUM TERRACE ADON Property Address 6600 SW 62 AVE Owner CONSOLIDATED RESEARCH AND PLANNING CORP Mailing Address 6796 SW 62 AVE S MIAMI, FL 33143-3306 PA Primary Zone Folio 6100 COMMERCIAL -NEIGHBORHOOD Primary Land Use 11 11 STORE : RETAIL OUTLET Beds / Baths / Half Floors Living Units https ://www.miam idade .gov/Apps/PNpropertysea rch/#/ Property Search Application -Miami-Dade County ·-. r ___ ___ _ _ ____ __J Suite 0/0/0 0 I CITY'S EXHIBIT -D NOCI NO. 21-00251 1/8 Appendix Page No. 215 705 1/20/2021 Actual Area Living Area Adjusted Area Lot Size Year Built Featured Online Tools Compara bl e Sa les PA A dd iti on al Onli ne Too ls https://www.miamidade.gov/Apps/PNpropertysea rch/#/ Property Search A pplica tion -Miam i-Dade Cou nty 3,576 Sq.Ft 3,57 6 Sq.Ft 2,616 Sq .Ft 10,00 0 Sq.Ft Multi pl e (S ee Build in g Info.) Glossary Property Record Cards 2/f!. Appendix Page No. 216 706 1/20/2021 Property Search Application -Miami-Dade County Property Sea rch Help Report Disc repa ncies Spec ial Taxing Districts and O ther Non-A d valorem Assessments Tax Estimator Value Adjustment Board ASSESSMENT INFORMATION Ye ar Land Value Building Value Extra Feature Value Property Taxes Report Homestead Fraud Tax Comparison TRIM Notice 2020 $250,000 $143 ,829 $9,329 20 19 $250,000 $98,337 $8,747 --------------- Market Value $403,158 $357,084 Assessed Value $40 3,158 $357,0 84 TAXABLE VALUE INFORMATION 2020 2019 . -----~-·----. -----·- COUNTY .. .. ·-------. __ ,.,. _______ Exemption Value $0 $0 Ta xable Value $403,158 $357 ,084 . ------~-~ ~·-. SCHOOL BOARD ... -----. ~ -------·---·- Exemption Va lue $0 $0 Taxable Value $403,158 $357,084 .. .... --···---·-~-.. -·------. ' CITY . ···-------·-···· -- Exemption Value $0 $0 Taxable Va lue $403,158 $357 ,084 ----·---. --~-------. --- REGIONAL --------- Exemption Value $0 $0 Taxable Value $403,158 $357,084 BENEFITS INFORMATION Ben efit Type 20 20 2019 Nol e: Not all benefi ts are applicable to all Taxable Values (i .e . County, School Boa rd , City, Regiona l). https ://www.miamidade .gov/Apps/PA/properlysearch/#/ 2018 $220,000 $98,337 $8,881 $327 ,218 $327,2 18 ~ 2018 $0 $327,218 ....... --- $0 $327 ,2 18 ------------------~-- .. -·· -... $0 $327,218 $0 $327,218 20 18 3/r Appendix Page No. 217 707 1/20/202 1 Property Search Application -Mia mi-Dade County FULL LEGAL DESCRIPTION 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48 -38 N100FT BLK 5 LOT SIZE 10000 SQUARE FE ET OR 21958-061612 2003 6 SALES INFORMATION Previous Sale Price 12/01/2003 $485,000 OR Book-Page . Qualification Description 21958-0616 Other disqualified 06/01/1995 $0 00000-00000 Sales wh ich are disqualified as a result of examination of the deed 02/01/1984 $199 ,000 12340-057 5 Sales which are qualified 05/01/1980 $19 0,000 10759-1826 Other disqual ifie d For more info rmatio n about the Department of Revenue's Sales Qualification Codes . 2020 2019 2018 LAND INFORMATION PA Zone Land Use GENERAL Muni Zone NR 6100-COMMERC IAL -NEIGHBORHOOD BUILDING INFORMATION Building Number Sub Area 2 <-$, Current Building Sketches Availab le! EXTRA FEATURES Description Cent A/C -Comm (Aprox 300 sqft/Ton) Paving -Concrete Paving -Asphalt Year Built 1957 2006 htlps ://www.miamid ade.gov/Apps/PA/propertysearch/#/ Actual Sq .Ft. 3,072 504 Unit Type Square Ft. Living Sq .Ft. 3,07 2 504 Year Built 1985 1985 1957 Units 10,000.00 Adj Sq.Ft. 2,112 504 Un its 3 450 5,500 Cale Value $250,000 Cale Value $101,198 $42,631 Cale Value $3,060 $1,071 $5,198 4/f Appendix Page No. 218 708 1/20/2021 Property Search Application -Miami-Dade County ADDITIONAL INFORMATION • The information listed below is not derived from the Property Appraiser's Office records. It is provided for convenience and is derived from other government agencies. LAND USE AND RESTRICTIONS Community Development District: Community Redevelopment Area : Empowerment Zone: Enterprise Zone: Urban Devel opment: Zoning Code : Existing Land Use : NONE NONE NONE NONE INS IDE URBAN DEVELOPMENT BOUNDARY NR- 110 -SA L ES AND SERVICES (WHOLESALE FACILITIES, SPOT COMMERCIAL, STRIP COMMERCIAL, NEIGHBORHOOD SHOPPING CENTERS/PLAZAS). EXCLUDES OFFICE FACILITIES . Government Agencies and Commun ity Services OTHER GOVERNMENTAL JURISDICTIONS Business Incentives Childrens Trust City of South Miami Environmental Considerations Florida Inland Navigation District PA Bulletin Board Special Taxing District and Other Non-Ad va lore m Assessment School Board South Florida Water Mgmt District Tax Collector The Office of the Prop erty Appraiser is contin ually editing and updating th e tax roll . This website may not reflect the most curre nt information on record. The Property Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http ://www.miamidade.gov/infoidisclaimer.asp For inquiries and suggestions email us at htt p ://www.miamidade.gov/PAPortal/ContactForm/ContactFormMain .aspx. Version : 2.0 .3 EXEMPTIONS & BENEFITS https://www.miam idade .gov/Apps/PA/propertysearch/#/ 5/€ Appendix Page No. 219 709 1/20/2021 Deployed Military Disab ility Exemptions Homestead Institutiona l Senior Citizens REAL ESTATE 40 Yr Building Re -Certification Appealing Your Assessment Defective Drywall Folio Numbers Mortgage Fraud TANGIBLE PERSONAL PROPERTY Appealing your Assessment Assessment Information Search Exemptions Extension Requests Filing Returns https ://www.m ia midade .g ov/Apps/PA/propertysearch/#I Property Search Application -Miami-Dade County More> More> More> 6/1 Appendix Page No. 220 710 1/20/2021 PUBLIC RECORDS Address Blocking Change of Name Change of Address Change of Ownersh i p & Title Declaration of Condom inium ONLINE TOOLS Property Search Property Sales Tax Estim ator Tax Comparison Homestead Exemption and Portability TAX ROLL ADMINISTRATION Appealing your Assessment Reports https:l/www.miamidad e.gov/Apps/PA/propertysearch/#/ Property Search Application -Miami-Dade County More> More> 711 Appendix Page No. 221 711 1/20/2021 Property Search Application -Miami-Dade County More> https://www.miamidade.gov/Apps/PA/propertysearch/#/ 8/l Appendix Page No. 222 712 218/2021 Ad dress Own er Na me SEARCH: 6600 SW 62 Av e PROPERTY INFORMATION Folio : 09-4025-012-0240 Sub-Div ision: COCOPL UM TERRACE AD ON Pr operty Addres s 6531 SW 62 CT Own er JORGE L M ILIAN MAR ISSA LYNN MI LI AN Mai ling Address 6531 SW 62 CT MIAMI, FL 33143 PA Pri m ary Zon e 0800 SGL FAMILY -1701-1900 SQ Primary L and U se Folio 0101 RESIDENTIAL-SINGLE FAMILY : 1 UNIT B eds / Baths / Half Floors Living Un its Actual A r ea https :/lwww.miamidade .gov/App5/PNpropertysearch/#/ Property Search Application -Miam i-Dade County 3 / 1 11 1,730 Sq.Ft Suite I CITY'S EXHIBIT -E I I NOCI NO. 21-00251 I Appendix Page No. 223 713 2/8/2021 Pro p erty Sea rch Ap plica tio n - Miam i -Dade Co u nty Living Area 1,230 Sq.Ft Adjusted Are a 1,480 Sq .Ft Lot Size 10,549 Sq.Ft Year Built 1950 .. ,:~;iiii~~·~-..... llllll"'""r;";.':!~C-, -• C,f I _.eo ~ --. , ••~••· , ,,. N· I Fe atured Online Tools Comparable Sales PA Ad ditional Onli ne Tools Property Search He lp Report Discrepancies .. t •,._.. ·. .. . r:~~-- Glossary Property Re cord Cards Property Taxes Report Hom estead Fraud htlps ://www.miami dade.gov/Apps/PA/pro pertysearch/#/ 2/8 Appendix Page No. 224 714 2/8/20 21 Prope rty Search App lication -Miami-Da de County Sp eci al Taxi ng Districts and Oth er No n-Ad va lo rem A ssessm ents Tax Esti mator Valu e A dj ustment Board ASSESSMENT INFORMATION Ye ar Land Value Building Value Extra Fe ature Value Market Va lue As sessed V alue TAXABLE VALUE INFORMATION COUNTY Exemption Value Taxable Value SCHOOL BOARD Exemption Va lu e Taxable Valu e CITY Ex e mption Value Taxable Va lu e REGIONAL Exemption Valu e Taxable Va lu e BENEFITS INFORMATION Benefit Type Sav e Our Homes Cap Assessment Red ucti on Homestead Exemption S e cond Homestea d Exemption Tax Comparison TR IM No tice 2020 $267 ,137 $103,00 8 $1 ,0 80 $371,225 $170,20 1 2020 $50 ,000 $1 20,2 0 1 $25,000 $1 45,20 1 $50,000 $120,201 $50 ,000 $120 ,20 1 2020 $201,024 $25,000 $25,000 Note: Not all benefits are appli cabl e to all Taxabl e Values (i.e. County, Sc hool Boa rd, Ci ty, Regional). https :/lwww.miamidade.gov/Apps/PNp ro p ertysea rch /#/ 2019 2018 $246 ,588 $267,137 $103,008 $103,0 08 $1 ,095 $1,110 $350,691 $371,255 $166,375 $163,273 2019 2018 $5 0,000 $50,000 $116,375 $1 13,273 $25,000 525,000 $141,375 $138,273 $50,000 $50,000 $1 16,375 $113 ,273 $50 ,000 $50,000 $116,375 $1 13,27 3 201 9 2018 $184,316 $207 ,982 $25,000 $25,000 $25,000 $25,000 318 Appendix Page No. 225 715 218/2021 FULL LEGAL DESCRIPTION 25 54 40 .24 AC COCOPLUM TERR ADD PB 48-38 LOT 8 BLK3 LOT SIZE 77.000 X 137 OR 19939-0 78810/2001/20190-3888 SALES INFORMATION Property Search Application -Miami-Dade County Previous Sale Price OR Book-Page Qualification Description 09/18/2009 $100 27032-3432 Affiliated parties 10/01/2001 $140,000 Sales which are qualified 03/01/1998 $0 06/01/1997 $0 01/01/1991 $68,000 19939-0788 18099-01 00 17706-4794 14875-59 14 434-0143 13908-2219 Sales which are disqualified as a result of examination of the deed Sales which are disqualified as a result of examination of the deed Sales which are qualified 02/01/1990 $26,000 Sales which are qualified 11/01/1988 $0 Sales which are disqualified as a result of examination of !he deed For more information about th e Department of Revenue's Sales Qualification Codes. 2020 2019 2018 LAND INFORMATION L and Use GENERAL GENERAL Muni Zone RS--3 RS-3 BUILDING INFORMATION Building Number Sub Area <t, Current Bui lding Sketches Available! EXTRA FEATURES Description PA Zone 0800 -SGL FAM ILY -1701-1900 SQ 0800-SGL FAM ILY -1701-1900 SQ Year Built 1950 Actual Sq.Ft. 1,730 https://www.miamidade.gov/Apps/PA/propertysearchl#/ Unit Type Square Ft. Square Ft Living Sq.Ft. 1,230 Year Built Units 10,000.00 549.00 Adj Sq.Ft. 1.480 Units Previous Owner 1 JORGE L MILIAN Cale Value $260,000 $7 .1 37 Cale Value $103,008 Cale Value 418 Appendix Page No. 226 716 2/8/2021 Property Search App lication -Miami-Dade Co unty Chain-link Fence 4-5 ft high 1989 150 $1 ,080 ADDITIONAL INFORMATION • The info rmation listed below is nol derived from the Property Appraiser's Office records. It is provided fo r co nve nience and is derived from other government agencies . LAND USE AND RESTRICT IONS Community Dev elopment District: Community Redevelopme nt Are a: Empowerm ent Zone: En terp ri se Zon e: Urban Dev elopment : Zoning Cod e; Existing L a nd Use : NONE NONE NONE NONE INSIDE URBAN D EVELOPMENT BOU NDARY RS-3- 10-SINGLE-FA M ILY, MED.-DENSITY (2-5 DU/G R OSS AC RE). Government Agencies and Community Services OTHER GOVERNMENTAL JURISDICT IO NS Business Incentives Chil dre ns T rust City of South Miami Environmental Co nsiderations Flo ri da Inland Navigation District PA Bu lletin Board Special Tax ing Distri ct and Othe r Non-Ad valorem Assessment School Board So uth Florida Water Mgmt District Tax Coll ecto r The Office of the Property Appraise r is continually editing and updating the tax roll. Thi website may not reflect the most current information on record. The Property Appraiser and Miami-D ade County assumes no liability, see full disclaimer and User Agreement al http://www.miamidade.gov/info/disclaimer.asp For inquiries and suggestions email us at http://www.miamidade .gov/PAPortal/ContactForm/ContactFormMain.aspx. Version: 2.0 .3 EXEMPTIONS 6 BENEFITS https:/lwww.miamidade.gov/Apps/PNpropertysea rch/#/ 5/8 Appendix Page No. 227 717 2/8/202 1 Deployed Military Disability Exemptions Homestead Insti t utiona l Senlor Citizens REAL ESTATE 40 Yr Building Re-Certification Appealing Your Assessment Defective Drywall Folio Numbers Mortgage Fraud TANGIBLE PERSONAL PROPERTY Appealing your Assessment Assessment Information Search Exemptions Extens ion Requests Filing Returns https ://www.miamidade.gov/Apps/PA/propertysea rch/#/ Property Search Application -Miami-Dade County More> More> More> 6/8 Appendix Page No. 228 718 2/8/202 1 PUBLIC RECORDS Address Blocking Change of Name Change of Address Change of Ownership & Title Declaration of Condominium ONLINE TOOLS Property Search Property Sales Tax Estimator Tax Comparison Homestead Exemption and Portability TAX ROLL ADMINISTRATION Appealing your Assessment Reports https :f/www.rniamidade.gov/Apps/PAlpropertysearch/#I Property Search Application -Miami-Dad e County More> More> 7/8 Appendix Page No. 229 719 2/8/2021 Proper1y Search Application - M iami-Dade County More> https://www.miarnidade.gov/App s/PA/propertysearch/#/ 8/8 Appendix Page No. 230 720 CITY'S EXHIBIT - E I Summary Report NOCI NO . 21-00251 I Property Informati on Folio: 09-4025-012-0250 Property Address : 6601 SW62 CT South Miami, FL 33143-3312 Owner FELIPE TRONCOSO VERON ICA WA ISBERG Mailing Addres s 660 1 SW62 CT MIAMI, FL 33143 USA PA Primary Zone 0800 SGL FAMILY -1 701-1 900 SQ Primary Land Use 0101 RESIDENTIAL -SINGLE FA MI LY : 1 UNIT Beds / Ba t hs / Hal f 2/2/0 Floors 1 Living Units 1 Ac t ual Are a 2 ,16 1 Sq .Ft Liv ing Area 1,751 Sq .Ft Adjusted Area 1,870 Sq.Ft Lot Size 10 ,686 Sq .Ft Year Built Mu ltiple (See Building Info .) A.ssessment Information Year 2021 2020 2019 Land Va lue $320,580 $277 ,836 $256,464 Buildi ng Va lue $183 ,100 $185,269 $163,42 1 XF Va lue $33,266 $33,6 11 $33,95 7 Market Value $536,946 $496,716 $453,842 Assessed Value $386,426 $381,091 $349,278 Benefits Information Benefit Type 202 1 2020 20 19 Save Our Homes Assessment $150 ,520 $115,625 $104,564 Cap Reductio n Homestead Exemption $25,000 $25,000 $25,000 Second Homeste ad Exempt ion $2 5 ,000 $25,0 00 $25,000 Note: Not a ll benefits are appl ica bl e to all Taxa bl e Values (i.e . County, School Board , City, Regional). Short Lega l Description 25 54 40 .25 AC COCOPLUM TERR AD D PB 48-38 LOT 9 BLK 3 LOT S IZE 78.000 X 137 OR 17741-3789 0797 1 Generated On : 6/23/2021 Taxable Value Information I 202 11 20201 2019 County Exem pti on Val ue I $5 0 .00 0 1 $50.0001 $50 ,000 Ta xable Value I $336,4261 $331,0911 $299 ,278 School Board Exe mption Value I $25,00 01 $25 ,00 0 1 $25,000 Taxab le Va lue I $361 ,4261 $356,091 1 $324 ,2 78 City Exem ption Valu e I $5 0 ,000 1 $50,0001 $50 ,000 Taxabl e Value I $336 ,4261 $331 ,091 1 $299 ,278 Regional Exemption Va lu e I $5 o ,oooJ $50,ooo l $50 ,00 0 Taxable Val ue I $336 ,4261 $331 ,0911 $299,278 Sales Information Previ o us Price OR Book-Q ualification Desc ription Sa le Page 09/01/2017 $100 30686-0433 Corrective, tax or QCD; min consideration 04/03/2013 $197 ,000 28568-1358 Qual by exa m of deed 07/01/1997 $65 ,500 17741-3789 Sales which a re qualified ·'ie Office of the Property Apprai ser is continually ed iting and updating the tax ro ll. This website may not reflect the most current information on record . The Property Appraiser 1d Miami-Dade County assumes no liability, see full disc laimer and User Agreement at htt p://www.miamidade.gov/in fo/di sclaimer.asp Ve rsion: Appendix Page No. 231 721 Detail by Entity Name Deta il by Entity Name Florida Profit Corporation CONSOLIDATED RESEARCH AND PLANN ING CORPORATION Filing ln iormalion Document Number FEI/EIN Number Date Filed State Status Princloal AdrJress 6796 SW 62ND AVE SOUTH M IAMI, Fl 33143 Changed: 03/27/1998 Mailing Address 6796 SW 62ND AVE SOUTH MIAMI, FL 33143 Changed: 03/27/1998 P93000069170 65-0447613 10/05/1993 FL ACTIVE Registererl A □ent Name & Address MILLER, MICHAEL 6796 SW 62ND AVE SOUTH MIAMI , FL 33143 Name Changed : 03127/1998 Address Changed: 03/27/1998 Officer/Director Deta il Name & Address Title P M ILLER, MICHAEL 11923 SW 45TH ST MIAMI , FL TitleV MILLER, GRANT D I CITY'S EXH IBIT - F I I NOCI NO. 21 -00251 I . ,, ..... , http://search.sunbi z.o rg/1 nq ui ry/CorporationSearch/Search R esul tDetail?ingui ryt ype=Entity... 4/ I 6/2021 Appendix Page No. 232 722 Detail by Entity Name 6796 SW 62 AVE M IAMI, FL 33143 An n u?.I Rcoorls Report Year 2019 2020 2021 Oocumr,nt Images Fi led Date 04/05/2019 05/09/2020 04/11 /2021 Page 2 of 2 http://scarch.sunbiz.org/l nquiry/Cor porat ionSearch/ earchResu ltDetai l?i nquirytyp e=En t ity. .. 4/16/2021 Appendix Page No. 233 723 Detail by Entity ame I :.,. ·> ;. ~ !-.. ' .' . . . .... ,' ff' - r.:-·;. 1:.f<r:>,;·\::> M ~ Detail by Entity Name Florida Limited Liability Compa ny STU N NAS FIT L LC Fi l inn lniornrntion Document Number FEI/EIN Numb e r Date Filed State Status Last Event Ev ent Date Filed Principal Address 147 Alhambra Circle Suite 220 Coral Gables, FL 33 134 Changed: 01/08/2019 Mailinc1 Adclress 14 7 Alhambra Circle Suite 220 Coral Gables, FL 33 134 Changed: 01/08/2019 L16000208626 47-4647748 1 1114120 16 FL ACTIVE RE IN STATEMENT 01/08/2019 Re9islr,rccl Anent ~fame<'. Acldrcss RU IZ TAX A N D ACCOUNTI NG SERVICES, INC 147 Alhambra Circle Suite 220 Cora l Gables, FL 33 134 Name Changed: 01/08/2019 Address Changed : 01/08i2019 Aulhoriz1'd Person{s} Detail Name & Address Title MGR VARONA, GABR I EL G , S R I CITY'S EXHIBIT -G I NOCI NO. 21-00251 r ht I p:/ /sea re h .su n b i z .org/1 nq u iry /C orpora ti onSearch/Sea rch Rcsu lt Deta i l?inq ui ry type =Entity ... 4/ 16/202 J I I Appendix Page No. 234 724 Detail by Entity Name 5425 SW 77 CT APT 1060 MIAMI, FL 33155 Annu;,I R!'!ports Report Year 2018 2019 2020 Documc,11\ lrnaues Fifed Date 01/08/2019 01/08/2019 06/29/2020 09;:.-7;2,1)17 -~ ~i:H'IJSTAJEl,/!ENT J.i'l·:'.~_,_l~t'._ .:.._t ):"1'"!_,-;1.JJr_l).l_J::::·u~1·'!_~V ;~!:!._l __ \_'r~_v,.--_im_. •_~_e_ln_P_D_F_;o_m_i~-'-~ Page 2 of2 http://search.sunbiz.org/lnquiry/CorporationSearch.!SearchResultDetai l?inquirytype=Entity ... 4/16/2021 Appendix Page No. 235 725 20-1. 7 Comp liance . I CI TY'S EXHIBIT -H I I NOCI NO. 21-0025 1 I (A) Jurisdiction. No building, premises or structure shall be constructed, erected, modified, altered, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained or modified except in compliance with the provisions and procedures as set forth herein. (B) Movement or Placement of Structures. (1) No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained. (2) When moved from one lot to another, structures shall conform to all applicable district provisions. (C) Prior Approvals. The provisions of this Code shall not apply to any development which has received a valid development order prior to the effective date of this Code. Cr eated: 2021 -06•24 07;].S :0S [ESl] (Supp. No. 24) Page 1 of 1 Appendix Page No. 236 726 92.525 Verification of documents; perjury by false written declaration, penalty. I CIT Y'S EXHIBIT -J I I NOCI NO. 2 1-00251 I ( 1) If authorized or required by law, by ru l e of an administrative agency , or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner: (a) Under oath or affirmation taken or administered before an officer authorized under s. 92. 50 to administer oaths; (b) Under oa t h or affirmation taken or administered by an officer authorized under s. 117. 10 to administer oaths; or (c) By the signing of the written declaration prescribed in subsection (2). (2) A written declaration means the fo llowing statement : "Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true," followed by the signature of the person mak i ng the declaration, except when a verification on information or belief is permitted by law, in which case the words "to the best of my knowledge and belief" may be added. The written declaration shall be pri nted or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. (3) A person who knowingly makes a fa l se declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided ins. 775 .082 , s. 775.083 , ors. 775.084 . . (4) As used in this section: (a) The term "administrative agency" means any department or agency of the state or any county , municipality, special district, or other politica l subdivision. (b) The term "document" means any writing including, without l imitation, any form, application, claim, notice, tax return, inventory, affidavi t , pl eading, or paper. (c) The requirement that a doc ument be verified means that the document must be signed or executed by a pe rson and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect. History.-s.12, ch. 86-201; s. 1, ch. 2015-23. Appendix Page No. 237 727 994 So .2d 394 ,J.S.L. CONSTRUCTION COMP ANY, a Florida corporation, and Martin L. Espinosa, individually, Appellants, v. Eliyahu LEVY and Ramona Levy, Appellees . No. 3D07-2.831. District Court of Appeal of F l orida, Third District. · October 22, 2008 . [994 So.2d 395] Pepe & Nemire and Thomas F . Pepe, Coral Gables, for appellants. Atkinson, Diner, Stone, Mankuta & Pl oucha, Margaret Z. Villella, and David B. Mankuta, Ft. Lauderdale, for appellees. Before RAMIREZ, WELLS, and SALTER, JJ. WELLS, Judge. ,J.S.L. Construction Company and its president, Martin L. Espi nosa, (collectively J.S.L.), appeal from a final judgment discharging i ts Chapter 713 claim of lien; awarding damages of $50,974 to homeowners Eliyahu and Ramona Levy for J .S.L.'s purported breaches of warranty, and awarding J.S.L. $50,714 on its breach of contract claim against the Lev-ys. We agree with .J.S.L. on what amounts to th e company's two most significant claims, and o n that basis, reverse in part the order under review. In Dec ember of 1996, J .S.L. entered into a vvritten contract ·with the Levys pursuant to which J.S.L. was to construct th e "shel1" of a residence for $360,000, an amount later revised to $460,000. By agreement, non-shell work was to be performed by change orders for which J.S.L. was to be paid on a materials plus 5% overhead and profit basis. Th e contract also authorized the Levys to contract direct1y for work on the home and to make direct payments to subcontractors for work performed. Under the terms of the parties' agreement, J .S.L., among other things, was to receive $50,000 when the shell was completed. But by the time constructi on of th e shel1 neared completion, it b ecame appar ent that Lhe parties were not going to agree as to their remaini ng responsibilities, in significant part because of the Levys' [994 So.2d 396] direct payments to subcontractors.1 Despite these disagreements, on March 5, 1999, J.S.L. obtained a temporary certificate of occ u pancy so that the Levys I CITY'S EXHIBIT. J Appendix Page No. 238 728 could move into the home. However, J.S.L. continued to work on the home until May after which a final insp ection was performed. On July 8, 1999, J.S.L. recorded a claim of lien . In recognition of the Levys' entitlement to a credit for direct payments to subcontractors, J.S.L. noted in the lien that "there remains unpaid $184,839.00 minus tlrnt portion paid by Mr. and Mrs. Levy directly to subcontractors, the amount of which is unlmown."2 On August 18, 1999, the Levys filed a single count complaint to discharge J .S .L.'s lien claiming only that the amount claimed in the lien was "willfully exaggerated." J.S.L. counterclaimed seeking foreclosure of the lien and damages for breach of contract. On July 13, 2000, the Levys amended their complaint to discharge J.S.L.'s lien to add claims for breach of contract and warranty; personal injury to their child;3 slander of title; fraud; and negligence.4 The gist of several of these new claims was that J.S.L. had not completed all of the contracted work in a workmanlike manner and that the Levys were entit1ed to set offs against the amount claimed due to cure defects in J.S .L.'s work. In October of 2005, after literally years of continuances, this matter was finally set for trial. The uniform pretrial order issued by the trial court required the parties to file ex hibit and v-ritness lists, and instructed the parties that where experts were concerned, the parties were to provide all the information required by Florida Rule of Civil Procedure 1.28o(b)(4)(A). See Fla. R. Civ. P . 1.28o(b)(4)(A) (stating in part that "a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion"). The order also warned that exhibits not listed on a party's exhibit list would not be admitted at trial and failure to comply with the expert witness disclosure would result in preclusion of expert testimony. On January 5, 2006, some six plus years after construction of the Levys' home was completed and after two major hurric aness had hit the area, the Levys sent statutory notice to J.S.L. expressing their intent to make a claim that lightweight concret e was missing from the roof of their home . See § 558. 004, Fla. Stat. (2006 ). 6 [994 So.2d 397] The Levys also advised J .S.L. that their investigation was continuing: Mr. and Mrs . Levy are in the process of having the roof replaced on their home. The plan for the original roof as constructed by your client called for a I CITY'S EXHIBIT -J Appendix Page No. 239 729 lightweight concrete pour over the solid concrete. Tn the process of removing the old roof, it has just been discovered that the 1ightvveight concrete was not provided. Needless to say, this :is a latent defect which could not have been discovered but for the removal of the JSL installed roof. In accordance with F.S . 558.004, we are providing notice of this claim. The information, as set forth above, is the only information we have at this time. As our investigation continues, we will provide additional information as received .... This notice did not indicate that the roof had to be or was being replaced because of missing lightweight concrete or that there was any other shortcoming in J.S.L.'s work. On February 28, 2006, less than tw'o weeks before the scheduled trial week, the Levys filed a supplemental witness list naming Jon Watkins of Mi1Jenium Mal<eover , Inc. as a witness. This witness list was not only untimely but also failed to designate Watkins as an expert. It also did not indicate the nature of his testimony or otherwise comply with Rule 1.28o(b)(4)(A). On March 6, 2006, the first day of trial, the Levys sought leave to amend their complaint to add a claim for defects purportedly stemming from improper Jnsta11ation of a roof top railing. While J.S.L. anticipated an amendment based on the statutory notice it received regarding the missing lightweight concrete, it did not expect a claim about either additional defects or about replacement of the Levys' roof. Amendment was denied. Although amendment had been denied and the Levys had failed to comply 'A~th the court's pre-trial order regarding exhibit and vvitness lists, Jon Watkins, a witness listed for the first time on the Levys' late-filed supplemental witness list, was allowed to testify-over objection-that :in addition to the fact that lightweight concrete called for in the architectural plans had not been installed, the roof top railings at the Levy home had not been properly installed. The Levys were also allowed to introduce a document provided by Watkins showing the cost to replace the roof as $42,387. At the close of all evidence, the trial court found that J .S .L. had breached an implied warranty that the home would be fit for its intended purpose and awarded $50,947 in damages to the Levys on this claim, $42,387 of which represente d lhe cost ofreplacing the roof. The court also found thal a1thou gh ,J .S.L.'s lien was unenforceable on statutory grounds, it was entitled to recover $5 0 ,714 from the Levys which accordin g to the triaJ court was tbe difference between the $184,839 balance J.S.L. claimed was due under the contract and certain amounts paid directly by the Levys to subcontractors .? I CITY'S EXHIBIT -J Vanan Online Services, Inc. Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 File Name: 090721CityCommissionmeeting_Trim Number of Speakers: 15 speakers Length of file: 60:19 Audio Category List volume, accent, N/N speakers. Any Comments (e.g. times of recording not needing transcription, etc. e.g., off the record conversation) Verbatim: No Timecode: No Speaker ID: No Any Problems with Recording (e.g., background noise, static, etc. N/A Unusual Words or Terms: Must be completed (e.g., abbreviations, Company Names, Names of people or places, technical jargon People’s names was marked with [?] as I am not sure about the spelling Transcriber VIN: QA/QC VIN Comments 730 Vanan Online Services, Inc. 1 Mayor Phillips: We will call on you when it's your turn. Um, I want to start now with Arlene Ferris please. You may take your mask off when you're speaking if you like? Arlene Ferris: Thank you Mayor Phillips. Good evening everyone. Um, Arlene Ferris, 7510 Southwest 64th Court in South Miami, and I came tonight to speak about ordinance 17 in support of the city's position, regarding South Miami maintaining control through its land development code and perhaps other named codes over the property near the rapid transit zone and Miami County Commission has expressed an interest in expanding that rapid transit zone and um, so I believe our ordinance opposed to that and even that we maintain our zoning in the rapid transit zone. I feel that's very important. I am a believer in rapid transit and rapid transit zones, but I have been living in Miami for almost 50 years and the ocean is on one side, the everglade is on the other. We are not a very big city, you know, we can't endlessly cram people into here and if cities and the county don't take a stand on development, a realistic one, we are going to find ourselves in trouble some day and we have to look at recent weather events in other places to know that. It also regards our quality of life. I think despite what a lot of people think, we are not New York City, um, far from it, although it's a nice sister city for us in a lot of ways. A nice example for us in a lot of ways, but um... So those are my remarks on that. And in support of ordinance Q21 which is add a provision to the South Miami code requiring the use of bird safe design features. Um, I spoke to all of you today on the phone, which I appreciate having that opportunity and you all know the bird sanctuary which was declared in 1927, so I think it's safe to say, that for longer than any of us have been alive, our city has been declared a bird sanctuary. I didn't have the chance to go back through the records and see what provisions over all those years would come up regarding trees, birds, parks and various protections that have been offered, but in the age of high rises now, or medium rises, um, birds crashing into those buildings is a real problem. Um, I thought about it a lot today and I realized that it's not cardinals and blue jays or mocking birds that crash into those buildings, it's not great blue herons, its migrating birds. They often migrate at night, they migrate by the millions and they migrate from the northern US and Canada to Central America, Northern South American and Caribbean. Miami is a jumping off point for them before they cross the next big body of water 731 Vanan Online Services, Inc. 2 and these migratory birds, many of them are warblers and I sent all of you a picture of a warbler that had crashed into my Florida room window. They are about four and half inches long and the marvels of engineering fly as I say from Canada and Northern US, all the way to the Caribbean and Central America and they stop here for food and shelter and I know the crash into buildings, but as I read something today in preparing for this, we don't have a study on how many crash into buildings and you know, we can't quote something if it's just anecdotal. My one picture isn't going to help. But it's uh, I believe it's a real problem and I believe as a bird sanctuary, as human beings, for myself, as very much respecter of mother nature, I want to say a lover of mother nature, these are gifts, these birds are gifts to us, as humans. That's my belief and I believe that we should pledge to do all we can to maintain our quality of life and also to give other living things a chance to have their quality of life. And I guess the third thing is home of the Tropical Audubon Society of which I am a proud member and um, Tropical Audubon Society, it would be a shame, if we, um, didn't have a bird protection ordinance, as the home of this very well known, very active and influential, even in Tallahassee, you know, they have their lobbyists in Tallahassee who speak to protecting nature. So that concludes my remarks, thank you very much. Mayor Phillips: Thank you Male: Thank you. Mayor Phillips: Jennifer Hernandez. Jennifer Hernandez: Hello, good evening. My name is Jennifer Hernandez, I am the public librarian right next store and I am here to say that I support item number eight, public showers for homeless individuals in the area. Um, in the timeframe of five months that I have been working at the library, I have witnessed a great need for this service. Um, various members of the community have asked me directions to access showers that's nearly an hour and a half away. So, they do not have a place to shower at the moment and these are regular patrons that are 732 Vanan Online Services, Inc. 3 within the community on a regular basis. I really feel that this ordinance could change many lives and make a great difference. Thank you. Mayor Phillips: Thank you. Lisa Bonich. Lisa Bonich: Good evening, my name is Lisa Bonich, I'm here to speak on items eight and 19 and 21. Number eight which is the homeless showers, I think many of us, at least who are residents have seen the changes in our downtown area. I don't know, I've been a resident here for years, so it's been incremental, but it's been worsening. Our homeless population which I shouldn't say ours, it's the homeless population, the homeless population here has been spreading. I've been at the gym when they've come in, terrified a dozen women doing exercise, screaming at us, asking for coffee, it was crazy. I've gone down and around the parking lot where I've had to step over urine, feces, all kinds of interesting things, discarded clothing, it's not okay. I've been in a restaurant where a homeless person has been spitting, spitting at us. So you can imagine that I'm not a proponent for showers for the homeless. We are a small neighborhood, we are a family neighborhood. I would image that we would want our children to keep going to the library, of course we want us to be able to feel safe coming here and one of the things that I just mentioned, and I am simply one person, the things that I've encountered here and I would say it's been the last three years, that's not okay. While we tend to be an inclusive neighborhood, I think we need to have common sense when it comes to how we treat our areas, this does not reek of common sense. You need to support us first, us, your residents, your taxpayers, and then work out from there. For number 19 I've been very vocal about this. I don't know the owner of Stunnas, I don't think I've ever met him. I drive by his place all the time. For whatever reason, there has been a vendetta of some sort going on with this gentleman and his business. It's been ruthless, it's endless. When one thing doesn't work, you try another and I have no idea to what end people who live behind there bought their properties knowing it butting up to a commercial area. I'm not sure what the end game here is, other than ruining this man's livelihood. I don't get it, it doesn't make sense and you all should be ashamed of yourselves. Everybody who is taking a part of this should be ashamed of themselves. It's wrong. It goes against what we should all be 733 Vanan Online Services, Inc. 4 standing for here, and I think if you look in your heart, if you look at common sense, if you look at the wallet of the city, that gets taxes from that gentleman's business, show me where there is an up side, I don't think I see one. I think maybe our friends who live behind there, you know, whatever it is, need to realize that there is more to life than just money. For item 21, the bird safe design, I don't understand to what end this is going. I get trying to help birds, but at the expense of homeowners trying to put windows in their homes, it doesn't make sense. We are trying to emulate, if I'm not mistaken it was San Francisco and one other city in the US, I don't think that's the city to emulate, I think we need to look at common sense for our residents. What should we be doing, what can we be doing. I mean my neighbor next door spent an extra $70,000 putting solar panels and now we are going to say hey, on top of spending all that money for solar panels, now we want to talk to you about bird safe stuff too. I seem to recall a couple of months ago we gave $5000 to a bird sanctuary, that was our money, that was not your money, that was our money. And now on top of that you want to say, hey homeowners spend more money on something. I think we have lost sight of what our job is. Our job is to be fiscally responsible, answer to our residents and do things that have common sense, not personal interest, common sense. Thank you. Mayor Phillips: Thank you. Levy Kelly. Levy Kelly: Good afternoon, good to see everybody. Uh, I have some good news for those, we are going to be having a tree lightening ceremony again this year and uh, more news of the location and so forth where it's going to happen. It's going to be in the proximity of where it was before. Uh, that date, you can save that date is December 17, 6:30 and I will make sure that each of you have the information we need. I will be meeting with the special events person we have from the city to iron out any and all requests and things that we have to do on our end. This is coming from the [indiscernible] [00:12:06] Cultural Affairs Foundation. On another note I have a few items that I would like to discuss in terms of one is the impact, I understand that there is a move a foot, to the properties next to Mount Nevil church. I 734 Vanan Online Services, Inc. 5 understand they are privately owned. But it's also an issue that continues to dwindle away at community at large [indiscernible] [00:12:39]. Uh, that's a green space that you're no longer probably going to have because the developers that own it are probably going to want to develop and put something there. We are continuing to drill them down for the areas in which we have community and have some type of space to actually have, that our kids and so forth play within the immediate community instead of having to go to the community center. Uh, another impact of what it could potentially is going to happen there is that with the development of that site, it's going to impact the parking for the church, especially two churches right there Reverend Jone's church which is there and also Mount Nevil. There would be little to no parking for them to attend church services. And I think I probably screamed louder than anyone early one in terms of putting a bicycle lane there which is used very little and it's a major impact on the community itself. I think that we are seeing a gradual squeezing and tightening of that community and there is little or no emphasis to address those problems as I see fit. We have major problems with the customs traffic, speeders come through now, instead of waiting to come down 64 [indiscernible] [00:14:25 ] probably perhaps because of the bicycle lane they are coming through and they are cutting down a couple of streets over and speeding through any neighborhood that they can find a free lane to come through. Uh, and I think at some point it's going to a tragic situation, it's going to end. I understand the 64 th street is county property, but we as a city, as a community have to address that issue. Um, as it stands right now, I think that we lucked again, there is no crosswalk that's come from 6th Avenue to 64. We got two residents that's within 200 yards of either side of that street in wheelchairs and they can't get across the street during that type of heavy traffic. So we really need to buckle down a little bit and if we have to push the county to do something, then we need to push. I know, I have had some conversations with the manager, she is willing to do whatever. I've had a quick conversation with the commissioner's aide and supposed to get back to me. I haven't heard anything back from that, but I think that's something, but maybe you guys need to take on and see what we can do to make it happen. 735 Vanan Online Services, Inc. 6 And the other thing I just want to give kudos to the city, the community active agency and other organizations that helped out a couple of weeks' ago in terms doing a not only a farm share, but initiate to get some people vaccinated. And that effort I think there was over 30 people. Mayor Phillips: You're up time, sir. Levy Kelly: That were vaccinated, so thank you. Mayor Phillips: Thank you very much. Um, Manuel Alonso. Manuel Alonso: Good evening, my name is Manuel Alonso. I'm a taxpayer, resident, commercial property owner and business owner in the city of South Miami and I'm going to discuss three items on the agenda tonight. Uh, item number eight, uh, homeless bathing/showering, love. Um, I'm all for giving people a hand up, but I'm also certain that a number of the, you know, citizens of the city of South Miami and business owners would be against this item. A mobile showering bus, 24 times a year in the middle of our city is irresponsible. Um, I think we should remove this item and rethink of it. Maybe, Mr. Corey, I will gladly work with you, maybe we can have a business entire, kind of a drive, um, we can donate to the homeless shelters. Maybe we can do it at my rescue mission, [indiscernible] [00:17:23]. There is tons of them all over the city. Um, I'll help you and I'll even help make donations. Um, I'm sure you could team up with a local high school, maybe a fraternity at the University of Miami, uh or sorority at University of Miami, FIU, they are always looking at countless number of service hours and I'm sure that we could put a good drive there. I'm not trying to be insensitive to the homeless, but I personally don't want to drive up to a homeless area in our city. We really don't need that. I have a huge problem right now, my office is directly across the street and some of my employees park in that public space and they are constantly not only verbally harassed, but sexually harassed and I'm sure you can ask some of the police officers here that we have had to get them involved multiple times. So, I don't think that's the best use of, uh, of I guess our money, our time and our services. So, for me, uh, and uh, probably many of the people here, uh, no to homeless bathing in the city of South Miami. 736 Vanan Online Services, Inc. 7 Number 19. Outside business activities. This is [indiscernible] [00:18:30] item. This is tough. This is a freaking witch hunt. Total witch hunt by Mr. Pepe [?], some of this commission and the crony friends. Um, it's said that you are trying to manipulate the city code to restrict a thriving business, even try to close it. Uh, so much time and money has been wasted on this item. I'm sure the legal fees have gone through the roof. I'm sure you can discuss it, but I would love to find out from the city managers as to how much money we've already spent on this item alone. Um, I don't know if any of you are willing to put your pockets or your cheque books, uh, to kind of cover that cost, I doubt it, but you need to stop this nonsense at the end of the day. We should focus on things that produce revenue for the city, rather than cost revenue. Uh, so stop pacifying your friends and throwing away money on this item. So leave, Stunnas alone. [Clapping]. A lot of community members are in favor of Mr.Stunnas. Mayor Phillip: If there is more of that clapping I will ask those people who are clapping to leave. Manuel Alonso: You are interrupting ma'am this is my time. Mayor Phillips: Excuse me sir. It's not your time. Manuel Alonso: Item #21. Mayor Phillips: Excuse me. I will ask you to leave if you don't listen to me. Any more outbreak like that from the audience I will have to ask you people who are clapping to leave. Manuel Alonso: I would like my 30 seconds back ma'am. Mayor Phillips: You had them at the beginning before we started the timer. Manuel Alonso: Thank you ma'am. Thank God you aren't going to be here 2022. Item #21, safe windows for birds. Um, you've got to be kidding. I've worked on a sixth floor, uh, in a building 737 Vanan Online Services, Inc. 8 with floor to ceiling windows for the past 20+ years. I have never ever had a bird fly into my window, nor either at work or at home. Um, I've gone as far to ask different friends and neighbors if they have ever had this occur to them and they all laughed at me. Um, I'm sure that it happens every so often, just as you know, an accident happens, uh, but you can't try to continue to mandate building codes in the city. The county doesn't even adopt this measure. This and other mandates only inflate the costs of citizens, just as one of the citizens earlier talked about the solar item. My neighbor paid over $70,000 to have solar which was just a waste of money at the end of the day. This pushes away people who are trying to build here, developers. We want to improve our city. We want more taxpayers. Uh, we want to beautify our city. So, stop the nonsense, get back to working things that will improve our city and improve our safety and reduce our taxes. You know I've never been on to get involve with politics, uh, but I've been watching this circus, you call a commission for several months now. Stop, the coronarism, stop peeing on our leg and telling us its raining. You need to get back to doing what you were elected to do, representing all, not some. Thank you for your time. Mayor Phillips: Thank you. Um, I now have Jerry Proctor. Jerry Proctor: Good evening, ma'am mayor, members of the commission. Jerry Proctor, attorney, 7600 Red Road, here is support of item 20 which was heard three weeks ago on first reading. Um, I am hear to answer questions when the item comes up if there are any. The item has been amended, to reflect the will of the majority of the commission and we have no objections to those amendments. Um, I would also add that we also have no objections to item 24 which is the fee schedule which would accompany this item, if it is approved. Um, my client Orcus Wenta [?] is here with me and we will available for questions when the item comes up. Thank you. Mayor Phillips: Thank you. Um, Marcus Quinta [?] no? Okay. Um, Joyce Price. Dr. Joyce Price: Good afternoon mayor and commissioners and to the general audience. It is my pleasure to report to you the success of our COVID vaccine [indiscernible] [00:23:03] that we 738 Vanan Online Services, Inc. 9 had a couple of week's ago. It was a great success. We were able to vaccinate many of our residents who would not have gotten vaccinations if that had not been brought to the area that they could access. So again I want to thank the city for allowing the Community Action Agency and South Miami Black Cultural Affairs Foundation, commissioner [indiscernible] [00:23:29] and um, the Parks and Recreation Department for accommodation of bringing uh, that part of the COVID vaccine project to our area. Along with information for the people in that area. For Community Action Agency and the library and other organizations that were there. It was a very good success and I thank everyone who was involved in it. More especially our elected officials who were there and took part in the process. So, again thank you. But my reason for being here tonight, is to talk on item 16 which involves changing the zoning regulations for the properties of along 64th Street, both at 60th Avenue, 60 Court and the one directly on 64th Street, uh in front of Mount Nevil Missionary Baptist Church. That zoning was put in place to help with the situations of the building that we have progressed through with the Madison Square project and other projects that the community development, through the county were doing and will be doing with the project that is coming on with the South Miami gardens. If that zoning takes place and change, then there are four churches that will not have any parking for any of their constituents to access and therefore even when we have funerals or special events in the area, there will be no place that we can access to have things we need in our community. We are being economically identified for doing, for having anything to do in our community. There is no green space available, other than going on the park, and we want to make things that are comfortable for the constituents of the area of 64th Street and the surrounding community. So, I plead and ask that each of you consider that the reason why we have that space, donated to us by the county was to keep in progress of our churches, the stores and businesses that are coming along on 64th Street with the Madison Square and also with the new project that is going to be done, the Miami gardens. There will be businesses and they will need parking facilities and to be able to access those places because we plan to have that a prosperous project. So, with that I plead with you, do not let them change the zoning for the simple reason that it is a needed and viable usage place for future growth of our community. Thank you. 739 Vanan Online Services, Inc. 10 Mayor Phillips: Thank you. Uh, William Ryan. [Indiscernible] [00:26:41 I'm sorry. No, William [indiscernible] [00:26:45]. Okay, Jeanne Albaugh? Sorry about the pronunciation. Jeanne Albaugh: Good evening, mayor and commissioners. Thank you so much for having number 8 on the ballot. My name is Jeanne Albaugh and I'm the CEO and founder of Showering Love. We provide mobile showers with wrap around health services for being who are experiencing homelessness. Everyone deserves a shower. We start on the outside, we cleaned them up on the outside, we give them new clothes, shower, we feed them, get them haircuts and we build their self-esteem. We connect them with jobs, with medical services, we get them healthy. Our number one concern is health and welfare. I was homeless for 10 years. Many of the comments I heard today is what I heard on the streets. A lot of people had given up on me too, but one day I woke up and with support like Showering Love, I was able to find my way home. We hire many people like myself. I wasn't always homeless. I didn't say in the fifth grade, I'm going to be homeless, but something happened, and a tragedy happened and my life spiralled out of control until I became homeless. And how could I be hopeful of finding a job when I weeks' worth of dirt on my fingernails, my hair was greasy and most people didn't want me around, not in my neighborhood. Not here. If not here, where. It all starts with us. Showering Love is fully self-contained. We pull up, we open up and we welcome up the guest. We help clean them up, give them new clothes and help them become productive members of society, just as I am today. I believe everybody needs a hand up. We are not a hand out. Everybody deserves dignity in the form of a shower. Showering Love is willing to uh, financially cover the cost to bring the bus, um, twice a month. I could tell you I've been doing this for four years, I do not have an officer that comes with me. I've never had that kind of problem. One because they know I'm one of them and they know I understand. We've never had a problem ever. I've never had to call the police. I work with many many, um, um, police stations, you know, because they work and they call me to bring me in and I think if we start treating them differently, we start, we also train them, you know, um, on how to ask for what they need and we treat them with dignity and we treat like humans because they are. They are our brothers and sisters that have went through a tragedy. We get them COVID shots, we get them, we try to get them all the help we can. So we can help them get back on their 740 Vanan Online Services, Inc. 11 feet and we've been quite successful in doing that. We don't leave a mess. They don't leave a mess. We won't even know we are here. But we are here not only for them but it is a problem for the city as a whole. Hepatitis B is back in full flight. That is a problem for the community, not just them. And it's not them and us, it's all of us. So I hope that this passes. I hope that we can give it a try. Showering Love is willing to come for five months, twice a month for five months, at our expense, let's see how it works. Let's see how it goes. Let's give them an opportunity and maybe we will give them hope of a brighter tomorrow and maybe they will make their way home like I did. Thank you. Mayor Phillips: Thank you. Simon Ferro. Simon Ferro: Good evening, madam mayor and members of the board. My name is Simon Ferro of 2525 [indiscernible] [00:31:54] Boulevard. I'm here to speak on item 16. Uh, I represent the owner of the four lots that are located on 64th Street, uh, and west of 60th Avenue, which is basically a subject matter of item 16. Um, I understand the objections by the two speakers, who I respect. Uh, but I want to give some context and history to this, so that you can understand why this is a good ordinance to adopt. Uh, these four properties have been vacate for many many years. Uh, in 19, 2008, they were sold in a tax fee to a private individual who we bought from a couple of months ago. So these four lots, uh, are not owned by the public, they are not owned by the city, they are not owned by a nonprofit, they are owned by a private company and we bought from a private company. The ordinance that we are seeking to amend was adopted in 1997 as a way to help a number of community service providers in the area. And basically what this overlay did was it said if you were one of these churches or synagogues and you owned one of these properties by right, even though the underlying zoning is RS4, by right we will allow you to do a number of things, we won't allow other people to do. Such as for example, a church, temple or synagogue, a community residential home, daycare centers, single family homes and a couple of other things, by special approval they could actually enlarge the community residential homes, they could do counselling services, funeral homes and a number of things that a community service provider might need to do. Unfortunately, these properties do not belong to a community service provider. Uh, again they were lost in a tax fee in 2008. They were bought by 741 Vanan Online Services, Inc. 12 a private company, that we bought from a couple of months ago. Uh, the intentions were good in 1997, I note this overlay because it was to help these community service providers, but I believe there was a mistake. It said you can only do single family home if you are one of these providers which doesn't make much sense. I can understand a community service provider, uh, can do things like, residential home, daycare center, that's what they do, but a single family home is not necessarily a service done by one of these providers. So, when my client bought the properties we talked to the city, and said look, we need to develop these properties. The only way we can do it, is by tweaking the ordinance to allow a private company to develop a single family home. Uh, we don't want to do what a community service provider does, that's not our job. But a single family home, should be able to be developed by anybody, not just a community service provider. So that's why we are here and that's why number 16 is before you today on second reading. This went before the community, uh, the planning and zoning board in July, it was approved anonymously. It came before you a month ago, it was again approved anonymously. Uh, these properties are not parking areas, uh, they are private property. I don't believe they have a uh, a significant use for a parking facility, uh, they are owned by a private company, a private individuals, they are not part of a parking network for a community service provider. Uh, so that's why that item is before you today. I'm happy to talk on the item again when it comes up, but I wanted to give you some context and some history, so that you c an understand that these properties, um, if they are not developed by this provider, or by this owner, are just going to sit there and not be developed at all. I don't think it helps the city, it certainly doesn't help the area which needs more dwelling units and again, it has been owned by a private company or individual since 2008, more than 13 years ago. Uh, this is a time when my client bought the property, we want to do what it right and what is right the only thing we can do under the overlay which is a single family home and that's why tweaking it to allow the only tweak before you today is that for a single family dwelling, not only can a service provider develop it but also... Mayor Phillips: You're at time. Simon Ferro: A private individual. So I wanted to give you that context and that history so that you can understand, uh, the reason why the item is before you today. Thank you very much. 742 Vanan Online Services, Inc. 13 Mayor Phillips: Thank you. Simon Ferro: I will be happy to answer questions to answer questions when t he item comes up. Thank you. Mayor Phillips: Thank you very much. I don't who calls himself or herself, Faith Tabernacle Church, um, is than an individual who is going to? Okay. Antoinette Fischer, your next. Antoinette Fischer: Good evening mayor and commission and all my fellow residents and staff. Thank you for being here. So many people tonight, that's really nice to see a lot of people in here for me. Um, I just want to say that first of all there are so me ordinances that I'm going to stay for and I'm going to address those ordinances with the use of public hearings. But for number 16 I want to make some comments because Dr. Price is here. Dr. Price is very dear to me. I've known here for quite a long time and she has been part of the community for many decades and she knows the community and she knows the community's needs. And I support Dr. Price. Uh, something has to be done. If you are going to vote, if you are going to vote yes on this particular ordinance, then something has to be done, to relieve and mitigate the problem that will be created, uh, by eliminating parking for all those church goers. We all know that the church is very central, uh, to many of the lives of the people in the Marshall Williamson Community and it seems like I'm hearing that is an issue. Um, however, it's resolved, please bear in mind that we've got to support the people of the community. Uh, and also I have to say related to this, Dr. Price's concern with greenspace, for an open space for the community, um, I've been saying this for a zillion years, that I really really want this commission or maybe a commission in the future, somebody please for the Marshall Williamson site be made a historical park, open to the public, as a park space. We need more park space. We are going to have South Miami Gardens, which is going to be very very high density. Going from the fairly low density that it is now, to 400 something apartments is like a huge leap and all of those people need real world concurrency services. 743 Vanan Online Services, Inc. 14 Um, I'm very aware because I have two neighbors who are doctors at South Miami Hospital, I just talked to one of them today and he is taking care of babies with COVID. The kind of pressure on our health care professionals is unbelievable. I asked her if its true that the hospital is filled up and she said oh yes, oh yes. It's like they hardly have time to take care of their laundry and their personal needs at home. They are just working in tandem, constantly workin g and you know, my hat is off to them, they have my greatest admiration and respect. And um, I just know, sorry I got side tracked a little bit, but hospital, this has been on my mind, our health care services that we can provide for the community, if we keep having thousands of people move here, we don't have hospital space for them. Our doctors are pretty well booked up. I happen to know that because of personal experience, they are booked up. Our doctors are, they have quite a workload here. We only have so many offices, and so much room for offices here. I don't think it's funny commissioner Ledman [?], would you be slightly respectful for a change. I have something to say about this too and this is, I'm going to end with this... Male Speaker: I'm sorry, a point of order, Mr. city attorney. Antoinette Fischer: I am speaking [indiscernible] [00:41:12] my time. [Indiscernible] [00:41:16] and I'm not going to allow it. Male Speaker: It's the mayor's responsibility. Antoinette Fischer: We have a mayor here, who is in charge, not you. Mayor Phillips: Antoinette, could you please return to what it is you need to say. You've got two more minutes. Antoinette Fischer: Okay. It's about the branding of the city, that's what I wanted to say. We have all these lovely signs going up, all over the city and there is nothing said about the city being a bird sanctuary or an animal sanctuary which it is and I think a lot of people who are 744 Vanan Online Services, Inc. 15 coming to speak, possibly this evening, are not even aware this is a bird sanctuary and it's also a wildlife sanctuary, designated as a bird sanctuary in the year 1927. So we are going on a 100 years for that. The same year that the city was incorporated and people need to understand what the whole purpose and meaning of a sanctuary, a sanctuary offers safe haven, a sanctuary offers a place where wildlife and birds will not be harmed. Not only be harmed, but nurtured and protected. This has great meaning to some of us and we would like to see these issues to be fulfilled, these needs to be fulfilled and for this to have some real meaning, not just words on paper. Bird sanctuary, what does it mean for us, just sometimes someone comes up to brag about it and its not really translated to our real life experience here and the branding of the city. Mayor Phillips: You only have about 30 seconds. Antoinette Fischer: Um, Mayor Phillips, I'm going to defer whatever is left of my seconds out of respect to you and your time. Thank you. Mayor Phillips: Um, Gabriel Varona. Gabriel Varona: Good afternoon. Um, I want to say thank you to those two people who I don't know, who spoke nicely on my behalf. I'm not here to waste anyone's time. I'm not also here to try to push for something not to be pushed because you guys have done what you wanted to with me anyways. Obviously, Thomas [indiscernible] [00:43:42] is a genius, not really but he tries to be and he sugar coats everything it does and it only primarily affects my business and everyone else pretty much ignores it and brushes it off. If it's not changing nobody ordinance, I've been around for 30 years, they have changed this, they have changed that, it will only affect me. I'm already in the hole where I've got to pay $10,000 in fines to this beautiful South Miami city. So good for you. I'm not here to convince you guys what not to push, but at some point you guys have to open your eyes. You guys are, I've said it before, you guys have been harassing me for the last three and half years on what you guys granted me to be here. [Indiscernible] [00:44:22] my lease in up in three years, you guys will have to do much work. I won't reside back here. I won't resign my lease and I won't be in South Miami, I promise you because it's a shit show. 745 Vanan Online Services, Inc. 16 What you guys have running here is I've never even seen this. No mayor, no city, no commission has seen this. You guys run this like a circus and I'm not saying this to anyone in particular, I'm saying prior commissioners, the city attorney, the town, who you guys have harassed me every which way and it's not going to go away. So I appreciate all the people who come up on my behalf and step up and help me out and vote for me and all this. It doesn't matter because you guys have already made your decisions for the most part, at least he d id and whatever, it is what it is. So, just know that people are opening their eyes and the more, the more people see it and eventually you guys won't be there and there will be a new party and there will things. You guys are so powerful in this very small little city and this is the highlight of most of your lives and that's why we are here because he has made it, Mr. Bob Walsh [?], rest in peace, [indiscernible] [00:45:32] passed the torch to him and he decided to take it to the grave for me because of three stupid residents that do nothing for this city. But, it doesn't really matter, I just want to let you guys know I don't lose sleep over it anymore, I really don't and know that I've paid off my investment, guess what I've got more money to give the city and that's what I'm here to say. At the end of the day, no decisions will be made, nothing will change because I'm here and I'm a nice guy and I've got people who care for me, it doesn't matter because you've got corrupted people running the city at the end of the day and I hope you guys have a beautiful night. Mayor Phillips: Thank you. Clapping. Mayor Phillips: I see two hands. Alright, would you all leave now? Would you all leave now, all of you who were clapping, please leave now? Do you want me to ask the police people to ask you to leave? Ask you to leave please, ladies that were clapping, please leave. More clapping. Mayor Phillips: Please leave. Please leave. Please leave. 746 Vanan Online Services, Inc. 17 Female speaker: You should listen. [Overlapping] Mayor Phillips: Please leave. [Indiscernible] [00:46:38] Mayor Phillips: Alright. I see Bradley Cassel, you have your hand, would you unmute yourself. Bradley Cassel: Good evening, mayor, commission, city manager, all the department heads that are here tonight. Thank you again for honoring me at the last commission meeting, it really meant something significant to me and my family and again thank you. I'm going to try and keep this to three minutes because I think that this meeting, kind of bears out the fact that you need to keep public comment to three minutes. Um, and that's all I'll speak to that resolutio n. Um, excuse me, the mobile showering bus for the homeless. Homelessness is a bit problem in this country. First of all, I don't believe the library is the proper place to place a bus like that. Second of all, okay, I went on their website. Right now they have four venues. All of those venues are faith based venues. I think they need to tie with one of our faith based operations and try to carry the showering bus through them. It's going to take employees, it's going to take city time, who's going to be there when the bus shows up 30 minutes late. Is the city manager going to run out there and tell everybody to just wait, to calm down. Uh, it needs to be studied. Okay. I am leaning for it, but I'm not in that place and it needs more discussion. The other reason I'm here, okay, is item number 18, the pension ordinance modifications. These modifications that began I think in 2016 when we brought back in our managers, who all of a sudden thought that the city was going to go, move ahead and wanted to be part of the city and and asked for a pension commensurate with what they would have received with the FRS. We, by making these changes, okay and we go further than the FRS, we have already gone further 747 Vanan Online Services, Inc. 18 than the FRS, okay, in our cost of living that we give our retirees. What this does is increasing the 10 years, the vesting period for I think it's seven years right now, um, it let's see, it changes the retirement date for our AMSC members. Uh, if you look at the impact statement, what you don't see if, yes there is a cost, for the first number of years, but then in later years it goes to a negative cost, it becomes self-sustaining. [Indiscernible] [00:49:53] I think it's a great addition to pension ordinance. What you are trying to do by making these changes, is you're trying to turn to the general employes that are working here today, hey you have something to strive for. If you do your job, if you gain the knowledge, you can become a department head and you have done your five or ten years as a tier one, okay, but now you can go for another five or ten years, or more, okay in management. It adds an incentive to have this kind of retirement system for our employees. Um, if you have any questions now is the time to ask, by the time this comes up I will have been asleep for an hour. Thank you very much. Mayor Phillips: Thank you. Um, Dick Ortega I see your hand. Please unmute yourself. Dick Ortega: Good evening, my name is Dick Ortega. Um, calling, I dialed in because I wanted to speak on three issues. Um, in the way of background, I think it's important to note, that the city right next store to us, in the last 20 years what they have been able to accomplish is amazing. They built a great mall to attract families, they have remodeled [indiscernible] [00:50:54], added new buildings, added great amenities, they have attracted some of the best of Cross Fit and types of boot camp gyms, they have brand new gyms that are being built and their amenities. And what we have been able to accomplish has been completely the opposite. I mean, Sunset Place, is an embarrassment. I mean, the place, the one gym that we have now, I guess would be west of US 1, you guys are going out of your way to shut it down. Um, the amenities in this city continuing to decrease and it seems like the [indiscernible] [00:51:29] is being spent on all the wrong items. I personally go to Status Fit, I been at Status Fit at 9 o'clock in the morning. We were still stretching with no music on and the cop came in saying that the neighbors called them, we were flipping tires and making noises. I have been there, and experienced the actual harassment that have been going on now for years and it's embarrassing in light of what you should be trying to accomplish for the city, um it's embarrassing that you are wasting your time 748 Vanan Online Services, Inc. 19 and energy on taping a local business owner and I would like to point out that business owner and without anybody's request, after hurricanes and bad events, he has raised food and the members put together food and items and went and donated it to a low income community. I have seen that myself and I have seen the members there, they are people that he pays off his staff, go and do good for our community. Those are the people that you are trying to hurt, with going out of your way to and put these rules. Instead would be wanted. You have a complete desolate piece of land with absolutely nothing on it, you get good neighbors, you get good people driving there. Um, this bird sanctuary situation, it's absurd that we are supposed to, you know, harm our residents and our tax, and our income and our ability to build a good community that welcomes and attracts people for birds. There are buildings that are all around us that are significantly taller. I guess if we are expecting, and we are going to create the highway for birds, [indiscernible] [00:53:06] we are the highway for birds, right? This is the most absurd thing, that again, a window you are trying to put a requirement that's going to have people spend their own money to at a higher cost to fix when they have to repair houses. I mean, you really have to apply from common sense to the rules you apply. The last item that I think I need to discuss is with respect to the homeless. I do think, you know, that as members of the community, we should attempt to give back. I don't think that the government needs to be forcing that down our throats. Like I said Status Fit, he does give back. We are one of the few communities that have an actual low income community design and we have a lot of low income housing in our community. We don't need to welcome and create an environment where homeless attracted. Should we develop, you know, food drives is a way to to promote and get the community involved in giving back, yes, but forcing and bringing an environment where it attracts homeless people, is a bad idea. Particularly next to a library. I lived in Washington DC, I'm not sure how many other people here, have lived outside of the city, but the more it becomes a self-filling prophecy. The more you do for homeless people, the more you attract homeless people and the more you will be surrounded by homeless people and then crimes start to increase and I understand the CEO, the lady said that yeah, she doesn't get 749 Vanan Online Services, Inc. 20 attacked or she doesn't get harassed by them, congratulations to her but guess what at the end of the day, she closes her bus and she goes home. And to us, the residents that live in this community are the ones that have to deal with those people sleeping in our community at night. This is not right, much less next to a library and hopefully that was under five minutes. Mayor Phillips: Thank you very much. Is there anybody else in the room that would like to speak? [Indiscernible] [00:55:13] Mayor Phillips: Okay. I, I was just going to ask that. Alright, Janet, Matthew, [indiscernible] [00:55:15]? That's what it says on your name. Alexander Boarsh: Yeah, sorry, it's under my wife's name, essentially. My name is Alexander Boarsh and I live in South Miami and I'm here against the ordinance number 19. I'm not going to say again what most people have already said, I'm actually disappointed I just want to say that, that my tax dollars are being used to harass this decent soul over and over and over, it's I mean it feels like a [indiscernible] [00:55:56] I just don't get it. I don't get it. So just for the record I'm going to be under one minute, I'm against number 19. Thank you. Mayor Phillips: Thank you. Alright. I think there was somebody else, ma'am do you want to come up now and sign later. Pastor Betty Bradley: I want to be sure, I just think that we allow... Mayor Phillips: Can you tell us your name? Pastor Betty Bradley: I'm Pastor Betty Bradley and I'm the pastor of Tabernacle Church there on 64th Street that seems to be one of the items that um, Mother Price has talked about, the other young lady and another gentleman. Um, the earlier part of this year, we discovered that there was a bike trail route that was there and this was a spot that we always, for me for 40 years, 750 Vanan Online Services, Inc. 21 we've always been able to park cars. It was brought to our attention because now it is a bike trail, that we can't park there because it's a liability and we do understand that. But to us it was like well there was no warning, we had no idea that this was going to happen. We came to church one Sunday morning, of course with pandemic, a lot of churches are not close, I mean open in the area. So when we came to service one Sunday morning, there is now we have a bike trail, we cannot park our cars. I'm not looking to get a ticket from the police department, although I had a talk with some of the people from South Miami and they told us you know what, if you let us know in advance we will make some exceptions to the rule, but it's not something we can do every time we turn around, maybe every now and then if there is a funeral or something that is going on they will put a little leeway and we will make available parking for you. But that doesn't help me as a pastor when I have members that want to come to church and cannot find a parking, a spot to park their cars. I mean, for some reason, our church has been in that same location for 95 years. We've always been designated to park across the street or the parking lot on the side. Now, there is nothing there, so there is no parking and I understand the young man who is talking about back in the year 2008, there is a private owner now that has the... Every time you turn around it's always money, money, money and we want to build something. But what about the house of God. The house of God is still there. People need somewhere to go. We want to build things but there is a scripture, what does it profit a man? To gain the whole world and lose it's soul for the might dollar. And the church cannot open it's doors because you don't have a parking space. There needs to be, for me, some consideration for the churches and it's not just my church. The church, Mother Price goes to, they are having the same thing. They have no parking spot to park their cars. Nobody want to give a lot. Nobody wants to park. You don't want people to come to church, but you say this is our community. Where is the community if you close my doors. Where do I park if you don't let me come to church and worship. Worship is something that is free. Not just at my church, but any of you all's churches that you go. It's free. You shouldn't have to go to church and think, well, my God, if I go into church and I come outside and somebody done put a ticket on my care. Or going to tow your car to some place where you don't know where and now you have to pay a fine to get your car out. To me this is my first time I've been to one of the meetings and I've heard a lot of 751 Vanan Online Services, Inc. 22 things here today, but to me when it comes to the house of God, and it seems like we are on the back burner, it's a shame. Thank you. Mayor Phillips: Thank you. Is there anybody else who would like to speak at this time? Alright, I see nobody in Zoom land and nobody here. So public comments are closed. Public remarks... 752 Vanan Online Services, Inc. Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 [audio starts 00:00:05] TRANSCRIPTION OF AUDIO RECORDING RE: CITY OF SOUTH MIAMI CITY COMMISSION MEETING RECORDING: 09-07-21 CITY COMMISSION MEETING EXCERPTS OF PUBLIC COMMENTS DATE: TUESDAY, SEPTEMBER 7, 2021 [insert transcription] STATE OF FLORIDA: COUNTY OF MIAMI-DADE: I, Karen Partridge., do hereby certify that I transcribed and the foregoing recording; that the foregoing pages, numbered from 1 to 22, inclusive, constitute a true and correct transcription of said recording. I further certify that I am not of counsel; I am not related to nor employed by an attorney connected with the above-styled matter, nor interested in the outcome thereof. The foregoing certification does not apply to any reproduction of this transcript by any means unless under the direct control and/or direction of Karen Partridge IN WITNESS WHEREOF I have hereunto affixed my hand this 07 day of October 2022. By: Karen Partridge Transcriber 753 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1 CITY OF SOUTH MIAMI CITY COMMISSION MEETING AGENDA Tuesday, September 7, 2021, 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.” VIRTUAL PARTICIPATION - Members of the public may also join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. In addition, a dedicated phone line will be available so that any individual who does not wish (or is unable) to use Zoom, may listen to and participate in the meeting by dialing +1-786-635-1003 Meeting ID: 3056636338. The public may merely view the meeting live on the City’s website: (https://www.southmiamifl.gov/102/Agendas-Minutes) (“Granicus”) as well as Channel 667 on Atlantic Broadband or by AT&T U-Verse. A.SILENCE OR TURN OFF ALL CELL PHONES B.ROLL CALL C.ADD-ON ITEM(S) D.MOMENT OF SILENCE E.PLEDGE OF ALLEGIANCE 1754 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 F.LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK G.PRESENTATIONS H.APPROVAL OF MINUTES Ha.08.17.21 minutes 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.COMMISSION REPORTS, DISCUSSION & REMARKS - (25 minutes) M.BOARDS AND COMMITTEES, APPOINTMENTS, ETC. N.CONSENT AGENDA 1.A Resolution relating to the cost of the April 20, 2021 Special Election for the City of South Miami; approving the expenditure of $21,747.39 for the election costs. 3/5 (City Clerk) 04.20.2021 Special Election costs resolution.doc INVOICE - SOUTH MIAMI SPECIAL 04-20-2021.pdf 2.A Resolution of the Mayor and City Commission for the City of South Miami, Florida, opposing proposed amendments to the Miami-Dade County Code regarding public works construction and permitting in the incorporated and unincorporated areas and urging the Board of County Commissioners of Miami-Dade County not to move forward with the amendments as drafted. 3/5 (City Manager) Reso_re County PW Ord. affecting Cities CArev.rtf 211661.pdf 3.A Resolution of the Mayor and City Commission of the City of South Miami, Florida, urging the Miami-Dade County Board of County Commissioners to uphold the recommendations of County staff and deny and not transmit CDMP amendment application CDMP20210003. 3/5 (Mayor Philips) Resolution-Deny_Dist_8_UDB_ApplicationCArev.docx 4.A Resolution of the Mayor and City Commission for the City of South Miami, Florida, endorsing Smart-Growth principles and endorsing the cause of the “Hold the Line Coalition”. 3/5 (Mayor Philips) 2755 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 Resolution_Hold the Line CoalitionCArev.docx 5.A Resolution of the Mayor and City Commissioners of the City of South Miami approving the Proclamation recognizing the week of September 17-23 as Constitution Week. 3/5 (Mayor Philips) Reso_re_Proclamation_for_Constitution_Week_2021 CArev.doc Proclamation_for_Constitution_week_2021_CArev.doc ConstitutionWeek-DAR (1).pdf 5a.A Resolution of the Mayor and City Commissioners of the City of South Miami proclaiming September 2021 as Childhood Cancer Awareness Month in the City of South Miami. 3/5 (Mayor Philips) Res_ChildhoodCancer_Proclam2021CArev.docx Proclamation_-_Childhood_Cancer_2021 CArev.docx O.RESOLUTION(S) 6.A Resolution to budget; authorizing a transfer of $14,839 from the City Manager General Contingency account to the Motor Pool Maintenance and Repair-Outside Services. 3/5 (City Manager-Public Works Dept.) Memo-Transfer_of_Money_08-2021.docx Reso-_Transfer_of_Money.doc 7.A Resolution authorizing the City Manager to purchase goods and services from Napa Tools and Equipment for the purchase, delivery, and installation of a new rotary four post lift for Public Works Department. 3/5 (City Manager-Public Works Dept.) Memo-_Rotary_Four_Post_lift_2021-1.docx_a.docx Reso-_Rotary_Lift_2021-1.doc Napa_Tools___Equipment_Quote_08-2021.pdf Flamingo_Shop_Serv_Quote_08-2021.pdf Newman_Equipment_Inc._Quote_08-2021.pdf 8.A Resolution of the Mayor and City Commissioners of the City of South Miami to allow the South Miami Library and non-profit organization, Showering Love, to host a mobile showering bus twice-a-month for homeless patrons of the library. 3/5 (Commissioner Corey) Reso_re_Showering_Love_for_homeless_patrons_of_library_3_.doc Grant letter - The Miami Foundation 2021.pdf 9.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 65th Avenue between SW 50th Street and SW 51st Terrace. 3/5 (Commissioner Corey) Memo_Speed_hump_SW65av_9-1-21.docx Reso Speed hump SW65av 9-1-21.docx SPEED TABLE CONTRACT MAGGOLC 8.19.21---.pdf RFP for SW 65 Ave btwn 50st & 51tr.pdf Speed Table 2-.pdf 3756 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 Amendment No.1 to the Intergovernmental Agreement EXECUTED.pdf SW 65 Ave (50st-51tr) Res Ltr.pdf 10.A Resolution authorizing the City Manager to negotiate and enter into a contract with Innova Firm LLC for the construction of landscape improvements along SW 84th Street from SW 57th Avenue to SW 58th Avenue. 3/5 (Commissioner Liebman) Memo_for_Const_Award_for_SW_84st_Land_Improv_9-1-21.docx Reso_for_Const_Award_for_SW_84st_Land_Improv_9-1-21.docx RFP SW 84 Street Landscape ImprovementsCArev3 8.2.21.pdf INNOVA Bidding Document.PDF SUN BIZ INNOVA.pdf Bid Tabulation RFP PW2021-40 8.26.21.pdf DEMAND STAR RFP PW2021-40.pdf Miami Daily Business Review.pdf 11.A Resolution authorizing the City Manager to negotiate and enter into a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park. 3/5 (Commissioner Liebman) FMemo_Entry_Sign_at_DF_9-1-21.docx fReso_Entry_Sign_at_DF__9-1-21.docx RFP DANTE FASCELL ENTRY SIGN 8.3.21 Carev.pdf KENCO_SIGN_Bidding_Document.PDF SUN BIZ KENCO SIGN 8.31.21.pdf DEMAND STAR RFP PW2021-41 8.31.21.pdf Proposal Summary RFP PW2021-41 8.31.21.pdf DBR ALM I0000544308-0805 PW2021-41.pdf EMAIL Kenco Sign Bid Clarification 8.31.21.pdf 12.A Resolution authorizing the City Manager to purchase from Parker Systems, the required AT&T modem upgrades for the City’s existing T2 Luke II multi-space pay stations. 3/5 (City Manager-Purchasing Dept.) CM_Memo_Pay_Station_5G_Modem_Upgrade.docx Resloution_Pay_Station_Modem_UpgradeCArev.doc S Miami Modem Upgrade quote.pdf Sole Source Letter (Reseller) - T2 2016.pdf 13.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. 3/5 (City Manager-Finance Dept.) CM_Memo_Maintenance___Support_Renewal_7.8.21.docx Res_Firewall_MaintenanceSupport_Renewal_Compuquip_7.26.21CArev.doc Res No 228-16-14783.pdf Amendment_No_5_toCompuquipKCArev.pdf P.RESOLUTION(S) PUBLIC HEARING(S) 14.A Resolution authorizing the City Manager to enter into a multi-year contract for citywide SIP 4757 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 phone service with AireSpring for a term not to exceed three (3) consecutive years. 3/5 (City Manager-Procurement Dept.) CM_Memo_AireSpring_SIP_Contract_8.17.21.docx v2Resolution Airespring SIP.docx Copy of Final Proposal-1123569979-147262-246275.xlsx CSM 1123626486-001-MC-149263-249317-AIRE131-F-E 100-3-Year.docx Diagram City S Miami.pdf 15.A Resolution authorizing the City Manager to negotiate and enter into a multi-year agreement with Clean Space, Inc. for janitorial services for all City facilities. 3/5 (City Manager-Public Works Dept.) CM_fMemo_Janitorial_Clean_Space_8.10.21__003___3___1_.docx Clean_Space_FReso_FY-_2021_ (2).docx Proposal Summary Janitorial Svcs.pdf FINAL SCORE SHEETS10.28.20.pdf RFP JANITORIAL SERVICES 8.31.20CArev.pdf Termination of Service High Sources.pdf Q.ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 16.An Ordinance amending the Land Development Code, Article IX. – Community Service Overlay District. 5/5 (City Manager-Planning Dept.) Suggested Action: Approval Cover_Memo_re_CSO definitions etc_08-17-2021CArev JKT rev.docx ORD CSO amendment without public assembly.docx PB-21-011 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf MDBR Ad.pdf MH Ad.pdf 17.An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-1.3, 20-1.5 and 20-1.6 to clarify that when the City’s Comprehensive Plan, or Land Development Code, provides a higher standard of land use or regulation, the higher standard must prevail over lesser standards, including those set forth in Miami-Dade County’s Code for those properties located both within the City and within the Miami-Dade County Rapid Transit Zone and providing that all such properties must remain subject to all of the higher, or more restrictive, standards set forth in the City’s Comprehensive Plan and Land Development Code. 3/5 (Mayor Philips) Memorandum_from_CA_to_CC__1_.docx Ord requiring more restrictive density & Intensity in RTZ-PBdCArev(2).doc PB-21-013 Draft PB Regular Meeting Minutes Excerpt - 08-10-2021.pdf MDBR Ad.pdf MH Ad.pdf 18.An Ordinance amending the South Miami Pension Plan; by Amending Section 16-12, “Definitions”; by Amending Section 16-14, “Pension benefits and retirement dates”; and by Amending Section 16-17, “Termination”. 3/5 (City Manager-Finance Dept.) Memo Updated Pension Revisions-Avg Comp - Early Retire Out) DRAFT.docx FinalAMSC_Pension_Ordinance_rev_8.19.21_revised (5).docx 5758 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 6 South Miami AMSC Projection Study 10-1-2020 Report (60 10 NRD).pdf Res. No. 146-01-11294 (GRS).pdf October 1 2020 - Summary of Retirement Plan Costs.pdf Ord_Amending_Ch_16_re_AMSCChanges_(Approved on 1st).pdf GRS Actuarial Impact Statement 2021.pdf MDBR Ad.pdf MH Ad.pdf 19.An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-3.6 (V) and 20-3.3(D), (E) and (F) to reorganize sections of the Code concerning outside activities of businesses and to provide further regulation of business activity. 3/5 (City Attorney) Ordinance_amending_20-3.3_E__and__20-3.6_V__AW-rev4CArevClean (4).docx Ordinance_amending_20-3.3_E__and__20-3.6_V__AW-rev4CArevClean CC1st ReadingProposed 2nd Reading Amend.docx Ordinance amending 20-3.3(E) and 20-3.6(V) AW-rev4CArevCleanrev4 Outdoor with underline&StrikeOuts.docx 20-3.6_V_ (1).docx 20_3.3_E__as_amended_for_RM-24 (1).docx Comparison of Existing Sec 20-3.3(E) vs Amended Sec 20-3.6(V)(5)ver3.docx PB-21-007 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf MDBR Ad.pdf MH Ad.pdf 20.An Ordinance amending the Land Development Code, Article II, Definitions, Article III, Zoning Regulations, Article IV, Other Regulations, and Article VII, Hometown District Overlay Ordinance, to amend the definition of boardinghouse, to establish parking standards for such uses and to allow such uses in the Hometown District Overlay Zone (HD). 4/5 (Commissioner Liebman and Commissioner Corey) Suggested Action: Approval Cover_Memo_re_Boardinghouses_08172021.docx RHometown_Boardinghouse_Ordinance_08172021CC_1st_Reading.docx PB-21-010 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf MDBR Ad.pdf MH Ad.pdf 21.An Ordinance amending Section 20-2.3 Definitions and Section 20-3.6 Supplemental Regulations of the City of South Miami Land Development Code to add provisions regarding the use of bird-safe design features. 3/5 (Mayor Philips) Suggested Action: Approval Cover Memo re Bird Safe Design 09072021.docx FinalBird_Safe_Building_Ordinance_ver_2 (3).docx PB-21-009 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf Bird-Friendly-Building-Design.pdf Loss Scott Bird Building Collisions.pdf Viracon email re availability.docx Viracon email re cost.docx 6759 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 7 MDBR Ad.pdf MH Ad.pdf R.ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) 22.An Ordinance of the Mayor and City Commission for the City of South Miami, Florida, amending the City of South Miami Comprehensive Plan to include a Property Rights Element as required by Florida Law. 3/5 (City Attorney) Memorandum_re_Text_Amendment_Property_Rights_Element (3).docx Ordinance Property Rights Element_ Comprehensive Plan (Pepe Thomas F.).docx Ordinance_Exhibit_A__Pepe_Thomas_F._.docx PB-21-012 Draft PB Regular Meeting Minutes Excerpt - 08-10-2021.pdf MDBR Ad.pdf MH Ad.pdf S.ORDINANCE(S) FIRST READING(S) 23.An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Section 2-2.1. – Rules of procedure of City Commission, amending the allowable time for an individual to speak during public comments from five (5) minutes to three (3) minutes. 3/5 (Commissioner Liebman) FinalOrd_amending_2-2.1_j__4__re_Public_Comments_3_minCArev (1).docx 24.An Ordinance related to the fee schedule; amending Ordinance No. 15-21-2405 to establish fees for Boardinghouses and Hotel/Motel. 3/5 (City Manager-Planning & Zoning) Suggested Action: Approval F_Memo_re_Boardinghouse_and_Hotel_Fees_09072021 (1).docx FOrdi_Amending_Fee_Sch._09072021CArev.docx 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 7760 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 8 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 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 8761 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page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genda Item No:Ha. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Minutes Agenda Section: Subject: 08.17.21 minutes Suggested Action: Attachments: 10763 Agenda Item No:1. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Resolution Agenda Section: Subject: A Resolution relating to the cost of the April 20, 2021 Special Election for the City of South Miami; approving the expenditure of $21,747.39 for the election costs. 3/5 (City Clerk) Suggested Action: Attachments: 04.20.2021 Special Election costs resolution.doc INVOICE - SOUTH MIAMI SPECIAL 04-20-2021.pdf 11764 RESOLUTION NO. _________________1 2 A Resolution relating to the cost of the April 20, 2021 Special Election for the3 City of South Miami; approving the expenditure of $21,747.39 for the4 election costs.5 6 WHEREAS,Resolution No. 020-21-15640 adopted by the City Commission approved7 calling for a Special Election to fill an un-expired term of City Commissioner Group III; and8 9 WHEREAS,the City has received an invoice from the Miami-Dade County Elections10 Department for said Special Election totaling $21,747.39.11 12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 13 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:14 15 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and they 16 are incorporated into this resolution by reference as if set forth in full herein.17 18 Section 2.The City Manager is hereby authorized to pay the invoice for election costs19 received from Miami-Dade County Elections Department for the April 20, 2021 South Miami20 Special Election in the total amount of $21,747.39; charging account no. 001-1200-512-492021 (Elections).22 23 Section 3.Corrections.Conforming language or technical scrivener-type corrections 24 may be made by the City Attorney for any conforming amendments to be incorporated into the 25 final resolution for signature.26 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 shall 29 not affect the validity of the remaining portions of this resolution.30 31 Section 5. Effective Date.This resolution shall become effective immediately upon 32 adoption.33 34 PASSED AND ADOPTED this ____ day of _____________, 2021.35 36 ATTEST:APPROVED:37 38 ___________________________________________39 CITY CLERK MAYOR40 41 READ AND APPROVED AS TO FORM, COMMISSION VOTE:42 LANGUAGE, LEGALITY AND Mayor Philips:43 EXECUTION THEREOF Commissioner Harris:44 Commissioner Liebman:45 Commissioner Gil:46 _______________________Commissioner Corey:47 CITY ATTORNEY48 12765 13766 MIAMl·-ADE W•i!Uih . August 11, 2021 Nkenga "Nikki" Payne, CMC City Clerk City of South Miami 6130 Sunset Drive South Miami, FL. 33143 RE: Invoice No. SM-SE-04202021 Dear Ms. Payne, Elections 2700 NW 87th Avenue Miami, Florida 33172 T 305-499-8683 F 305-499-8547 TTY 305-499-8480 miamidade.gov Please find the invoice detailing the election costs associated with the April 20, 2021, City of South Miami Special Election. Should you have any questions regarding the invoice or require additional information, please do not hesitate to contact me at 305-499-8320. Sincerely, Jose Ponce Deputy Supervisor of Elections Finance & Administration Miami-Dade Elections Department 14767 INVOICE SOUTH MIAMI SPECIAL ELECTION -April 20, 2021 Nkenga "Nikki" Payne, CMC -City Clerk City of South Miami 6130 Sunset Drive South Miami, FL. 33143 Personnel Salaries & Fringe Benefits, Overtime, Poll Worke,s Polling Places Security, Polling Place Rentals Supplies and Services Election Supplies, Communication Charges, Vote by Mall Ballots Set Up Trucks and Vehicles Delivery/Pickup of Voting Equipment, /SD Fleet Vehicles Rental Printing and Advertising Invoice N°: Invoice Date: Vote by Mall, Early Voting & Precinct Ballots, Consumables, Temporary Pol/Ing Place Change Notices Postage Vote by Mail Sent and Business Reply, Temporary Polling Place Change Notices, Lette,s Ballot Creation In-House & Outside Contractual Services, Translations Administrative Overhead Indirect Costs, Logic & Accuracy, Post-Election Audits Make check payable to Miami Dade County For more Information, you may contact: Jose Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami, Florida 33172 Office: 305-499-88320 E-mail: jose.ponce@miamidade.gov TOTAL SM-SE-04202021 August 11, 2021 $ 6,569.00 447.75 1,293.14 802.56 5,945.39 3,872.91 839.60 1,977.04 $ 21.747.39 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission for the City of South Miami, Florida, opposing proposed amendments to the Miami-Dade County Code regarding public works construction and permitting in the incorporated and unincorporated areas and urging the Board of County Commissioners of Miami-Dade County not to move forward with the amendments as drafted. 3/5 (City Manager) Suggested Action: Attachments: Reso_re County PW Ord. affecting Cities CArev.rtf 211661.pdf 15768 Page 1 of 3 RESOLUTION NO. 1 A Resolution of the Mayor and City Commission for the City of South Miami, Florida, 2 opposing proposed amendments to the Miami-Dade County Code regarding public 3 works construction and permitting in the incorporated and unincorporated areas and 4 urging the Board of County Commissioners of Miami-Dade County not to move 5 forward with the amendments as drafted.6 WHEREAS, on July 8, 2021, the Board of County Commissioners of Miami-Dade County 7 ("BCC") passed an ordinance on first reading that would provide exclusive permitting 8 jurisdiction to Miami-Dade County ("County") for certain public works construction projects 9 regardless of ownership over the facility, and prohibit municipalities from charging fees, 10 imposing requirements, or requiring permits for work on certain rights-of-way or easements 11 within municipalities ("the ordinance"); and 12 WHEREAS, the ordinance is scheduled for second reading on September 1, 2021; and 13 WHEREAS, the City Commission believes the proposed changes to the Miami-Dade 14 County Code are counter-productive to municipal operations and services and will force 15 County and City departments to work in isolation, hindering communication and cooperation16 rather than fostering collaboration for the public benefit; and 17 WHEREAS, the City has been a committed advocate for the City's home rule authority 18 and opposes unwarranted County and State preemptions particularly on local matters that 19 concern the City's regulatory authority over City-owned or maintained facilities; and 20 WHEREAS, the City requires a public works permit for all right of way work within its 21 geographic boundaries; and 22 WHEREAS, this universal permit requirement ensures that City staff is aware of work 23 taking place within the City and can effectively coordinate concurrent right of way projects 24 and to avoid traffic conflicts during construction or maintenance; and 25 WHEREAS, the City is best able to communicate information about roadway work and 26 public works projects to residential and business communities to ensure the public is well -27 informed and can make appropriate decisions; and 28 WHEREAS, the City is uniquely qualified to handle the hyper-local aspects of public 29 works within the community because City staff is knowledgeable about the issues, utilities, and 30 stakeholders affected by a given project; and 31 32 WHEREAS,the ordinance gives the County the broad authority, but not the obligation, 33 to do any construction work or maintenance, on any roadway or facility situated partially or 34 16769 Page 2 of 3 entirely within the incorporated areas of the County, and have the exclusive permitting 35 jurisdiction over any such work regardless of who owns or maintains the facility; and36 37 WHEREAS,the ordinance prohibits municipalities from charging any fees, imposing any 38 requirements, or permitting any construction work on: (i) any County-owned rights-of-way or 39 easements within the municipality; and (ii) any roads or facilities regardless of ownership, that 40 the Miami-Dade County Department of Transportation and Public Works deems necessary for 41 appropriate traffic movement on the County's roadway network; and42 43 WHEREAS,the ordinance represents a radical departure from today's practice and cities 44 should be aware of, and in agreement with, any improvements that are proposed by the 45 County within City rights of way and there resulting maintenance obligations; and 46 47 WHEREAS,the City of South Miami urges the Board of County Commissioners to oppose 48 or postpone the passage of this ordinance until the County has had a chance to work with cities 49 to incorporate common sense revisions to improve this legislation.50 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 51 CITY OF SOUTH MIAMI, FLORIDA:52 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 53 correct and are hereby made a specific part of this Resolution upon adoption hereof. 54 Section 2.The City Commission hereby urges the Board of County Commissioners of 55 Miami-Dade County not to approve the above-described amendments, as drafted and to 56 incorporate common sense revisions to improve collaboration between Miami-Dade County 57 and cities. 58 Section 3.The City Clerk shall transmit a copy of this Resolution to Mayor Daniella 59 Levine Cava and the Board of County Commissioners of Miami-Dade County. 60 Section 4. Corrections. Conforming language or technical scrivener-type corrections 61 may be made by the City Attorney for any conforming amendments to be incorporated into the 62 final resolution for signature.63 Section 5. Severability.If any section clause, sentence, or phrase of this resolution is for 64 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will 65 not affect the validity of the remaining portions of this resolution.66 67 Section 6. Effective Date. This Resolution will take effect immediately upon adoption.68 69 PASSED AND ADOPTED this ____ day of _____________, 2021.70 71 ATTEST:APPROVED:72 17770 Page 3 of 3 73 ___________________________________________74 CITY CLERK MAYOR75 76 READ AND APPROVED AS TO FORM, COMMISSION VOTE:77 LANGUAGE, LEGALITY, AND Mayor Philips:78 EXECUTION THEREOF Commissioner Harris:79 Commissioner Gil:80 Commissioner Liebman:81 _______________________Commissioner Corey:82 CITY ATTORNEY83 18771 MEMORANDUM Agenda Item No. 5(A) TO: Honorable Chairman Jose "Pepe" Diaz DATE: and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan SUBJECT: County Attorney The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairman Jose "Pepe" Diaz. _______________________________ Geri Bonzon-Keenan County Attorney GBK/smm 1 (Public Hearing: 9-1-21) July 8, 2021 Ordinance relating to public works construction and permitting in the incorporated and unincorporated areas; amending article XIV of chapter 2 of the Code; providing exclusive permitting jurisdiction to the County for certain public works construction projects; prohibiting municipalities from charging fees, imposing requirements, or requiring permits for work on certain rights-of-way or easements within municipalities; revising obsolete provisions regarding enforcement; making technical and conforming changes 19772 Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners County Attorney September 1, 2021 2 5(A) 20773 Approved Mayor Agenda Item No. 5(A) 9-1-21Veto __________ Override __________ ORDINANCE NO. ORDINANCE RELATING TO PUBLIC WORKS CONSTRUCTION AND PERMITTING IN THE INCORPORATED AND UNINCORPORATED AREAS; AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING EXCLUSIVE PERMITTING JURISDICTION TO THE COUNTY FOR CERTAIN PUBLIC WORKS CONSTRUCTION PROJECTS; PROHIBITING MUNICIPALITIES FROM CHARGING FEES, IMPOSING REQUIREMENTS, OR REQUIRING PERMITS FOR WORK ON CERTAIN RIGHTS- OF-WAY OR EASEMENTS WITHIN MUNICIPALITIES; REVISING OBSOLETE PROVISIONS REGARDING ENFORCEMENT; MAKING TECHNICAL AND CONFORMING CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, section 1.01(A)(1) of the Miami-Dade County Home Rule Charter vests this Board with the power to “carry on a central metropolitan government” by, among other powers, “provid[ing] and regulat[ing] arterial, toll, and other roads, bridges, tunnels, and related facilities; . . . and develop[ing] and enforce[ing] master plans for the control of traffic and parking”; and WHEREAS, among other mechanisms, this Board has exercised this power through adoption of ordinances that have been codified in the Code of Miami-Dade County, Florida (the “Code”); and WHEREAS, section 2-100(d) of the Code requires that the Department of Transportation and Public Works (DTPW) promulgate, establish, and enforce minimum standards for public works construction by publishing a public works manual, which shall be the official guide and standards for public works construction in both the unincorporated and incorporated areas of the County; and 3 21774 Agenda Item No. 5(A) Page 2 WHEREAS, section 2-95.1 of the Code empowers and imposes the duty and responsibility on DTPW to provide, develop, maintain, improve, implement, and enforce a master plan for the control, regulation, and appropriate movement of traffic throughout the County, including both the incorporated and unincorporated areas thereof; and WHEREAS, section 2-95.1 also grants DTPW exclusive jurisdiction over all matters of traffic engineering Countywide, subject only to the jurisdiction of the state road department with respect to state highways; and WHEREAS, section 2-96.1 of the Code vests DTPW with the exclusive jurisdiction to address traffic movement, traffic engineering, and traffic control devices throughout the County; and WHEREAS, proper planning, design, and construction of certain roadways is instrumental in maintaining adequate traffic movement throughout the County’s roadway network; and WHEREAS, section 2-100 of the Code vests DTPW with the authority to “[p]lan, design, construct and maintain all arterial and other roads, bridges, tunnels, canals and related facilities in the unincorporated area of the County, as well as such other arterial and other roads, bridges, tunnels, canals and related facilities situated partially or entirely within the incorporated areas of the County, which are from time to time designated by the Mayor as County arterial, or other roads, bridges, tunnels, canals or related facilities”; and WHEREAS, section 2-103.1 of the Code currently requires that any person or entity doing construction work on County-owned or County-maintained rights-of-way within unincorporated and incorporated areas of the County acquire a permit from DTPW; and 4 22775 Agenda Item No. 5(A) Page 3 WHEREAS, although a County permit is required for work on County-owned or County- maintained rights-of-way located within municipalities, many municipalities also require a municipal permit and the payment of certain fees for said construction work; and WHEREAS, providing exclusive permitting jurisdiction to DTPW for construction work on certain roadways, except for state highways, is consistent with and in furtherance of the authority vested in Miami-Dade County and the duties and responsibilities assigned to DTPW in furtherance of that authority; and WHEREAS, prohibiting municipalities from requiring municipal permits or the payment of fees for work on County-owned or County-maintained rights-of-way or other roadways deemed necessary by DTPW to address traffic movement in the County’s roadway network would help streamline public works and other construction projects that affect County rights-of-way and other roadways that impact the appropriate movement of traffic throughout the County’s roadway network; and WHEREAS, it is in the best interest of the County to be the sole permitting agency for construction work on County-owned or County-maintained rights-of-way and certain other roadways within the unincorporated and incorporated areas of the County; and WHEREAS, this Board also wishes to update the relevant Code sections to update department names and references to the County Mayor, revise obsolete provisions regarding enforcement, and reorganize and streamline the provisions to make them easier to read, including by adding definitions for commonly-repeated words or phrases, inserting additional subparts, and reorganizing subparts to avoid repetition, 5 23776 Agenda Item No. 5(A) Page 4 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. The foregoing recitals are incorporated herein and are approved. Section 2. Article XIV of chapter 2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1 ARTICLE XIV. - PUBLIC WORKS DEPARTMENT Sec. 2-99. - Established; Director as head; appointment; term >>; definitions<<. >>(a)<< The Public Works Department is established. >>(b)<< The head of the Department is the Director of Public Works >>,<< who shall be appointed by the >>County Mayor in accordance with section 2.02(C) of the Miami-Dade County Home Rule Charter<< [[Manager]] and shall serve at the will of the >>County Mayor<< [[Manager]]. >>(c) Definitions. For purposes of this article, the following definitions shall apply unless a contrary intent is obvious: (1)“Construction work” means the installation, maintenance, repair, modification, or removal of any building, structure, pavement, drainage, or equipment, including the planning and design for any such work. (2)“County” means Miami-Dade County, Florida. (3)“County-owned” means (i) property in which the County has a property interest, such as fee simple ownership or an easement, and (ii) property that the County maintains regardless of ownership, such as rights-of-way that are in incorporated areas but are maintained by the County. (4)“Director” means the Director of the Public Works Department, or the Director’s designee. (5)“Direct control” means under the County’s complete jurisdiction, by virtue of ownership, dedication by plat, easement, reservation, or right-of-way, and access agreement or instrument. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. 6 24777 Agenda Item No. 5(A) Page 5 (6)“Engineer” means a professional engineer registered by the State. (7)“Public Works Department” and “Department” means the Department of Transportation and Public Works or successor department responsible for administration of this article. (8)“Right-of-way” and “rights-of-way” mean land in which the County owns the fee or has an easement devoted to or required for use as a transportation facility, and includes, without limitation, (i) all existing or dedicated rights-of-way and (ii) all proposed dedications of public rights-of-way set forth on official grading and drainage plans approved pursuant to tentative plats. (9)“Work” means any activity or result of such activity as set forth in section 2-103.1, or the area or site of such activity.<< Sec. 2-100. - Functions, powers>>,<< and duties. The Public Works Department shall perform the following functions: (a)>>Consistent with and in furtherance of the duty and responsibility to develop, maintain, improve, and enforce a master plan for the control, regulation, and appropriate movement of traffic for the County in both the incorporated and unincorporated areas thereof, and notwithstanding any other provision of the Code to the contrary, and subject only to the jurisdiction of the state road department with respect to state highways, the Department shall: (1)<< Plan, design, construct>>,<< and maintain all arterial and other roads, bridges, tunnels, canals and related facilities in the unincorporated area of the County; and[[, as well as such other arterial and other roads, bridges, tunnels, canals and related facilities situated partially or entirely within the incorporated areas of the County, which are from time to time designated by the Manager as County arterial, or other roads, bridges, tunnels, canals or related facilities.]] >>(2) Have the authority, but not the obligation, to do any construction work, including but not limited to the planning, designing, paving, or maintenance, on any arterial, collector, section line or half-section line road, or other roads, bridges, tunnels, canals or related facilities situated partially or entirely within 7 25778 Agenda Item No. 5(A) Page 6 the incorporated areas of the County, and shall have the exclusive permitting jurisdiction over any such construction work whether the work is performed by County employees or by a private firm or corporation under contract with the County.<< * * * (c)With the cooperation of the Department of >>Regulatory and Economic Resources or successor department or departments responsible for zoning and subdivision regulations<< [[Planning and Zoning]], establish and enforce minimum standards for the approval of platting or replatting of any land in the County. * * * (j)Perform any other functions reasonably necessary to, or reasonably related to, the performance of the functions hereafter designated by administrative order of the [[Manager]] >>Mayor<<. (k)Review plans, issue permits and inspection >>for any construction work<< [[of paving and drainage]] on public right-of-way and private property in the unincorporated areas of Miami-Dade County >>and for any construction work done subject to the provisions of paragraph (a)(2) of this section<<. Sec. 2-100.1. – >>Enforcement<< [[Team Metro; delegation of enforcement power and duties. Unless otherwise provided by ordinance, the Director of Public Works Department shall delegate his enforcement powers and duties to the Director of Team Metro for the expressed purpose of enforcing the regulations of this chapter as specified in Section 2- 969 or in an administrative order of the County Manager.]] >>(a) This article may be enforced in accordance with section 1-5 and chapter 8CC. (b)The Director is hereby authorized to institute actions on behalf of the County in any court of competent jurisdiction in this State to seek enforcement of this article and all remedies for violation thereof. 8 26779 Agenda Item No. 5(A) Page 7 (c)The Director may, in the Director’s discretion, terminate an investigation or an action commenced under the provisions of this article upon execution of a written consent agreement between the Department and the persons who are the subject of the investigation or action. (1)The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this article by such persons. (2)The consent agreement may in addition provide for the following: mitigation of injuries accruing on account of the violation investigated or sued upon; compensatory damages; punitive damages; civil penalties; costs and expenses of enforcement; attorneys' fees; and remedial or corrective action. (3)Except as expressly and specifically provided in the executed written consent agreement, an executed written consent agreement shall neither be evidence of a prior violation of this article, nor shall such agreement be deemed to impose any limitation or action by the Director or the County in enforcing any of the provisions of this article, nor shall the agreement constitute a waiver of or limitation upon the enforcement of any federal, state or local law or ordinance. (4)Each violation of any of the terms of an executed written consent agreement shall constitute a separate violation under this article by the persons who executed the agreement and by their respective officers, directors, agents, servants, employees, attorneys, heirs, successors, and assigns, and by any persons in active concert or participation with any of the foregoing persons and who have received actual notice of the consent agreement. (5)Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter.<< * * * Sec. 2-103. - Organization and operating procedures; appointment of personnel. >>(a)<< The organization and operating procedures of the Department shall be >>as directed by the County Mayor or by implementing order approved by the Board of County 9 27780 Agenda Item No. 5(A) Page 8 Commissioners.<< [[prescribed in administrative orders and regulations of the Manager. The Manager, with the advice of the Director,]] >>(b) The County Mayor<< shall appoint such employees as may be necessary to perform the functions of this Department. The salaries for all departmental officers and employees shall be fixed by the County Commission. The >>County Mayor<< [[Manager or the Director]] may assign one [[(1)]] person to perform, without additional compensation, the duties of other offices or positions created by or made necessary by the provisions of this article. >>(c) The County Mayor<< [[(a) The Manager or the Director]] may designate toll enforcement officers, who will be authorized to issue uniform traffic citations for violations pursuant to >>section<< [[Section]] 316.1001, Florida Statutes. Sec. 2-103.1. - Construction of public utilities or works in public rights-of-way[[; construction of]] >>and<< paving and drainage on private property— [[Permit]]>>permit<< required; >>permit requirements; limitation on municipal permits for certain construction work; authority to withhold, revoke, or enforce requirements of permit; limitations on cutting pavement;<< effect of installation of County facility; exemption. (a)>>Definitions. The following additional definitions shall apply throughout this article unless context dictates otherwise. (1)“Permittee” includes both the person or entity applying for a permit required by this article and the owner of the property that is installed pursuant to a permit. (2)“Public works manual” means the public works manual establishing minimum standards for public works construction, as may be amended from time to time and as promulgated pursuant to section 2-100. (b)Permits required for construction. (1)<< It shall be unlawful for any person, corporation, partnership, association>>, governmental agency,<< or other legal entity to [[construct utilities]]>>do any construction work related to any of the following, on any County-owned rights-of-way, without first obtaining a permit from the Department: 10 28781 Agenda Item No. 5(A) Page 9 (i)Utilities<< or other public works, except [[for the construction or installation of]] mailboxes [[in road and street right-of-way and easements in the unincorporated area of this County; and in rights-of-way of roads and streets located within municipalities that are maintained by Miami-Dade County, without first having obtained a permit from the Public Works Department]]. >>(ii) Paving or drainage on private property in the areas used for vehicle driveways or parking. (2)Except as provided for herein, it shall be unlawful for any person, corporation, partnership, association, governmental agency, or other legal entity, without first obtaining a permit from the Department, to do any construction work related to any utilities or public works on any arterial, collector, section line, or half-section line road, or on any other road, bridge, tunnel, canal, or related facility that is situated partially or entirely within the incorporated areas of the County, regardless of ownership, that the Department deems necessary for appropriate traffic movement on the County’s roadway network. (i)The following are exempt from this permit requirement: a.installation of mailboxes on private property; b.paving or drainage on private property in areas used for vehicle driveways or parking; and c.Maintenance, repair, or drainage work by a municipality on any roads that the municipality owns or maintains, whether this work is performed by employees of the municipality or by a private firm or corporation under contract with the municipality. (ii)The Department shall prepare, update as it deems necessary, and make readily available to the public, a list of the roadways that are subject to the permitting requirements of this paragraph. 11 29782 Agenda Item No. 5(A) Page 10 (c)Minimum requirements for permits.<< All >>permits for<< [[said]] construction work >>issued pursuant to this section<< [[in said right-of-way]] shall conform to uniform standards established by the [[official manual of]] public works >>manual.<< [[construction. It shall also be unlawful for any person, corporation, partnership, association or other legal entity to construct paving or drainage on private property for areas used for vehicle driveways or parking in the unincorporated area of this County, without first having obtained a permit from the Public Works Department.]] >>(d) Municipal permits, requirements, and fees prohibited. (1)Municipalities are prohibited from charging any fees, imposing any requirements, including, but not limited to, maintenance of traffic requirements, or requiring that any permit be obtained for any construction work, including any public works, on: (i)any County-owned rights-of-way or easements within the municipality; and (ii)any road that is subject to paragraph (b)(2) above. (2)Except as to the County, municipalities may impose permitting requirements for paving or drainage on private property in the areas used for vehicle driveways or for parking adjacent to any roads that the municipality owns or maintains. (e)Authority to suspend permits. (1)<< If the Director [[of the Public Works Department]] determines that the permittee is not performing the construction in accordance with the conditions of the permit or the approved plans upon which the permit was issued or in conformance with the >>minimum requirements of this section<< [[uniform standards established by the official manual of public works construction]], [[he]] >>the Director<< may order suspension of the permit or the stopping of work until such time as the permittee has complied with the permit, plans or >>requirements<< [[standards]]. >>(2)<< In such case, the permittee shall take all necessary precautions to leave the work area in a safe and secure condition. 12 30783 Agenda Item No. 5(A) Page 11 >>(f) Authority to withhold issuance of permit.<< The Director [[of the Public Works Department]] may withhold the issuance of public works permits to a contractor >>or permittee to the extent required by section 8CC-7<< if that contractor >>or permittee<< has previously been issued a citation >>pursuant to chapter 8CC<< regarding work that requires a public works permit [[as listed in Chapter 8CC of the Code of Miami-Dade County]], and the citation is still outstanding [[forty-five (]]45[[)]] days after the date the citation was issued. >>(g) Removal or relocation of utility. (1)<< In the event of any future widening, repairs, installation, construction, or reconstruction, by or for Miami-Dade County, of any road, bridge, canal, culvert, traffic signal, streetlight, water distribution system, sewage collection system, storm drainage system, or any other County facility within the public right-of-way in which the permittee [[or owner]] has constructed any utility, said permittee [[or owner]] shall move or remove such utility as may be required for the public convenience as and whenever specified by the Director [[of the Public Works Department and at his]]>>. (2)Said removal or relocation shall be at the permittee’s<< own expense. >>(h) Liquified petroleum gas installation.<< Permits for the installation of liquefied petroleum gas in easements will be issued by the Miami-Dade County Fire Safety Bureau rather than the [[Public Works]] Department. [[The term “right-of-way” or “rights-of-way” shall be construed throughout this article to include, but not be limited to, all proposed dedications of public rights-of-way set forth on official grading and drainage plans required to accompany approved and valid tentative plats, as well as all existing or dedicated rights-of-way.]] >>(i) Exemptions. The<< [[Provided, however, the]] United States, federal agencies and their contractors, in the execution of federal projects authorized by Congress, are exempted from the provisions of >>sections<< [[Sections]] 2-103.1 through 2-103.7 [[and 2-103.10 through 2-103.13]]. 13 31784 Agenda Item No. 5(A) Page 12 [[(b)]] >>(j) Restoration of right-of-way after completion of work. (1)<< Whenever any person, corporation, partnership, association, County Department or other legal entity performs any construction or public work within an existing >>County-owned<< right-of-way >>or on any road that is the subject of paragraph (b)(2) above<< [[located within unincorporated Miami- Dade County, or in right-of-ways of roads or streets located within municipalities that are maintained by the County]], the right-of-way, including sidewalks, curbs and gutters, and landscaping must be restored to their legally permissible preexisting condition, including any aesthetic enhancements thereto and any adjacent private property damaged during construction, within: >>(i)<< [[(a)]] 30 days of completion of the construction or public work in that >>County-owned<< right-of-way >>or other roadway<< or within 30 days of damage to the affected property or area, whichever occurs first; or >>(ii)<< [[(b)]] within 15 days of completion of the construction or public work in the >>County- owned<< right-of-way >>or other roadway<< or within 15 days of damage to the affected property, whichever occurs first, if such >>County-owned<< right-of-way >>or other roadway<< is located within the Rapid Transit Zone as identified in chapter 33C or within an urban center or urban area district as identified in chapter 33. >>(2)<< Prior to the time such construction work begins, the contractor, by posting the construction site, shall inform the local community of the requirement to restore the >>County-owned<< right-of-way >>or other roadway<< within the applicable time period as well as any affected adjacent private property and the fines that could be imposed for each failure to do so. >>(3)<< In restoring the roads, sidewalks, curbs and gutters in the >>County-owned<< right-of-way >>or other roadway<< as required by this section, the person, corporation, partnership, association, County Department or other legal entity that performed the construction or public work shall replace the removed, destroyed, or damaged roads, sidewalks, 14 32785 Agenda Item No. 5(A) Page 13 curbs and gutters in the >>County-owned<< right- of-way >>or other roadway<< with the same material as that which existed before the construction or public work was started. Nothing herein prohibits the use of improved or upgraded materials for the restoration of roads, sidewalks, curbs and gutters within >>County-owned rights-of-way<< [[an existing right-of-way located within unincorporated Miami-Dade County, or in right-of-ways located within municipalities that are maintained by the County]]. >>(4)<< All work to be done pursuant to this >>requirement<< [[Section]] shall be performed in compliance with the Public Works Manual. >>(5)<< Any entity failing to restore the >>County-owned<< right-of-way >>or other roadway<< to its preexisting condition or better within the time permitted shall be subject to >>enforcement as provided in this article per violation per day until the<< [[a civil fine of five hundred dollars ($500.00) per violation per day until such time as the]] right-of-way >>or other roadway<< [[is restored, as well as five hundred dollars ($500.00) per day for each]] >>and<< affected adjacent private property >>are<< [[until it is]] restored. >>(k) Limitations on cutting pavement.<< [[(c)]] No permit shall be issued for a County department, utility company, or any other person or public or private entity, to cut into pavement on any County-owned roadway that is located within the unincorporated area or a municipality and that was paved or repaved within the last three years, except as provided in this subsection. * * * (2)The >>Director<< [[director of the Department of Transportation and Public Works, or its successor department with jurisdiction over county roadways,]] may grant a variance with respect to this prohibition in accordance with the following: * * * 15 33786 Agenda Item No. 5(A) Page 14 Sec. 2-103.2. – [[Same—]]Permit fees—Schedule. The [[Miami-Dade County Public Works]] Department shall charge and collect permit fees at the rates established by >>implementing order<< [[separate administrative order which shall not become effective until]] approved by the Board of County Commissioners. * * * Sec. 2-103.4. – [[Same—Same—]]Waiver. >>(a)<< The [[Public Works]] Department shall waive the permit fee for all work performed by a governmental agency, except for utility construction, whether this work is performed by employees of the governmental agency or by a private firm or corporation under contract with the governmental agency. >>(b) It is provided, however<< [[However]], such governmental agency or private firm or corporation under contract therewith shall not be relieved of the responsibility for obtaining a permit for work covered in >>section<< [[Section]] 2-103.1 unless otherwise provided. [[In addition to the above, the Public Works Department will waive the permit fee for any work in the rights-of-way of roads or streets located within municipalities that are maintained by Miami-Dade County, providing a municipal permit fee has been or will be imposed for the same work. However, a Public Works Department permit must be obtained for this work.]] Sec. 2-103.5. – [[Same—]]Time of completion. The time allotted to complete the work for which a permit was issued under [[Section]] >>section<< 2-103.1 shall be limited to the period stipulated on the permit unless the person, firm or corporation to whom the permit was issued requests the [[Public Works]] Department for an extension of time, and provided the request is received prior to the time of expiration. If a time extension is needed but not requested until after the expiration of the time originally allotted, a new permit will be required for the uncompleted work. The fee amount for the new permit shall be based upon the uncompleted work. 16 34787 Agenda Item No. 5(A) Page 15 [[Sec. 2-103.6. - Same—Penalties for violations of Sections 2- 103.1 through 2-103.5. Any person convicted of a violation of any of the provisions contained in Sections 2-103.1 through 2-103.5 shall be punishable by a fine not to exceed five hundred dollars ($500.00), or imprisonment not to exceed sixty (60) days in the County Jail, or both, at the discretion of the judge of the court of appropriate jurisdiction. Sec. 2-103.7. - Definitions. The definitions as set forth in the South Florida Building Code, the Miami-Dade County Public Works Manual and the following definitions shall apply to this article unless a contrary intent is obvious: (a)County: Miami-Dade County, Florida. (b)Direct control: Under the complete jurisdiction of Miami- Dade County, Florida, by virtue of ownership, dedication by plat, easement, reservation or right-of-way and access agreement or instrument. (c)Engineer: A professional engineer registered by the State of Florida. (d)Work: Activity or result of such activity as set forth in Section 2-103.1 of the Code of Miami-Dade County, Florida, or area or site of such activity.]] * * * Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 17 35788 Agenda Item No. 5(A) Page 16 Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: ________ Prepared by: ________ Annery Pulgar Alfonso Dennis A. Kerbel Prime Sponsor: Chairman Jose "Pepe" Diaz 18 36789 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, urging the Miami-Dade County Board of County Commissioners to uphold the recommendations of County staff and deny and not transmit CDMP amendment application CDMP20210003. 3/5 (Mayor Philips) Suggested Action: Attachments: Resolution-Deny_Dist_8_UDB_ApplicationCArev.docx 37790 RESOLUTION NO. __________1 2 A Resolution of the Mayor and City Commission of the City of South Miami, 3 Florida, urging the Miami-Dade County Board of County Commissioners to 4 uphold the recommendations of County staff and deny and not transmit CDMP 5 amendment application CDMP20210003.6 7 WHEREAS,the individual municipalities within Miami-Dade County and their 8 residents are affected in every way by decisions made at the county level; and9 10 WHEREAS,county-level land use decisions in particular affects quality-of-life in 11 municipalities in our resilience, the nature of our shared metropolitan landscape, and the 12 allocation of limited infrastructure resources; and 13 14 WHEREAS,urban sprawl has major negative impacts on residents, the 15 environment, and the urban landscape; and16 17 WHEREAS,the approval of new sprawl development on the urban periphery 18 requires the County government to dedicate tax revenue from existing communities to fund 19 the new infrastructure to meet minimum level of service capacity for these new 20 developments, thus redirecting critical county resources away from already developed areas 21 and communities that are in need of those resources; and 22 23 WHEREAS,Miami-Dade County’s municipalities have an urgent need for 24 additional resources to address existing transit, water management, and other vital 25 infrastructure; and26 27 WHEREAS, Miami-Dade County’s municipalities benefit from the existence of our 28 strong local agricultural economy which provides fresh food and jobs, promotes sustainable 29 consumption, and improves quality of life for all residents; and30 31 WHEREAS,Miami-Dade County possesses a unique topography characterized by 32 an elevated central ridge, surrounded on the east and west by low-lying and flood prone 33 open space; and 34 35 WHEREAS,Miami-Dade County’s unique topographical landscape magnifies the 36 risks and impacts of unconstrained urban sprawl development; and37 38 WHEREAS in recognition of the environmental and economic harm caused by 39 suburban sprawl, and the County’s distinctive topographical landscape, Miami-Dade 40 County established an Urban Development Boundary in 1983 beyond which dense urban 41 development is not permitted; and 42 43 WHEREAS,the Miami-Dade County Commission is currently considering an 44 application to its Comprehensive Development Master Plan (CDMP) which would expand 45 the Miami-Dade County Urban Development Boundary (UDB) to include 793-acres of 46 farmland adjacent to the Homestead Air Reserve Base, and redesignate this parcel from 47 agriculture to ‘special district’ on the Future Land Use Map; and48 38791 Page 2 of 3 WHEREAS,the application would also amend the Comprehensive Development 49 Master Plan, to exempt non-residential development from existing CDMP elements that 50 discourage development in coastal areas at risk of storm flooding and sea level rise; and 51 52 WHEREAS,Miami-Dade County’s recent Urban Expansion Area report identifies 53 sufficient industrially zoned land within the UDB to accommodate new development 54 through 2040 and beyond; and 55 56 WHEREAS,Miami-Dade County staff noted major inconsistencies between this 57 proposed project and the County’s goals and the requirements outlined in the CDMP, and 58 have recommended that the County “Deny and Do Not Transmit” the application to the 59 state; and60 61 WHEREAS,the application (1) is inconsistent with elements of the CDMP that 62 require concurrency and consistency in the level of service for new developments, and (2) 63 would require major new infrastructure investments by Miami-Dade County, thus diverting 64 already-insufficient County infrastructure funding from existing municipalities; and65 66 WHEREAS,the application does not meet the criteria in Ch. 163 F.S. regarding 67 urban sprawl and would undermine infill development and efforts to improve transportation 68 services within the urban core; and69 70 WHEREAS,the application would take over 750 acres designated as “farmland of 71 Unique importance” out of production, could increase flooding on surrounding parcels, and 72 is inconsistent with elements of the CDMP regarding preservation and protection of 73 agriculture and agricultural lands; and74 75 WHEREAS,the application area is located squarely within the Coastal High 76 Hazard Area, would divert disaster resilience and flood protection resources away from 77 existing developments, and would result in the paving-over of low-lying open space 78 necessary for flood-resilience; and79 80 WHEREAS,the County could more effectively support the interests of its 81 municipalities by facilitating the redevelopment of existing industrially zoned parcels 82 within the UDB.83 84 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 85 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:86 87 Section 1.The foregoing recitals are hereby ratified and incorporated by reference 88 as if fully set forth herein and as the legislative intent of this Resolution.89 90 Section 2.The Mayor and City Commission urges the Miami-Dade County 91 Board of County Commissioners to uphold the recommendations of County staff and 92 deny and not transmit CDMP amendment application CDMP20210003 to the state.93 94 95 39792 Page 3 of 3 Section 3.The City Clerk is directed to send copies of this Resolution to each 96 member of the Miami-Dade Board of County Commissioners and to the Mayor of Miami-97 Dade County as well as to the Miami-Dade County League of Cities.98 99 Section 4. Corrections.Conforming language or technical scrivener-type 100 corrections may be made by the City Attorney for any conforming amendments to be 101 incorporated into the final Resolution for signature.102 103 Section 5. Severability. If any section, clause, sentence, or phrase of this 104 Resolution is for any reason held invalid or unconstitutional by a court of competent 105 jurisdiction, this holding will not affect the validity of the remaining portions of this 106 Resolution. 107 108 Section 6. Effective Date.This Resolution is effective upon enactment.109 110 PASSED AND ADOPTED this ____ day of _____________, 2021.111 112 ATTEST:APPROVED:113 114 ___________________________________________115 CITY CLERK MAYOR116 117 118 READ AND APPROVED AS TO FORM, COMMISSION VOTE:119 LANGUAGE, LEGALITY, AND Mayor Philips:120 EXECUTION THEREOF Commissioner Harris:121 Commissioner Liebman:122 Commissioner Gil:123 ________________________Commissioner Corey:124 CITY ATTORNEY125 126 127 40793 Agenda Item No:4. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission for the City of South Miami, Florida, endorsing Smart-Growth principles and endorsing the cause of the “Hold the Line Coalition”. 3/5 (Mayor Philips) Suggested Action: Attachments: Resolution_Hold the Line CoalitionCArev.docx 41794 RESOLUTION NO. __________1 2 A Resolution of the Mayor and City Commission for the City of South Miami, 3 Florida, endorsing Smart-Growth principles and endorsing the cause of the 4 “Hold the Line Coalition”5 6 WHEREAS,the individual municipalities within Miami-Dade County and their 7 residents are influenced and impacted by the decisions made at the county level; and8 9 WHEREAS,County-level land use decisions have major consequences for 10 municipalities in resilience, the nature of our shared metropolitan landscape, and the 11 allocation of limited infrastructure resources; and 12 13 WHEREAS,urban sprawl has major negative impacts on residents, the 14 environment, and the urban landscape; and15 16 WHEREAS,the approval of new sprawl development on the urban periphery 17 requires the County government to dedicate tax revenue from existing communities to fund 18 the new infrastructure needed to meet minimum level of service capacity for these new 19 developments, thus redirecting critical County resources away from already developed areas 20 and communities that are in need of those resources; and 21 22 WHEREAS,municipalities within Miami-Dade County have an urgent need for 23 additional funds and resources to address existing transit, water management, and other vital 24 infrastructure; and25 26 WHEREAS,the low-lying agriculture and open space outside the Miami-Dade 27 County Urban Development Boundary forms a natural buffer from storm surge and flooding28 which protects County residents from those elements; and29 30 WHEREAS,new development on the County periphery falls outside existing public 31 transportation networks, resulting in over-reliance on existing highways and personal 32 vehicles for transportation, and increases the costs of servicing all Miami-Dade residents 33 with effective public transportation; and34 35 WHEREAS,a smart-growth strategy promotes infill development along established 36 public transportation routes adheres to established zoning principles and growth plans which 37 help to preserve the prosperity of individual municipalities; and 38 39 WHEREAS,adhering to a coherent development strategy rooted in smart-growth 40 principles minimizes harm to the environment, maximizes the benefits of new infrastructure 41 investments, and produces a more integrated and walkable urban landscape; and42 43 WHEREAS,Miami-Dade County possesses a unique topography characterized by 44 an elevated coastal ridge that runs through the center of the County, surrounded on the east 45 and west by low-lying and flood-prone open space; and 46 47 42795 Page 2 of 3 WHEREAS,given Miami-Dade County’s topography and exposure to flooding and 48 storm surge, development should be centered along the elevated coastal ridge, and avoided 49 along the low-lying periphery; and 50 51 WHEREAS,in recognition of the environmental and economic harm caused by 52 suburban sprawl, and the County’s distinctive topographical landscape, Miami-Dade 53 County established an Urban Development Boundary in 1983 beyond which dense urban 54 development is not permitted; and55 56 WHEREAS,growth management plans and tools designed to facilitate Smart-57 Growth often come under assault by individual parties seeking to gain exemption and 58 exception for their individual projects; and59 60 WHEREAS,the best interest of all municipalities is served when the County’s 61 elected leadership exerts restraint in approving new developments that do not adhere to 62 established sustainable-growth plans; and63 64 WHEREAS,the Hold the Line Coalition is an alliance of individuals, community 65 groups, businesses, municipalities, and organizations dedicated to responsible and 66 sustainable land management in Miami-Dade County; and67 68 WHEREAS,the Hold the Line Coalition has served as an effective means of 69 coordinating in favor of Smart-Growth principles and against the urban sprawl within 70 Miami-Dade County for over 25 years.71 72 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 73 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:74 75 Section 1.The foregoing recitals are hereby ratified and confirmed as being true 76 and correct and are hereby made a specific part of this resolution upon adoption hereof.77 78 Section 2.The Mayor and City Commission for the City of South Miami once 79 again endorses the principles of Smart Growth outlined in the City’s and County’s master 80 plans and encourages counties across the state to exercise restraint and judiciousness in 81 approving developments that conflict with established growth management plans.82 83 Section 3.The City of South Miami declares its membership in Miami-Dade 84 County’s Hold the Line Coalition.85 86 Section 4. Corrections. Conforming language or technical scrivener-type 87 corrections may be made by the City Attorney for any conforming amendments to be 88 incorporated into the final resolution for signature.89 90 Section 5. Severability.If any section clause, sentence, or phrase of this resolution 91 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the 92 holding will not affect the validity of the remaining portions of this resolution.93 94 43796 Page 3 of 3 Section 6. Effective Date.This resolution will become effective immediately upon 95 adoption.96 97 PASSED AND ADOPTED this ____ day of _____________, 2021.98 99 ATTEST:APPROVED:100 101 ___________________________________________102 CITY CLERK MAYOR103 104 READ AND APPROVED AS TO FORM, COMMISSION VOTE:105 LANGUAGE, LEGALITY, AND Mayor Philips:106 EXECUTION THEREOF Commissioner Harris:107 Commissioner Gil:108 Commissioner Liebman:109 _______________________Commissioner Corey:110 CITY ATTORNEY111 112 44797 Agenda Item No:5. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commissioners of the City of South Miami approving the Proclamation recognizing the week of September 17-23 as Constitution Week. 3/5 (Mayor Philips) Suggested Action: Attachments: Reso_re_Proclamation_for_Constitution_Week_2021 CArev.doc Proclamation_for_Constitution_week_2021_CArev.doc ConstitutionWeek-DAR (1).pdf 45798 Page 1 of 2 RESOLUTION NO. _______________1 2 A Resolution of the Mayor and City Commissioners of the City of South Miami3 approving the Proclamation recognizing the week of September 17-23 as 4 Constitution Week.5 6 WHEREAS,our Founding Fathers signed the Constitution of the United States on 7 September 17, 1787, establishing a framework for the foundation of our Nation’s prosperity and 8 liberties; and9 10 WHEREAS,this historic document is of central importance to our Nation and represents 11 the timeless and enduring truths that inform the basic institutions of the American republic; and 12 13 WHEREAS, September 17, 2021, marks the two hundred and thirty-fourth anniversary 14 of the drafting of the Constitution of the United States of America by the Constitutional 15 Convention; and16 17 WHEREAS,it is fitting and proper to accord official recognition to this magnificent 18 document and its memorable anniversary; and to the patriotic celebrations which will 19 commemorate the occasion; and 20 21 WHEREAS,in 1956, Constitution Week was commemorated by President Dwight D. 22 Eisenhower from September 17 through September 23 and intended to be celebrated annually; 23 and24 WHEREAS,Constitution Week in the City of South Miami provides our residents 25 opportunities to learn about the Constitution of the United States and reflect upon the unique 26 principles of our great Nation.27 28 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:30 31 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and they 32 are incorporated into this resolution by reference as if set forth in full herein.33 34 Section 2.The Mayor and City Commission for the City of South Miami hereby approve35 of the attached proclamation recognizing the week of September 17-23 as Constitution Week.36 37 Section 3.Corrections. Conforming language or technical scrivener-type corrections 38 may be made by the City Attorney for any conforming amendments to be incorporated into the 39 final resolution for signature.40 41 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 42 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will 43 not affect the validity of the remaining portions of this resolution.44 45 Section 5. Effective Date.This resolution will become effective immediately upon 46 46799 Page 2 of 2 adoption.47 48 PASSED AND ADOPTED this _____ day of ________________, 2021.49 50 ATTEST:APPROVED:51 52 ___________________________________________53 CITY CLERK MAYOR54 55 READ AND APPROVED AS TO FORM, COMMISSION VOTE:56 LANGUAGE, LEGALITY AND Mayor Philips:57 EXECUTION THEREOF Commissioner Harris:58 Commissioner Liebman:59 Commissioner Gil:60 _______________________Commissioner Corey:61 CITY ATTORNEY62 47800 PROCLAMATION WHEREAS,our Founding Fathers signed the Constitution of the United States on September 17, 1787, establishing a framework for the foundation of our Nation’s prosperity and liberties; and WHEREAS,this historic document is of central importance to our Nation and represents the timeless and enduring truths that inform the basic institutions of the American republic; and WHEREAS,September 17, 2021, marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS,it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS,in 1956, Constitution Week was commemorated by President Dwight D. Eisenhower from September 17 through September 23 and intended to be celebrated annually; and WHEREAS,Constitution Week in the City of South Miami provides our residents opportunities to learn about the Constitution of the United States and reflect upon the unique principles of our great Nation. NOW, THEREFORE,I, Sally B. Philips, Mayor, along with my colleagues of the City Commission: Commissioners Walter Harris, Josh Liebman, Luis Gil and Brian Corey do hereby proclaim, the week of September 17-23 as: “CONSTITUTION WEEK” in the City of South Miami, Florida. We further and urge all residents to study the Constitution and reflect on the honor of being an American with all the rights, privileges and responsibilities that being an American involves. SIGNED and the OFFICIAL SEAL of the City of South Miami, Florida, affixed Hereto this 7th day of September 2021. ________________________________ Sally B. Philips, Mayor 48801   www.dar.org   The Daughters of the American Revolution is a non-profit, non-political volunteer women’s service organization. DAR members are dedicated to promoting historic preservation, education and patriotism in communities across the nation. All students are invited to participate and learn more about the educational programs the DAR offers. Educators, parents and students are encouraged to contact their local DAR chapters for more detailed information on these programs. For more information please contact: DAR Chapter: ___________________________________________________ Contact Name: __________________________________________________ Phone Number: _________________________________________________ Email: _________________________________________________________ Educational Programs Constitution Week The United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties and freedoms and to ensure those unalienable rights to every American. The tradition of celebrating the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the US Congress and signed into public law on August 2, 1956 by President Dwight D. Eisenhower. The aims of the celebration are to:  Emphasize citizen’s responsibilities for protecting and defending the Constitution.  Inform people that the Constitution is the basis for American’s great heritage and the foundation for our way of life.  Encourage the study of the historical events which led to the framing of the Constitution in September 1787. Constitution Week is a great time to learn more about this important document and celebrate the freedoms it gave us. Get involved by encouraging young people to sign the Constitution Week Proclamation Pledge and ask your local community officials to issue a proclamation about Constitution Week. For additional information about Constitution Week, please contact your local DAR chapter or visit DAR.org.               49 Coral Gables Chapter Dana Outlaw-Pezoldt 813-598-8487 cell or home 305-971-8420 danaoutlaw@gmail.com or danap@miamidade.gov 802 Agenda Item No:5a. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commissioners of the City of South Miami proclaiming September 2021 as Childhood Cancer Awareness Month in the City of South Miami. 3/5 (Mayor Philips) Suggested Action: Attachments: Res_ChildhoodCancer_Proclam2021CArev.docx Proclamation_-_Childhood_Cancer_2021 CArev.docx 50803 Page 1 of 2 RESOLUTION NO.______________________1 2 A Resolutionof the Mayor and City Commissioners of the City of South Miami3 proclaiming September 2021 as Childhood Cancer Awareness Month in the 4 City of South Miami.5 6 WHEREAS, childhood cancer is the leading cause of death by disease in children; and7 8 WHEREAS, too many children are affected by this deadly disease and more must be done 9 to raise awareness and find a cure; and10 11 WHEREAS, 1 in 285 children in the United States will be diagnosed by their 20th birthday12 with childhood cancer; and13 14 WHEREAS, 15,780 children annually are diagnosed with cancer in the U.S.; and15 16 WHEREAS, there are approximately 40,000 children on active treatment for childhood 17 cancer at any given time; and18 19 WHEREAS, the average age of cancer diagnosis among children is 6 years old, compared 20 to 66 years for adults; and21 22 WHEREAS, 80% of childhood cancer patients are diagnosed late and with metastatic 23 cancer; and24 25 WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions as 26 a result of their treatment toxicity, with one quarter being classified as severe to life-threatening;27 and28 29 WHEREAS, in the last 20 years only four new drugs have been approved by the FDA to 30 specifically treat childhood cancer.31 32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:34 35 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 36 correct and are hereby made a specific part of this resolution upon adoption hereof.37 38 Section 2.The Mayor and City Commissioners of the City of South Miami hereby 39 proclaim September 2021 as Childhood Cancer Awareness Month in the City of South Miami and 40 approve of the attached proclamation.41 42 Section 3.Corrections.Conforming language or technical scrivener-type corrections 43 may be made by the City Attorney for any conforming amendments to be incorporated into the final 44 resolution for signature.45 46 Section 4.Severability.If any section clause, sentence, or phrase of this resolution is 47 51804 Page 2 of 2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will 48 not affect the validity of the remaining portions of this resolution.49 50 Section 5.Effective Date. This resolution will become effective immediately upon 51 adoption.52 53 PASSED AND ADOPTED this _____ day of ______________________, 2021.54 55 ATTEST:APPROVED:56 57 ___________________________________________58 CITY CLERK MAYOR59 60 READ AND APPROVED AS TO FORM, COMMISSION VOTE:61 LANGUAGE, LEGALITY, AND Mayor Philips:62 EXECUTION THEREOF Commissioner Harris:63 Commissioner Liebman:64 Commissioner Gil:65 _______________________Commissioner Corey:66 CITY ATTORNEY67 52805 PROCLAMATION Childhood Cancer Awareness Month WHEREAS,childhood cancer is the leading cause of death by disease in children; and WHEREAS,1 in 285 children in the United States will be diagnosed by their 20th birthday; and WHEREAS,43 children per day and 15,780 children annually are diagnosed with cancer in the U.S.; and WHEREAS,there are approximately 40,000 children on active treatment at any given time; and WHEREAS,the average age of cancer diagnosis among children is 6 years old, compared to 66 years for adults; and WHEREAS,80% of childhood cancer patients are diagnosed late and with metastatic cancer; and WHEREAS,on average there’s been a 0.6 percent increase in incidence per year since the mid 1970’s resulting in an overall incidence increase of 24 percent over the last 40 years; and WHEREAS,two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to life-threatening; and 53806 WHEREAS,approximately one half of childhood cancer families rate the associated financial burden due to out-of-pocket expenses as considerable to severe; and WHEREAS,in the last 20 years only four new drugs have been approved by the FDA to specifically treat childhood cancer; and WHEREAS,the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; and WHEREAS,hundreds of non-profit organizations at the local and national level including the American Childhood Cancer Organization are helping children with cancer and their families cope through educational, emotional, and financial support; and WHEREAS,researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer; and WHEREAS,too many children are affected by this deadly disease and more must be done to raise awareness and find a cure. NOW, THEREFORE, I, Sally B. Philips, Mayor along with my colleagues of the City Commission: Commissioners Walter Harris, Josh Liebman, Luis Gil, and Brian Corey do hereby proclaim September 2021 as: “Childhood Cancer Awareness Month” in the City of South Miami, Florida. We further urge all citizens throughout the City of South Miami to join with us in observing Childhood Cancer Awareness Month and supporting this cause that so deeply impacts families in every community across our country. SIGNED and the OFFICIAL SEAL of the City of South Miami, Florida, affixed hereto this 7th day of September 2021. _________________________________________ Sally B. Philips, Mayor 54807 Agenda Item No:6. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Andrea Gaitan Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution to budget; authorizing a transfer of $14,839 from the City Manager General Contingency account to the Motor Pool Maintenance and Repair-Outside Services. 3/5 (City Manager-Public Works Dept.) Suggested Action: Attachments: Memo-Transfer_of_Money_08-2021.docx Reso-_Transfer_of_Money.doc 55808 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission VIA:Shari Kamali, City Manager DATE:September 07, 2021 SUBJECT:A Resolution relating to budget; authorizing a transfer of $14,839 from the City Manager General Contingency account to the Motor Pool Maintenance and Repair Outside Services. BACKGROUND:It is requested that the budget for Motor Pool Maintenance and Repair outside services increased by $14,839 from account No. 001.1310.513.9920 (City Manager General Contingency) with a current balance of $66,781. This request is to help fund the costs associated with the installation of a new rotary four post lift located at 4795 SW 75th Ave (Public Works-Motor Pool). It is necessary for the City to replace the current lift which is no longer safe or operable. TRANSFER AMOUNT:$14,839. TRANSFER FROM: Account number 001.1310.513.9920 City Manager General Contingency with a current balance of $66,781. TRANSFER TO: Account number 001.1760.519.4680 Motor Pool Maintenance and Repair Outside Services with a current balance of $4,565. 56809 Page 1 of 2 RESOLUTION NO. _________________1 2 A Resolution to budget; authorizing a transfer of $14,839 from the City 3 Manager General Contingency account to the Motor Pool Maintenance and 4 Repair-Outside Services.5 6 WHEREAS,it is requested that the budget for Motor Pool Maintenance and Repair -7 Outside Services be increased by $14,839 from account No.001.1310.513.9920 City Manager 8 General Contingency; and9 10 WHEREAS,the funds will be used to pay for the costs associated with the installation of 11 a new rotary four post lift located at 4795 SW 75 th Ave (Public Works-Motor Pool); and12 13 WHEREAS,the Mayor and City Commission desire to transfer sufficient funds from14 account No. 001.1310.513.9920 City Manager General Contingency, with a current balance of 15 $66,781 to account No. 001.1760.519.4680, Motor Pool Maintenance and Repair-Outside 16 Services, with a current balance of $4,565.17 18 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 19 CITY OF SOUTH MIAMI, FLORIDA:20 21 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 22 correct and are hereby made a specific part of this resolution upon adoption hereof.23 24 Section 2.The City Manager is hereby authorized to transfer sufficient funds in the 25 amount of $14,839 from account No.001.1310.513.9920 City Manager General Contingency, 26 with a current balance of $66,781 to account No.001.176.519.4680, Motor Pool Maintenance27 and Repair- Outside Services, with a current balance of $4,565.28 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 for 34 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will35 not affect the validity of the remaining portions of this resolution.36 37 Section 5. Effective Date.This resolution will become effective immediately upon 38 adoption.39 40 PASSED AND ADOPTED this ____ day of _____________, 2021.41 42 ATTEST:APPROVED:43 44 57810 Page 2 of 2 ___________________________________________45 CITY CLERK MAYOR46 47 READ AND APPROVED AS TO FORM, COMMISSION VOTE:48 LANGUAGE, LEGALITY, AND Mayor Philips:49 EXECUTION THEREOF Commissioner Harris:50 Commissioner Gil:51 Commissioner Liebman:52 _______________________Commissioner Corey:53 CITY ATTORNEY54 58811 Agenda Item No:7. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Andrea Gaitan Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to purchase goods and services from Napa Tools and Equipment for the purchase, delivery, and installation of a new rotary four post lift for Public Works Department. 3/5 (City Manager-Public Works Dept.) Suggested Action: Attachments: Memo-_Rotary_Four_Post_lift_2021-1.docx_a.docx Reso-_Rotary_Lift_2021-1.doc Napa_Tools___Equipment_Quote_08-2021.pdf Flamingo_Shop_Serv_Quote_08-2021.pdf Newman_Equipment_Inc._Quote_08-2021.pdf 59812 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission VIA:Shari Kamali, City Manager DATE:September 07, 2021 SUBJECT:A Resolution authorizing the City Manager to purchase goods and services from Napa Tools & Equipment for the purchase, delivery, and installation of a new rotary four post lift for the Public Works Department. BACKGROUND:The unit in need of replacement is an18-year-oldunit that is no longer operable and used by the Motor Pool division to make repairs to City vehicles. The maintaining of the aging unit is no longer effective. Competitive proposals were sought from (3) different sources of supply; Napa Tools & Equipment was the lowest and most responsive vendor. Warranty includes one year for parts and labor. AMOUNT: Not to exceed $14,839. ACCOUNT: The total expenditure shall be charged to account number 0011760-5194680 with the current balance of $4,565. A budget transfer has been requested by way of another resolution to increase the account funds for this project. ATTACHMENTS:Resolution Proposals Please find below a breakdown of the quotes provided: Napa Tools & Equipment $14,839 Flamingo Shop Serv.$16,148 Newman Equipment Inc. $18,818 60813 Page 1 of 2 RESOLUTION NO. _________________1 2 A Resolution authorizing the City Manager to purchase goods and services from3 Napa Tools and Equipment for the purchase, delivery, and installation of a new4 rotary four post lift for Public Works Department.5 6 WHEREAS, the Motor Pool division uses the rotary four post lift for repairs on City 7 vehicles. The rotary lift while at extended heights allows the mechanics to safely work under 8 vehicles, to make repairs; and9 10 WHEREAS,the unit in need of replacement is a 18-year-old unit that is no longer 11 operable or in safe conditions; and12 13 WHEREAS, Public Works department sought from three different sources of supply, for 14 the installation of a new rotary four post lift for the Motor Pool division; and15 16 WHEREAS, Napa Tools and Equipment was the lowest and most responsive bidder and it 17 includes a one year warranty for parts; and18 19 WHEREAS, the proposal amount is not to exceed $14,839 and will be charged to the 20 account number 0011760-5194680 with the current balance of $4,565. A budget transfer has 21 been requested by way of another resolution to increase the account funds for this project.22 23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 24 CITY OF SOUTH MIAMI, FLORIDA:25 26 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 27 correct and are hereby made a specific part of this resolution upon adoption hereof.28 29 Section 2.The City Manager is hereby authorized to purchase goods and services from 30 Napa Tools and Equipment for the purchase of a new rotary four post lift for a total amount not 31 to exceed $14,839 charged to account number 0011760-5194680 with the current balance of 32 $4,565.33 34 Section 3. Corrections.Conforming language or technical scrivener-type corrections 35 may be made by the City Attorney for any conforming amendments to be incorporated into the 36 final resolution for signature.37 38 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 39 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will40 not affect the validity of the remaining portions of this resolution.41 42 Section 5. Effective Date.This resolution will become effective immediately upon 43 adoption.44 61814 Page 2 of 2 45 PASSED AND ADOPTED this ____ day of _____________, 2021.46 47 ATTEST:APPROVED:48 49 ___________________________________________50 CITY CLERK MAYOR51 52 READ AND APPROVED AS TO FORM, COMMISSION VOTE:53 LANGUAGE, LEGALITY, AND Mayor Philips:54 EXECUTION THEREOF Commissioner Harris:55 Commissioner Gil:56 Commissioner Liebman:57 _______________________Commissioner Corey:58 CITY ATTORNEY59 62815 63816 Tools & Equipment Quote Sheet SALES REP NAME : PHONE: 305-9 72 -7614 EMAIL: tsaladrigas@nawilliams.com TONY SALADRIGAS RTY SM14N101YBL ROTARY 4 POST 14K LIFT $16 ,567.80 $5 ,980.12 $5 ,980.12 2 RTY RJ7100YM ROTARY 7K ROLLING JACKS $3 ,329.12 $6 ,658.24 LABOR INS TAL L & REMOVAL ONLY $2 ,200 .00 $2 ,200 .00 INSTALL AND ANCHORING OF LIFT REMOVAL OF OLD LIFT/ NO DISPOSAL NO CONCRETE WORK IN CLUDED NO CONCRETE PATCH WORK IN CLUDED NO ELECTRICAL WORK INCLUDED NO AIR WORK INCLUDED NO PERMITS IF REQ. ARE INCLUDED ALL OTHER WORK WILL BE QUOTED SEPARATE 64817 r.1,,\.:-.,: Ni :,a•1FR -~('-5 :.~~,~~ '2::;l,l, l~.:-f! ,-·th( ~(!~,. •.. ~~?-5b"C: ~_;,··,,/1~, ~ & ~FP/•.;q ::t.::: 9:~·-:~f:37 1 w, r ; ~c-' 1):.2: -.. ,.:r;:c: ')'0 S.O!.. l. I ..-.:-..:n::::~:'-.:-'$ -~1•. ( • ..(";:~ };:·.1,:J'] ; r ,'\, I' -'_-•,;. ... ~.Q ,\-:"'r""'--;-1 ... -·:: ·~rcr· J,"i~ : • ('..C. ~;s)-.::.c:::, City of South Miami 4795 SW 75 Ave MIAMI FL. 33155 QTY PART# 1 SM14N101Y 2 RJ7100YM 1 LI CON T RACT CON DITIONS DESCRIPTION ROTARY 14 ,000 LBS FOUR POST LIFT WHEEL BASE 182" CLOSED FRON T 208-230V SINGLE PHASE (FRE IGHT INCLUDED) 'SM/SMO14, Includes rubber adapter blocks REMOVE OLD LIFT AND INSTALL NEW LIFT W/FORK LIFT RENTAL AND HYO O IL INCLUDED 'ELECTRICAL BY OTHERS 'CONCRETE MOST M EET MANUFACTURER SPECIFICATION This quote is only for the work specifically descr ibed above. SALES REP GUST NO. TERMS DATE QUOTE AMOUNT VOTE OSCARC. 109139 NET30 8/4/2021 CUSTOMER CONTACT EDDY TORRES CUST OMER PHONE 305-519-6785 Proposal Valid 30 Days in US Dollars List NET UNIT PRICE AMOUNT $ 6,509.76 $6,509 .7 6 $ 3,623.97 $7,247 .93 $ 2,390.00 $2,390.00 SUBTOTAL 16,147.69 0.00% TAX 0 .00 TOTAL $16,147.69 0.00% Job Deposit $0 .00 NEEDED Purchase Ord# Al l electrica l wo rk is th e responsib ility of the customer. Flamingo is not respons ibl e for damage to underground utilities . Warra nty is Ma nufacturer's staled warranty. Warra nty on Labor is 90 days unless stated ot herwise but no longer than 365 days. Flamingo Shop Servis not responsible for damage to pipin g from outside agents including electroysis and rust. Co nc ret e fioor must be struclu rally sound , level , and meet Mfg.'s requ iremen ts for installation s of lifts. Initials GROUND CONDITIONS LIKE SUGAR SAND, HIGH WA TER TAB LE, WEL L PO INTS, SOLID ROCK , ETC. WI LL BE TIME & MATERIALS EXTRA. 8/4/2021 Page 1 of 2 65818 All prices quoted without Florida Sales Tax, Florida Pollution Tax, and Freight unless explicitly noted. Equipment installations do not indude electrical work, permits, time to acquire permits, engineering, or engineering drawings. Terms: 100% OF EQUIPMENT BALANCE DUE WITHIN 10 DAYS OF DELIVERY TO SITE! LABOR BALANCE BILLED MONTHLY AS COMPLETED AND DUE WITHIN 10 DAYS! Delivery of goods is dependent on Manufacturers' ability. Flamingo is not responsible equipment ship dates. RESTOCKING FEE: Manufactures policy or 15%, whichever is higher+ an freight coming and going. Flamingo may, at its election waive this fee if we are stocking the item on a forward going basis. Prices subject to Manufacturers Cost Changes. Prices for equipment can only be guaranteed if prepaid with order. State Certified Pollutant Storage Systems Contractor #0516212. Slate Certified Mechanical Contractor #627069. Customer Contact Info Email Telephone Printed Name Title Customer's Acceptance of Quote Signature THANK YOU FOR YOUR BUSINESS! 8/4/2021 Initials Initials Cell Phone Page 2 of 2 66819 NEWMAN EQUIPMENT INC. P.O.BOX635 INGLIS, FL 34449-0635 TEL: 305-252-9949 F A.,Y 305-252-9904 Name/ Address CITY OF SOlf11J MIAMI Item Description ROT/\RY SM14NI0IY, 14,000 L.B. CAPACflY FOUR POST CLOSED FRONT LIIT, 182" MAX. WHEELDASE STEF.L SURCUA •. STEt:I. SURCHARGE Freight Cbarces Shipping and Hunc.lling ROTARY FJ7JOOYM, 7,000 LB. CAPACITY ROLLlNG JACK STHIII. SURCHA ... STff.:.L SURCHARGE Freight Churges Shipping and Handling EQUIPMENT RE ... RENTAL OF FORKLIFT LABOR REMOVc.EXISTil'1O4 POSTLIIT AND DISPOSE OF lABOR INSTALL NEW SM14 LIFT wrm ROI.LING .TACKS NOTES ABOVE PRICING DOES NOT INCLUDE PLANS AND PERMIT FEES, ENGINEERED DRAWINGS OR ELECTRICAL WORK. PRICES QUOTED FOR INSTALLATION ACCOR! )ING TO MANUFACTURRR'S SPECIFlCATIONS. NO CONCllli"fE WORK OF ANY KIND INCLUDED. CONC.'RETE FLOOR MUST BE STRlJCTURALL Y S01.Th1), LEVEL, AND MEET MFG'S REQUJRI:MENTS FOR INSTALLATION. CONCRETE PADS AND EPOXY BOLTS, IF NECESSARY, WILL BE EXTRA. Plnns 1md permit foes. engiueen::d drawingi; and clti:Uicol hooku1> not included. Ship To Qty Estumate Date Estimate# 7/16/2021 1706 P.O.No. Rate Total 1 5,962.00 S,962.011 I 411.27 41J.27 l 519.86 519.86 2 3,319.00 6,638.00 2 228.95 457.90 2 289.41 578.82 I 750.00 750.00 _,.. I 1,000.00 1,000.00 1 2,500.00 2,500.00 0.00 0.00 Subtotal $18,817.85 Sales Tax (0.0%) $0.00 Total $18,817.85 Agenda Item No:8. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commissioners of the City of South Miami to allow the South Miami Library and non-profit organization, Showering Love, to host a mobile showering bus twice-a-month for homeless patrons of the library. 3/5 (Commissioner Corey) Suggested Action: Attachments: Reso_re_Showering_Love_for_homeless_patrons_of_library_3_.doc Grant letter - The Miami Foundation 2021.pdf 67820 Page 1 of 3 RESOLUTION NO. _________________1 2 A Resolution of the Mayor and City Commissioners of the City of South Miami3 to allow the South Miami Library and non-profit organization, Showering Love,4 to host a mobile showering bus twice-a-month for homeless patrons of the 5 library.6 7 WHEREAS, as of January 2020, Florida had an estimated 27,487 experiencing 8 homelessness on any given day, as reported by Continuums of Care to the U.S. Department of 9 Housing and Urban Development (HUD)1; and10 11 WHEREAS,one of the major challenges for homeless or housing insecure people is12 limited access to clean showers, laundry, and hand washing facilities; and13 14 WHEREAS, obstacles to personal hygiene associated with homelessness may increase 15 risk of infectious disease, increase risk of parasite infestation (i.e., body lice, fleas, head lice, and 16 scabies), increase risk of skin infections, and may also exacerbate chronic diseases, such as HIV 17 or diabetes, by posing barriers to treatment adherence2; and18 19 WHEREAS,during this time of the COVID-19 pandemic, the need for proper hygiene has 20 never been more critical; and21 22 WHEREAS, the ability to practice proper personal hygiene and self-care has been 23 identified as a positive contributor to mental health among persons experiencing 24 homelessness; and25 26 WHEREAS,access to regular showering and clean clothing, in particular, may also 27 increase likelihood of transitioning out of homelessness, through obtaining a job or a housing 28 placement3; and29 30 WHEREAS,Showering Love is a 501(c)(3) non-profit organization operating in Miami-31 Dade County that provides mobile showers, new undergarments, socks, and hygiene travel kits 32 and other supportive services for people who are housing insecure via “Grace,” a 44-foot 33 former Miami City Bus that has been converted into a completely self-contained mobile shower 34 transformative platform equipped with 2 private showers (1 of which is ADA compliant) and35 restroom facilities; and36 37 WHEREAS,Showering Love is able to make “Grace” (the “Bus”) available in the City of38 South Miami (“City”) community twice a month on Fridays between the hours of 9 AM to 1 PM;39 and40 1 https://www.usich.gov/homelessness-statistics/fl/ 2 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5580630/ 3 Ibid. 68821 Page 2 of 3 1 WHEREAS,the Bus is totally self-contained (NO additional water or electricity necessary)2 and is fully insured and comes with staff who are trained in working with the homeless 3 community; and4 5 WHEREAS,the process for guests of the Showering Love Bus is comprehensive: Guests 6 start off first with having their temperatures taken, are given masks, and have access to a hand 7 washing station. They then go to the nest table where they register, sign release of liability 8 forms and are given a shower number. They are provided a bag lunch and water. The guests are 9 given 10 minutes in a private complete bathroom. They receive new clothing, shorts, t-shirts, 10 socks, and underwear along with a hygiene kit. The guests are given hand sanitizer and foot 11 powder for their shoes. If a guest does not have shoes they are provided with a new pair. When 12 it's raining, raincoats are provided. If the mosquitos are bad, repellent is provided. During the13 summer, Showering Love are giving out sunscreen and hats. When the weather gets cooler,14 new blankets, jackets and gloves are given out. Depending on the temperature and weather,15 the items given to the needs of the guests vary. There is an outreach coordinator who works16 with the guests if they want or need resources; and17 18 WHEREAS,a possible location for the Bus would be the parking lot next to the South19 Miami Branch Library; and20 21 WHEREAS,Showering Love is able to provide a much-needed resource for those less22 fortunate in the community at no-cost to the City other than the loss of the parking fees that23 would be generated during the period of use.24 25 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 26 CITY OF SOUTH MIAMI, FLORIDA:27 28 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 29 correct and are hereby made a specific part of this resolution upon adoption hereof.30 31 Section 2.The City Manager is authorized to negotiate and enter into an agreement32 with the South Miami Library, Miami-Dade County and non-profit organization, Showering 33 Love, to host a mobile showering bus twice-a-month for homeless patrons of the library. The34 Commission waives any fees associated with this event.35 36 Section 3. 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 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 41 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will42 not affect the validity of the remaining portions of this resolution.43 44 69822 Page 3 of 3 Section 5. Effective Date.This resolution will become effective immediately upon 1 adoption.2 3 PASSED AND ADOPTED this ____ day of _____________, 2021.4 5 ATTEST:APPROVED:6 7 ___________________________________________8 CITY CLERK MAYOR9 10 READ AND APPROVED AS TO FORM, COMMISSION VOTE:11 LANGUAGE, LEGALITY, AND Mayor Philips:12 EXECUTION THEREOF Commissioner Harris:13 Commissioner Gil:14 Commissioner Liebman:15 _______________________Commissioner Corey:16 CITY ATTORNEY17 70823 miamifoundation.org • Leadership | Community | Philanthropy     June 16, 2021 Jeanne Albaugh CEO Showering Love Inc. Sent via e-mail to: CEO@ShoweringLove.org Dear Jeanne, Congratulations! The Miami Foundation has approved a $10,000.00 Mission Building Support grant to Showering Love Inc. through the Access to Health and Wellness category of our 2021 Community Grants Program. We recognize your organization’s dedication to advancing equitable opportunities in Greater Miami and to building progress together with local residents. Community Grants is made possible by generous donors who work with the Foundation to build endowment funds that are permanent community resources. This year, we are also incredibly grateful to The Frederick A. DeLuca Foundation that partnered with The Miami Foundation in support of Community Grants, enabling us to invest additional resources throughout Greater Miami. The terms and conditions of this grant are contained in the attached grant agreement. The grant is to be used for the following purpose: To support the organization's mission to restore dignity, hope, and health to people experiencing homelessness by providing mobile showers, sanitation and other supportive services. Please return the signed grant agreement and electronic payment information by Monday, June 28, 2021, via Submittable using the Submit your Grant Agreement and Payment Information form. Please send any grant-specific questions to Valerie Crum, Program Officer, at vcrum@miamifoundation.org. Please send any Submittable or payment-related questions to paymentrequest@miamifoundation.org. Congratulations on behalf of The Miami Foundation. We are incredibly proud to work with you and look forward to our partnership. Sincerely, Rebecca Fishman Lipsey President and CEO 40 NW 3rd Street Suite 305 Miami, FL 33128-1838 305.371.2711 71824 Agenda Item No:9. City Commission Agenda Item Report Meeting Date: September 7, 2021 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 65th Avenue between SW 50th Street and SW 51st Terrace. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo_Speed_hump_SW65av_9-1-21.docx Reso Speed hump SW65av 9-1-21.docx SPEED TABLE CONTRACT MAGGOLC 8.19.21---.pdf RFP for SW 65 Ave btwn 50st & 51tr.pdf Speed Table 2-.pdf Amendment No.1 to the Intergovernmental Agreement EXECUTED.pdf SW 65 Ave (50st-51tr) Res Ltr.pdf 72825 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:September 7, 2021 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 65 th Avenue between SW 50th Street and SW 51st Terrace. BACKGROUND:The City desires to provide traffic calming devices to convey speed reduction and safety to the Twin Lake neighborhood. The City 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 residents provided the survey in concurrence to implement a traffic calming measure on SW 65 th Avenue between SW 50th Street and SW 51st Terrace. To convey speed reduction and safety, the City developed constructionscope documentsfollowing Miami-DadeCounty Standards for the construction of a traffic speed table at SW 65th Avenue between SW 50th Street and SW 51st Terrace. Quotes were solicited from several contractors the second week of August 2021. The City received a total of four (4) proposals. Pursuant to review, it was determined that Maggolc Inc., was the most responsive bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Maggolc Inc.$7,500.00 Perrin International Services, Inc.$10,242.00 Metro Express, Inc.$14,022.00 A contingency amount of $500 will be included over the proposal amount of $7,500 to address for unknown factors that may arise during the work. AMOUNT:Amount not to exceed $8,000 which includes $500 for contingency. FUND &ACCOUNT:The expenditure shall be charged $8,000 to the People’s Transportation Tax Fund account number 124-1730-541-6490 with a current balance of $310,276.95. ATTACHMENTS:Resolution Construction Contract with Exhibits Maggolc Inc., Bid Documents Miami-Dade County Amendment#1 to the Intergovernmental Agreement Resident Survey 73826 Page 1 of 2 RESOLUTION NO.:______________________1 2 A Resolution authorizing the City Manager to negotiate and enter into a contract with 3 Maggolc, Inc., for the construction of a traffic calming speed table at SW 65th Avenue 4 between SW 50th Street and SW 51st Terrace.5 WHEREAS, the City Mayor and Commission desire to provide traffic calming devices to convey 6 speed reduction and safety to the Twin Lake neighborhood; and 7 WHEREAS, the Twin Lake Traffic Calming Project has been budgeted in the Capital Improvement 8 Program section of the City’s budget; and9 WHEREAS, the City executed an amendment to the Intergovernmental Traffic Agreement with 10 Miami-Dade County which allows the City responsibilities of certain traffic engineering functions; and11 WHEREAS, the City received a survey as required by the Miami-Dade County’s traffic flow 12 modifications and street closure procedures with concurrence from the residents of the area to install a 13 speed hump; and14 WHEREAS,to convey speed reduction and safety to the Twin Lake neighborhood, the City 15 developed construction scope documents following Miami-Dade County standards for the construction 16 of a traffic hump at SW 65th Avenue between SW 50th Street and SW 51st Terrace; and17 WHEREAS, quotes were solicited and the City received a total of four (4) cost proposal in response 18 to the solicitation; and19 WHEREAS,pursuant to a competitive selection process, it was determined that Maggolc Inc.,20 submitted a proposal in the amount of $ 7,500 that was the most cost effective; and21 WHEREAS, the City desires to provide a contingency of $500 over the proposal amount to address 22 for unknown factors that may arise during the work; and23 WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and 24 enter into a contract with Maggolc Inc, for the construction of a traffic calming speed table at SW 65th 25 Avenue between SW 50th Street and SW 51st Terrace for a total amount not to exceed $8,000 which 26 includes a $500 contingency.27 WHEREAS, the expense for this project shall be charged to the People’s Transportation Tax Fund 28 account number 124-1730-541-6490 with a current balance of $310,276.95.29 30 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF 31 SOUTH MIAMI, FLORIDA:32 Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and 33 are hereby made a specific part of this resolution upon adoption hereof.34 Section 2.The City Manager is authorized to negotiate the price, terms and conditions and to 35 execute a contract with Maggolc Inc., for the construction of a traffic calming speed table at SW 65th 36 74827 Page 2 of 2 Avenue between SW 50th Street and SW 51st Terrace for a total amount not to exceed $8,000. The City 1 Manager is authorized to expend up to $500 to address any condition that the contractor, using 2 reasonable diligence, could not have foreseen when formulating its bid. A copy of the approved form of 3 contract is attached. The expenditure shall be charged to the People’s Transportation Tax Fund account 4 number 124-1730-541-6490 with a current balance of $310,276.95.5 Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made 6 by the City Attorney for any conforming amendments to be incorporated into the final resolution for 7 signature.8 Section 4:Severability.If any section, clause, sentence, or phrase of this resolution is for any 9 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 10 the validity of the remaining portions of this resolution. 11 12 Section 5: Effective Date:This resolution will become effective immediately upon adoption. 13 14 PASSED AND ADOPTED this _____ day of_______________, 2021. 15 16 ATTEST: APPROVED: 17 18 ___________________________________________19 CITY CLERK MAYOR20 21 READ AND APPROVED AS TO FORM,COMMISSION VOTE: 22 LANGUAGE, LEGALITY, AND Mayor Philips: 23 EXECUTION THEREOF Commissioner Harris:24 Commissioner Gil:25 Commissioner Liebman:26 ___________________________Commissioner Corey: 27 CITY ATTORNEY28 29 75828 CONSTRUCTION CONTRACT CONSTRUCTION OF SPEED TABLE ALONG SW 65TH AVENUE BETWEEN SW 50TH STREET & SW 51 TERRACE BID #N/A THIS CONTRACT was made and entered into on this _________ day of _________________, 2021, by and between MAGGOLC, INC. (hereafter referred to as “Contractor”), and the City of South Miami (hereafter referred to as “Owner”), through its City Manager (hereafter referred to as “City”). . Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1.Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Document s and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2.The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties , the solicitation documents (“hereinafter referred to as “Bid Documents”) and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3.Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4.Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: 5. SEVENTY- FIVE THOUSAND Dollars ($7,500.00) (Spell Dollar Amount above) (“Contract Price”). 6.The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 7.If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 8.Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 9.The Work must be completed in 15 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $50.00 dollars per day, 10. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond (“Bond”) is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to 76829 subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the rece ipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 11.No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. 12. The date that this contract was “made and entered into” and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 13. All provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date setforth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: _MAGGOLC INC.___________________ Signature: ________________________________ Print Signatory’s Name: Mario Gonzalez _______________ Title of Signatory: _President_______________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ______________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 77 Mario Gonzalez Digitally signed by Mario Gonzalez Date: 2021.08.20 05:57:18 -04'00' 830 CONSTRUCTION CONTRACT GENERAL CONDITIONS CONSTRUCTION OF SPEED TABLE ALONG SW 65TH AVENUE BETWEEN SW 50TH STREET & SW 51 TERRACE BID #N/A ARTICLE 1 – DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of th e term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City’s consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER’s solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager’s designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager’s designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR’S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER’s designated representative as identified in the Supplementary Conditions. 78831 Day: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word “days” refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, referen ce standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT’S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT’s recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, C ity Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Policy: The term “policy” as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or 79832 a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor “punch list” items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by C ity Manager to be minor “punch list” work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term “Notice” as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representati ve of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 – PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond, if any are required by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant 80833 to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor’s Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the C ity Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one 81834 CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and ot her submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER’S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3–CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT’s attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean “furnish and install complete in place and ready for service”. 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 82835 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer’s literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a)Change Orders (b)Amendments/addenda to Contract (c)Supplementary Conditions, if any (d)Contract with all Exhibits thereto (e)General Conditions (f)Written or figured dimensions (g)Scaled dimensions (h)Drawings of a larger scale (i)Drawings of a smaller scale (j)Drawings and Specifications are to be considered complementary to each other ARTICLE 4 – AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities wi ll be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 83836 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 – INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as “Supervisor” at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of “As-Built” drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, 84837 will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be 85838 regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable , evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor’s contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone 86839 directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted b y an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 87840 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager’s sole and absolu te discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager’s Emergency Management powers set forth in Ch. 14 of the City’s Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of t he Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT’s review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 88841 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER’S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR’s subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying 89842 party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as “third parties”) owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for th eir work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and 90843 located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR’s Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR’s operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR’s own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR’s cost. 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. 91844 ARTICLE 8 – CITY’S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER’S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 – CONSULTANTS’ STATUS DURING CONSTRUCTION. City’s Representative: 9.1 CONSULTANT will be OWNER’S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER’S representative during construction are set forth in Articles 1 through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT’s decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move 92845 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT’s responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT’s Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. 93846 ARTICLE 11 – CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT’s determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available 94847 and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word “Subcontractor” will be substituted for the word “CONTRACTOR”. 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term “Cost of the Work” does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will 95848 be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR’s sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been ant icipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 96849 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 – GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment f urnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager’s option, solely for the follow-up concerning warranty compliance for all items under manufacturer’s Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a “purchase order”, or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien 97850 executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER’s title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor’s Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT’s approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT’s on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract 98851 Documents (subject to an evaluation of the Work as a functioning Project upon substan tial completion as defined in Article 1, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a)the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b)payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR’s payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has corrected Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR’s completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or empl oyees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the 99852 Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the proc ess of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER’s Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified (“Initial Certification”) by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager’s exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he 100853 repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price excee ds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days’ written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. 15.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days’ notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 101854 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT’s request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 – MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR 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 the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER’S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day’s written notice. 102855 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (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 the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as 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 the 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 the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the C ity Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision , including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 – SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 – INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 – ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER’S consent to the assignment of CONTRACTOR’s rights. The City Manager may, in the manager’s sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER’s requirements to the City Manager’s sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. 103856 ARTICLE 23 – FORCE MAJEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24 –E-VERIFY. 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors must register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the Ci ty for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, CONTRACTOR: _MAGGOLC INC._________ Signature: ___________________________ Print Signatory’s Name: _Mario Gonzalez___________ Title of Signatory: _President___________________ 104 Mario Gonzalez Digitally signed by Mario Gonzalez Date: 2021.08.20 05:59:05 -04'00' 857 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 105858 Supplementary Conditions CONSTRUCTION CONTRACT CONSTRUCTION OF SPEED TABLE ALONG SW 65TH AVENUE BETWEEN SW 50TH STREET & SW 51 TERRACE BID #N/A A.Consultant: In accordance with ARTICLE 1 of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER’s designated representative as identified in the Supplementary Conditions. CONSULTANT’s, if any, and OWNER’s Designated Representative’s name, address, telephone number and facsimile number are as follows: Consultant: N/A : B.Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another “person” to act as CONSULTANT. C.Plans for Construction: The successful CONTRACTOR will be furnished ___________ sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D.The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT 1, Attachments A TO THE REQUEST FOR QUOTE and if there is a conflict the attached Exhibit will take precedence. E.Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F.The Work must be completed in 15 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G.CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H.CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. I. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ____ day of ________________, 2021. CONTRACTOR: _MAGGOLC INC.______________ Signature: ______________________________ Print Signatory’s Name:_Mario Gonzalez___________________ Title of Signatory: __President______________________ 106 Mario Gonzalez Digitally signed by Mario Gonzalez Date: 2021.08.20 05:59:05 -04'00' 859 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: __________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 107860 EXHIBIT 2 CONSTRUCTION OF SPEED TABLE ALONG SW 65TH AVENUE BETWEEN SW 50TH STREET & SW 51 TERRACE BID #N/A Insurance & Indemnification Requirements Insurance A.Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B.No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: 108861 • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a)Premises and Operation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion, Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g)Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a)Owned Vehicles. (b)Hired and Non-Owned Vehicles (c)Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A.In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B.All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 109862 Miscellaneous: A.If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B.All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C.The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D.Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1)a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2)a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E.If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in 110863 connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute and unfettered discretion. Indemnification Requirement A.FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B.FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C.FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D.FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E.FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F.However, as to design professional contracts, and pursuant to Section 725.08 (1), Florid a Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and 111864 costs, including, but not limited to, reasonable attorneys’ fees, to the extent cause d by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 112865 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 65th AVE BETWEEN SW 50th ST & SW 51 TERR Page 1 of 2 SCOPE OF WORK: Request for a cost proposal to install the proposed speed table along SW 65th Avenue between 5001/5020 in accordance with the latest requirement of the City of South Miami Public Works Department and Miami-Dade County Department of Public Works standard details. Construction cost proposal is inclusive of all labor, material and equipment necessary to perform the work. The scope includes but not limited to mobilization, MOT, City of South Miami Permit, milling, asphalt, RPM’s, thermoplastic striping, signs (furnished & installed), and As-Built by certified surveyor. 113 EXHIBIT 1 ATTACHMENT A 866 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 65th AVE BETWEEN SW 50th ST & SW 51 TERR Page 2 of 2 114867 115868 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property Is within the affected area and subject to concurrence vote. Please fill in the form below and ma il/fax it to the C ity at the Public Works Office or City Hall. A signed form may also be scanned and emailed to En gin eerl ng@ So uthM iarniF l.gov Please check the box below if you concur with the proposed traffic calm ing device . The photograph below illustrates as example of Speed hump at the following location : the speed hump being proposed. Driveways will not be obstructed . D SW 65 th Avenue between SW 50th Street and SW SI st Terrace I. ~&_____.r~k~n~'Al~VC~~~-~· of the property at ~5--=D_;:_a_l .=5 ...:....:.tJ_£ 5_4 _" ___.A__;_v-=lv>_J-<..-=----- [Owner/ Res~'s Name , Please Print] [Property Add ress] )( Do concur D Do not concur with the traffic calming dev ice checked above. Comments: Signature: _?Ji~..--7,---'-(----'-/~ ............ 8~-Date: 5// / Z / Please submit the survey by May 15, 2021 116869 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineeri 11g@ So uthM iamiF l.gQ1L Please check the box below if you concur with the proposed traffic calming device . The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D ri vew ays will not be obstructed . J SW 65 th Avenue between SW 50th Street and SW 51 st Terrace me, Please Print] Do concur □ Do not concu r with the traffic calming device checked above. Comments: Signature: ,;/2 1/? Date , 0 ~I ZZ/Z ( / I r , Please submit the survey by May 15, 2021 =~c:--:-=- 117870 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax (305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 5 I st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter Indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineering@SouthMiamlFl.gov Please check the box below if you concur with the proposed traffic calming device . The photograph below illustrates as example of Speed hump at the follow ing location : the speed hump being proposed . Driveways will not be obstructed. ~W 65 th Avenue between SW 50th Street and SW 51 st Terrace I, Rt Ck.Oro{ '"'To~ , of the property at [Owner/ Re sident's Name , Plea;rint] ~ Do concur i.J Do not concur with the traffic calming device checked above. Comments: Signature: ~O;-~•-~~-~-.-L~---------Date: 9::$;? Si-65 IJt;..p ,S,p,._f,_,(: [ProperttAddress] Please submit the survey by May 15, 2021 118871 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. {305) 663-6338 Fax {305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. {305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Englneering@SouthMlamlF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. Driveways will not be obstructed. D SW 65 th Avenue between SW 50th Street and SW 51" Terrace I, 1h-e.R-!LSA:GtK l V ~ -1-iklt(\ ((-{lo ... of the property at $;;),5 &w (e 5 Av l-,f\ u-6 [Owner/ Resident's Name, Please Print] [Property Address] £ Do concur J Do not concur with the traffic calming device checked above. Comments: Signature: ~ [)~ Date,~.aJ, Ja-.o.;.J Please submit the survey~ ay 15, 2021 119872 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall . A signed form may also be scanned and emailed to Engineering@SouthMiamiFl.gov Please check the box below if you concur with the proposed traffic calming device . The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. Driveways will not be obstructed. □ SW 65 th Avenue between SW 50th Street and SW 51" Terrace l, __ ~ ___ !)......._U-=---9...t_\-=---~----''ofthepropertyat '30(::)c:::> Sv <--< ~a [Ow ~esident's Name, Please Print] [Property Address] J ~on cur □ Do not concur with the traffic calming device checked above. Comments: se submit the survey by May I 5, 20 I 120873 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW sot1i Street and SW 5 I" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to FnginPPrine@<;r111 t hMi,1 miFl.gov Please check the box below if you concur with the proposed traffic calming device. I, Speed hump at the following location : ')(J SW 65 th Avenue between SW 50 th Street and SW 51" Terrace The photograph below illustrates as example of the speed hump being proposed. Driveways will not be obstructed. . ,1. C M~ (?.l ~ ,J J/1 r J() JZ.J/J '-Al It-~-I . . , of the property at _--=..<5J_C_tj-+-~~-._r ___ 0~J.......-_fB-f-"".1~f-~~ [Owner/ Resident's Name, Please Print] [Property Address] ft Do concur lJ Do not concur with the traffic calming device checked above. Comments: it the survey by May I 5, 2021 121874 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regard ing traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map . In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineeriog@SouthM lami Fl.go v Please check the box below if you concur with the proposed traffic calming device. Speed hump at the following location: □ SW 65 th Avenue between SW 50th Street and SW 51 st Terrace ,,--- The photograph below illustrates as example of the speed hump being proposed. D riv eways will not be obstructed. I, _,,,_4 _~--'-,,_rn--'-rd---'c;,'-------'~=--~--'----"-?M-'--er=---• of the property at ~ / Ov _{'c./ ?J"-1( J.J/ .f'J [Owner/ Res ident's No me, Please Print] [Property Address] d Do concur □ Do not concur with the traffic calming device checked above. Comments: Signature: __ Z ___ -.d~=--'-~-7 _· _______ Date : _<"" ~/2 tl~ I Please submit the survey by May 15, 2021 122875 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305)663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. {305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please flll in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Englneering@South Mi;:imlF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D rivew ays will not be obstructed. □ SW 65 th Avenue between SW 50th Street and SW 51 st Terrace JA b.t-)t/0-~(0lfv /"l)J 'Q,.i?C.:, the prope,ty ,...::,=--·,.,.,_r?_-';;>c;____;:5.>J~---'--"-b?=-----..;~)_v b ___ ___, [Owner/ Resident's Name, Please Print} [Property Address] fP Do concur □ Do not concur with the traffic calming device checked above. Comments: 123876 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineer ing@So ut hM famiF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location : the speed hump being proposed. D SW 65 th Avenue between SW 50th Street and SW 51 st Terrace ¥Do concur D Do not concur with the traffic calming device checked above . Comments: Driveways will not be obstructed. Signature:-;-+--.~..-=+-~--'---~---Date: -¾~!fa~~{_ Please submit the survey by May I 5, 2021 124 END OF SECTION 877 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663 -6338 Fax (305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW S I" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineer ing@South Ml amiFl .gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D ri ve w ays will not be obstructed. □ SW 65 th Avenue between SW 50th Street and SW SI st Terrace X Doconcur lJ Do not concur with the traffic calming device checked above. Comments: ' of the property at € Y~o \-\\,./ srxf }, JI,, Ith ',1m/ EZ . JJtrJ'- [Property Address] ENGINEERING CONTRACTOR – LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com PROPOSAL August 19, 2021 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 65th Ave between SW 50 ST & SW 51 Terr. 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: $ 7,500.00 Construcion Time: 15 days Thank You for the opportunity, Sincerely, Mario Gonzalez Maggolc Inc./ President 125 END OF DOCUMENT 878 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 65th AVE BETWEEN SW 50th ST & SW 51 TERR Page 1 of 2 SCOPE OF WORK: Request for a cost proposal to install the proposed speed table along SW 65th Avenue between 5001/5020 in accordance with the latest requirement of the City of South Miami Public Works Department and Miami-Dade County Department of Public Works standard details. Construction cost proposal is inclusive of all labor, material and equipment necessary to perform the work. The scope includes but not limited to mobilization, MOT, City of South Miami Permit, milling, asphalt, RPM’s, thermoplastic striping, signs (furnished & installed), and As-Built by certified surveyor. 126879 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 65th AVE BETWEEN SW 50th ST & SW 51 TERR Page 2 of 2 127880 ENGINEERING CONTRACTOR – LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com PROPOSAL August 19, 2021 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 65th Ave between SW 50 ST & SW 51 Terr. 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: $ 7,500.00 Construcion Time: 15 days Thank You for the opportunity, Sincerely, Mario Gonzalez Maggolc Inc./ President 128881 129882 CITY OF SOUTH MIAMI AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS AMENDMENT NO. 1 TO THIS INTERGOVERNMENTAL AGENCY AGREEMENT DATED SEPTEMBER 25, 2014 (the "Agreement") between the CITY OF SOUTH MIAMI, FLORIDA, a municipal corporation of the State of Florida (CITY), and MIAMI-DADE COUNTY (COUNTY), a pol iti cal subdivi si on of the State of Flo ri da, providing for the CITY to perform Traffic Engineering Functi ons ("Services") is entered into this 3}_ day of 7)eC.. , 2019. WITNESS ETH WHEREAS, pursuant to Section 2-95 and 2-96.1 of the Miami-Dade County Code mandate that all traffic control and traffic engineering services in Miami-Dade County are under the exclusive jurisdiction of the County; and WHEREAS, on September 25, 2014, pursuantto City Resolution No 155-14-14249, the CITY and the COUNTY entered into an Intergovernmental Agency Agreement for the City to perform certain traffic engineering functions; and WHEREAS, the CITY desired to assume responsibilities of certain traffic engineering functions pertaining to its local municipal streets only and has requested the COUNTY to allow it to perform the function of conducting engineering studies for the feasibility of traffic calming devices and installing traffic calming; and . WHEREAS, the COUNTY has approved the City to use any other comparative traffic calming criteria established and approved by the COUNTY; and WHEREAS, the City has the ability to plan, design, and perform construction inspection of Transportation Projects within its Public Works Department and has represented to the COUNTY that it is capable, equipped, and qualified to perform the duties and functions requested herein; and WHEREAS, the parties agree that once this Agreement is executed it shall supersede and replace the lnterlocal Agreement of September 25, 2014 between the parties; 130883 NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. Rec itals Adopted. The recitals set forth above are incorporated herein by reference and confirmed. 2. T raffic Control Devices. The City may install and maintain only the following designated types of traffic control devices (Traffic Control Devices), and only on those local municipal streets operated and maintained by the City of South Miami within its boundaries, and not less than 250 ft from existing traffic signals, County roadways, State roadways and the boundaries of the City limits; or within school zones , or adjacent to bicycle facilities ( except Sharrow) or hospitals: a) Traffic Circles b) Speed Humps c) Historic Street Name Signs d) In-Street Pedestrian Crossing Signs e) raised intersections 3. Installation. Traffic Calming Devices may be installed on local municipal streets only after sealed and signed design plans have been reviewed and received written approval by the City, through its City Manager or his/her designee, provided that such design plans utilize the standard County design, or the standard City design attached as Exhibit "A", no additional review or approval by DTPW shall be required before installation. To the extent that design plans deviate from the standard design attached as Exhibit "A", such plans shall be submitted to the County for its review and written approval. A copy of such design plans shall be submitted to the applicable Department of the County. For installation of traffic control devices (as described in section 2 of this agreement), the City shall hire a County licensed contractor or perform the work in-house by the City of South Miami Public Works crew. 131884 4. Decals. The City shall attach a decal to the back of the sign panels indicating ownership and date of installation. 5. Maintenance. The City assumes sole and complete responsibility for the maintenance of the Traffic Control Devices that are installed by the City within its boundaries. The City shall be responsible for the aesthetics of all installed Traffic Control Devices (e.g . peeling, graffiti, flyers, stickers, etc.). If the City fails to maintain the Traffic Control Devices, it shall be responsible for any and all costs incurred by the County to replace or remove them. 6. Liability and Indemnification. The City assumes sole and complete liability for any and all accidents, damages, and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, and hereby indemnifies to the extent allowed by 768.28, Florida Statutes, and saves harmless the COUNTY from any and all claims as a result of the installation, operation or maintenance of said traffic control devices. 7 . Standards. All Traffic Control Devices installed by the City in accordance with this Agreement shall conform to the applicable requirements established by the following publications including latest revisions: Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami-Dade County Public Works Standard Detail Manual (available from the Public Works and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128). A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO). Roundabouts: An Informational Guide, Federal Highway Administration, U~S. Department of Transportation. Florida Roundabout Guide, Florida Department of Transportation. 132885 8. Florida Bicycle Facilities Planning and Design Handbook, Florida Department of Transportation. Miami-Dade County Traffic Flow Modification(s)/Street Closure Procedure, Revised January 2009, or any other comparative criteria available to municipalities which have been approved by the County, with the decision to elect one option or the other to be determined at the City's discretion. Street Name Signs. Should the CITY install street name signs at the same site where a stop-top street name exists, then the CITY shall utilize the other corners of the intersection. Subsequently, the CITY shall remove the COUNTY's stop-top street name signs by an approved sign contractor. All signs and hardware removed shall be dismantled and returned to the Traffic Signals and Signs Division of the COUNTY's Public Works and Waste Management Department. 9. Public Records. The City shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 10. No Waiver of Sovereign Immunity. Notwithstanding any other term in this Agreement, nothing shall be deemed to be a waiver of either the City or the County's immunity or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 11. Termination. Either the City or the County may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and/or convenience of the terminating party, upon twenty (20) business days written notice; provided, however, that at the option of the County, the City shall continue to maintain, repair, and be responsible for any Traffic Control Devices installed by the City while this Agreement was in effect. Prior to the termination of this Agreement, however, the City may elect to remove any one or all Traffic Control Devices installed by the City; provided the City shall restore the roadway and area in which the Traffic Control Device was located 133886 to the condition that existed before the City's installation . 12. Failure to Comply with Agreement. Upon written notification by the COUNTY, the CITY shall immediately remove any Traffic Control Device, at the City's sole cost and expense that is not in compliance with the terms of this Agreement. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of this Agreement, at the sole discretion of the County upon five days' notice. 13. Headings. The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. 14. Ambiguities. The preparation of this Agreement has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 15. Entirety. This Agreement embodies the entire agreement between the Parties with respect to the matters addressed herein. Previous agreements and understandings of the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third party beneficiaries are created with respect to any claims against the County by virtue of this Agreement. 16. Amendments. This Agreement may be amended, modified, or altered , and its material provisions may be waived, only by written instrument, and only if properly executed by all parties hereto. 17. Effective Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all parties hereto. 18. Execution. This Agreement may be executed in one or mor~ hard or e.lectronic -.. : 134887 counterparts, which, when taken together, shall constitute one fully executed instrument. 19. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom ft is intended, at the place specified. The method of delivery shall be consistent among all of the persons listed herein. For the present, the Parties designate the following as the respective places for notice purposes: TO COUNTY : TO CITY : Alice N. Bravo, DTPW Director 701 NW 1st Court -Suite 1700 Miami, FL 33136 City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. Attest: HARVEY RUVIN, CLERK 135888 County Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney Attest: CITY OF SOUTH MIAMI By ¾a.-P~ City Clerk Approved as to form, legality and execution thereof: City Attorney 136889 137890 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property Is within the affected area and subject to concurrence vote. Please fill in the form below and ma il/fax it to the C ity at the Public Works Office or City Hall. A signed form may also be scanned and emailed to En gin eerl ng@ So uthM iarniF l.gov Please check the box below if you concur with the proposed traffic calm ing device . The photograph below illustrates as example of Speed hump at the following location : the speed hump being proposed. Driveways will not be obstructed . D SW 65 th Avenue between SW 50th Street and SW SI st Terrace I. ~&_____.r~k~n~'Al~VC~~~-~· of the property at ~5--=D_;:_a_l .=5 ...:....:.tJ_£ 5_4 _" ___.A__;_v-=lv>_J-<..-=----- [Owner/ Res~'s Name , Please Print] [Property Add ress] )( Do concur D Do not concur with the traffic calming dev ice checked above. Comments: Signature: _?Ji~..--7,---'-(----'-/~ ............ 8~-Date: 5// / Z / Please submit the survey by May 15, 2021 138891 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineeri 11g@ So uthM iamiF l.gQ1L Please check the box below if you concur with the proposed traffic calming device . The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D ri vew ays will not be obstructed . J SW 65 th Avenue between SW 50th Street and SW 51 st Terrace me, Please Print] Do concur □ Do not concu r with the traffic calming device checked above. Comments: Signature: ,;/2 1/? Date , 0 ~I ZZ/Z ( / I r , Please submit the survey by May 15, 2021 =~c:--:-=- 139892 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax (305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 5 I st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter Indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineering@SouthMiamlFl.gov Please check the box below if you concur with the proposed traffic calming device . The photograph below illustrates as example of Speed hump at the follow ing location : the speed hump being proposed . Driveways will not be obstructed. ~W 65 th Avenue between SW 50th Street and SW 51 st Terrace I, Rt Ck.Oro{ '"'To~ , of the property at [Owner/ Re sident's Name , Plea;rint] ~ Do concur i.J Do not concur with the traffic calming device checked above. Comments: Signature: ~O;-~•-~~-~-.-L~---------Date: 9::$;? Si-65 IJt;..p ,S,p,._f,_,(: [ProperttAddress] Please submit the survey by May 15, 2021 140893 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. {305) 663-6338 Fax {305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. {305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Englneering@SouthMlamlF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. Driveways will not be obstructed. D SW 65 th Avenue between SW 50th Street and SW 51" Terrace I, 1h-e.R-!LSA:GtK l V ~ -1-iklt(\ ((-{lo ... of the property at $;;),5 &w (e 5 Av l-,f\ u-6 [Owner/ Resident's Name, Please Print] [Property Address] £ Do concur J Do not concur with the traffic calming device checked above. Comments: Signature: ~ [)~ Date,~.aJ, Ja-.o.;.J Please submit the survey~ ay 15, 2021 141894 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map . In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engineering@SouthMiamiFl.gov Please check the box below if you concur with the proposed traffic calming device . Speed hump at the following location : □ SW 65th Avenue between SW 50th Street and SW 51 st Terrace The photograph below illustrates as example of the speed hump being proposed. Driveways will not be obstructed. l, __ t'-'\ __ C:-..._!)~V_Su_\~~---~·ofthepropertyat '30()-0 Sv c.< ~a [Ow~esident's Name, Please Pr int] [Property Address] 0 ~con cur □ Do not concur with the traffic calming device checked above. Comments : se submit the survey by May 15, 20 I 142895 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax (305) 668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 5 I" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to FnginPPrine,@<;rn 1t hMi;i miFl.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. Driveways will not be obstructed. xr-SW 65 th Avenue between SW 50th Street and SW 51 st Terrace I, . ,,1-< M~'2l ~ ,J Vt (ft/) JZJIJ VII I}~-I --, of the property at --=....,,__,5"3_-0;_tj4--''{"=-----...S __ ____,,,0 "'-J;;;;;___.,,..___..~-+-M-,J'--'f._~L.--> [Owner/ Resident's Name, Please Print] [Property Address] ){ Do concur 0 Do not concur with the traffic calming device checked above. Comments: s--f-2J it the survey by May I 5, 2021 143896 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51 st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Eng ineeri['lg@SouthM lan,iF l.gov Please check the box below if you concur with the proposed traffic calming device. Speed hump at the following location: □ SW 65 th Avenue between SW 50 th Street and SW 51 st Terrace -- The photograph below illustrates as example of the speed hump being proposed. D ri vew ays will not be obstructed. 1, _,,,_-/-_.v_,-._ll'?_'n_rd~c-~~~~-~~~er~-· of the property at S'" / Cc) _{(/ t:S--J( J..31 _jJ [Owner/ Resident's Name, Please Print} [Property Address] r/ Do concur □ Do not concur with the traffic calming device checked above . Comments: Signature: __ r_-------,_,,.,.Z',,-"-'-'--'--,~-z-· _______ Date : ~ ~ /2 t.J~ I Please submit the survey by May 15, 2021 144897 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305)663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. {305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please flll in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Englneering@South Mi;:imlF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D rivew ays will not be obstructed. □ SW 65 th Avenue between SW 50th Street and SW 51 st Terrace JA b.t-)t/0-~(0lfv /"l)J 'Q,.i?C.:, the prope,ty ,...::,=--·,.,.,_r?_-';;>c;____;:5.>J~---'--"-b?=-----..;~)_v b ___ ___, [Owner/ Resident's Name, Please Print} [Property Address] fP Do concur □ Do not concur with the traffic calming device checked above. Comments: 145898 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. (305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 51" Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Eng ineer ing@So ut hM famiF l.gov Please check the box below if you concur with the proposed traffic calming device. The photograph below illustrates as example of Speed hump at the following location: the speed hump being proposed. D SW 65 th Avenue between SW 50th Street and SW 51 st Terrace ¥Do concur D Do not concur with the traffic calming device checked above. Comments: Driveways will not be obstructed. Signature:-;~~,,..=.+-~--'---~---Date: -¾./--+-f /4___,~{_ Please submit the survey by May 15, 2021 146899 South Miami City Hall 6130 Sunset Drive Miami, Fl 33143 Tel. {305) 663-6338 Fax(305)663-6345 THE CITY OF PLEASANT LIVING Public Works Office 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 403-2063 Fax(305)668-7208 The City of South Miami has received concerns from our residents regarding traffic and speeding along SW 65 th Avenue between SW 50th Street and SW 5 I st Terrace, as depicted in the map. In response to these concerns, a traffic calming device consisting of a speed hump is being proposed. Receipt of this letter indicates that your property is within the affected area and subject to concurrence vote. Please fill in the form below and mail/fax it to the City at the Public Works Office or City Hall. A signed form may also be scanned and emailed to Engi neer ing@So ut hMi amiFl .go v Please check the box below if you concur with the proposed traffic calming device . Speed hump at the following location: The photograph below illustrates as example of the speed hump being proposed. D ri ve w ays will not be obstructed. □ SW 65 th Avenue between SW 50th Street and SW 51 st Terrace I, S-ff4e i1£~.4~L,] X Doconcur [ Do not concur with the traffic calming device checked above. Comments: , ol the pcope,ty at £4fu .J\,J ,ro-11, ~• /1!_1 il/l/1 I Ee-. ]/t,rj'- [Pro erty Address] Agenda Item No:10. City Commission Agenda Item Report Meeting Date: September 7, 2021 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 Innova Firm LLC for the construction of landscape improvements along SW 84th Street from SW 57th Avenue to SW 58th Avenue. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Memo_for_Const_Award_for_SW_84st_Land_Improv_9-1-21.docx Reso_for_Const_Award_for_SW_84st_Land_Improv_9-1-21.docx RFP SW 84 Street Landscape ImprovementsCArev3 8.2.21.pdf INNOVA Bidding Document.PDF SUN BIZ INNOVA.pdf Bid Tabulation RFP PW2021-40 8.26.21.pdf DEMAND STAR RFP PW2021-40.pdf Miami Daily Business Review.pdf 147900 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Page 1 of 1 TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager DATE:September 7, 2021 SUBJECT:A Resolution authorizing the City Manager to negotiate and enter into a contract with Innova Firm LLC for the construction of landscape improvements along SW 84 th Street from SW 57th Avenue to SW 58th Avenue. BACKGROUND:The City desires to provide a landscape theme on the median along SW 84th Street from SW 57th Avenue to SW 58th Avenue. The City developed a design and prepared construction documents for these landscape improvements. The scope will entail providing a landscape theme by installing Poinciana trees and groundcover as well as removing seventeen (17) existing invasive bottle brush trees, Indian laurel, crape myrtle, and damagedand/or defoliated live oaks. The City received a total of four (4) proposals in response to a solicitation. Pursuant to review, it was determined that the lowest bidder is the most responsive and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Innova Firm LLC $59,308.50 SFM Services, Inc.$80,644.25 Tropical Landscaping & Lawn Maintenance, Inc.$86,769.80 A contingency amount of five percent (5%) will be included over the proposal amount of $59,308.50 to account for unknown factors that may arise during the work. AMOUNT:Amount not to exceed $62,273.93 which includes a five percent (5%) contingency FUND &ACCOUNT:The expenditure shall be charged $25,000 from 118-1750-519-3450 with a current balance of $25,000 and $37,273.93 from 301-2000-572-572-6450, with a current balance of $460,012. ATTACHMENTS:Resolution RFP PW2021-40 Construction Documents with Exhibits Innova Firm LLC., Bid Documents Innova Firm LLC., Sun Biz Bid Tabulation Demand Star back-up Daily Business Review Advertisement 148901 Page 1 of 2 RESOLUTION NO.:______________________1 2 A Resolution authorizing the City Manager to negotiate and enter into a contract with 3 Innova Firm LLC for the construction of landscape improvements along SW 84th Street 4 from SW 57th Avenue to SW 58th Avenue.5 WHEREAS, the City Mayor and Commission desire to provide a landscape theme on the median 6 along SW 84th Street from SW 57th Avenue to SW 58th Avenue; and 7 WHEREAS,this project was approved by Commission in the Capital Improvement Work Program; 8 and9 WHEREAS, a design and construction documents were developed and approved by City Staff; and10 WHEREAS, the City received a total of four (4) proposals in response to aconstruction solicitation; 11 and12 WHEREAS,pursuant to a competitive selection process, it was determined that that the lowest 13 bidder Innova Firm LLC, submitted a cost proposal in the amount of $59,308.50 that was determined to 14 be the most responsive and most cost effective; and15 WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate the 16 price, terms and conditions and to execute a contract with Innova Firm LLC, for the construction of 17 landscape improvements along SW 84th Street from SW 57th Avenue to SW 58th Avenue for a total 18 amount not to exceed $62,273.93 which includes a five percent (5%) contingency.19 WHEREAS, the expense for this project shall be charged $25,000 from 118-1750-519-3450 with a 20 current balance of $25,000 and $37,273.93 from 301-2000-572-572-6450, with a current balance of 21 $460,012. 22 23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF 24 SOUTH MIAMI, FLORIDA:25 Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are 26 incorporated into this resolution by reference as if set forth in full herein.27 Section 2.The City Manager is authorized to negotiate the price, terms and conditions and to 28 execute a contract with Innova Firm LLC, for the construction of landscape improvements along SW 84th29 Street from SW 57th Avenue to SW 58th Avenue for a total amount not to exceed $62,273.93 which 30 includes a five percent (5%) contingency. The expenditure shall be charged $25,000 from 118-1750-519-31 3450, with a current balance of $25,000 and $37,273.93 from 301-2000-572-572-6450, with a current 32 balance of $460,012.33 Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made 34 by the City Attorney for any conforming amendments to be incorporated into the final resolution for 35 signature.36 149902 Page 2 of 2 Section 4:Severability.If any section, clause, sentence, or phrase of this resolution is for any reason 1 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 2 validity of the remaining portions of this resolution. 3 4 Section 5: Effective Date:This resolution shall become effective immediately upon adoption. 5 6 PASSED AND ADOPTED this _____ day of_______________, 2021. 7 8 ATTEST: APPROVED: 9 10 ___________________________________________11 CITY CLERK MAYOR12 13 READ AND APPROVED AS TO FORM,COMMISSION VOTE: 14 LANGUAGE, LEGALITY AND EXECUTION Mayor Philips: 15 THEREOF Commissioner Harris:16 Commissioner Gil:17 ___________________________Commissioner Liebman: 18 CITY ATTORNEY Commissioner Corey:19 20 150903 CITY OF SOUTH MIAMI SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 SUBMITTAL DUE DATE: August 2, 2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used require s it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW2021-40, SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals elec tronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on August 2, 2021 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, August 2, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person wit h the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 88 151904 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. If you do not have an account with DemandStar, click on “Create Your Account” otherwise, if you have an account, click on the “x” in the upper right-hand corner of this message and it will bring you to the following user sign in page. 2 of 88 152905 SCOPE OF SERVICES and SCHEDULE OF VALUES SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, ATTACHMENTS A, B, & C. 3 of 88 153906 SCHEDULE OF EVENTS SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 8/2/2021 1:00 PM 2 Pre-RFP Meeting: NONE SCHEDULED NONE SCHEDULED 3 Deadline to Submit Questions 8/17/2021 10:00 AM 4 Deadline to City Responses to Questions 8/20/2021 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 8/26/2021 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 8/26/2021 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 9/7/2021 7:00 PM END OF SECTION 4 of 88 154907 INSTRUCTIONS for RESPONDENT SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith . 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 88 155908 8. Any questions concerning the Solicitation or any required need for cl arification must be made in writing, by 10:00 AM August 17, 2021 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation Specifications” or “Solicitation”) by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City’s website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through th e Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning th is Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project . The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedu re required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 88 156909 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documen ts. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not sub mit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discr epancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 88 157910 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal /E-bid Bond, if required for this Project. 20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily com ply with the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents as the Respondent’s signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment , materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in responds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8 of 88 158911 South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum i s a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. 9 of 88 159912 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members or stockholders (collectively referred to as “Respondent Debtors”). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-bid Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as N/A. 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent’s prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 10 of 88 160913 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of an y material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the descriptio n of each document the Respondent must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or “properly listed” confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the productio n of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent’s claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respond ent an opportunity, at Respondent’s sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: “Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at S outh Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its so le and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 11 of 88 161914 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Responden t and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license s pecifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 12 of 88 162915 CONE OF SILENCE ORDINANCE, SECTION 8A-7 SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 13 of 88 163916 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder’s Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City’s professional staff and Potential Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder’s Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14 of 88 164917 PROPOSAL SUBMITTAL CHECKLIST FORM SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All – including General Conditions and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 15 of 88 165918 RESPONDENT QUALIFICATION STATEMENT SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 88 166919 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 88 167920 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 88 168921 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 88 169922 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 88 170923 NON-COLLUSION AFFIDAVIT SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of 88 171924 WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 22 of 88 172925 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted ve ndor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after J uly 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, will be a prima facie case that one person controls 23 of 88 173926 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entit y crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 24 of 88 174927 DRUG FREE WORKPLACE SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the p rocurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 25 of 88 175928 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and h ealth regulations, and agree to indemnify and hold harmless the City of South Miami and SRS (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 26 of 88 176929 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 27 of 88 177930 RELATED PARTY TRANSACTION VERIFICATION FORM SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or t o transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or b usiness entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party 28 of 88 178931 before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marri age to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose t he relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 29 of 88 179932 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, an d shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a fina ncial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city governmen t; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 30 of 88 180933 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subse ction (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omiss ion or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person inclu ded in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 31 of 88 181934 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential infor mation acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private int erests and the public interest. 32 of 88 182935 (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendere d to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, re commendation, the rendering of 33 of 88 183936 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disap proval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinanc e, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 88 184937 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 35 of 88 185938 NOTICE OF AWARD SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 The City has considered the Proposal submitted by your firm for the SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: __________________________________ Shari Kamali City Manager Dated this ____ day of ______________, 20____ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________________________ On this the ______ day of ____________________, 20____. BY: __________________________ TITLE: __________________________ You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 36 of 88 186939 NOTICE TO PROCEED CONSTRUCTION CONTRACT SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 TO: DATE: PROJECT DESCRIPTION: SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40. You are hereby notified to commence Work in accordance with the Construction Agreement for SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021- 40 on or before ___________. You are to complete the work within 90 calendar days. City of South Miami BY: __________________________ ___________________________ (print name) City Manager, or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by ______________________________ on this day of , 20____. BY: ___________________________ TITLE: ___________________________ END OF SECTION 37 of 88 187940 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT A SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave RFP#PW2021-40 I. General Requirements: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. The work associated with this project should be reflected in the Respondent’s proposal and “Schedule of Values Form, “Scope of Services,” Exhibit 1, Attachment B. 38 of 88 188941 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachments A, B, and C , all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday—See Section 7-15 and 7-16 of the City’s Code of Ordinances. IT IS THE BIDDER’S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. Site Location: See EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT C I. SPECIFIC REQUIREMENTS: a. PROJECT DESCRIPTION The City is soliciting proposals from highly qualified firms for the landscape Improvements along SW 84th street from SW 57th Ave to SW 58th Ave includes but not limited to removal and disposal of 17 existing trees within the corridor as identified in the tree disposition plan, including but not limited to: • 10 (ten) Calistemon Viminalis, • 3 (three) Quercus virginiana, • 3 (three) Largestroemia viminalis, and • 1(one) ficus microcarpa. Installation of: • 6 (six) Quercus virginiana, • 6 (six) ceasalpinia granadilo, • 1 (one) swietenia mohagoni, and • 115 (one-hundred and fifteen) asparagus densiflorus ‘Meyeri’. b. DESIGN PLANS & SPECIFICATIONS: Please refer to Exhibit 1, Scope of Services, Attachment C. c. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted in a “Lump Sum” by completing Exhibit 3 “Respondents Bid Form” and must include all cost associated with completing this project as outlined in the scope of services and associated design construction plans. It is the City’s intention to award this project to a single Contractor. The lump sum price must be in accordance with Respondent’s Schedule of Values See Exhibit 1, Scope of Services, Attachment B. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. 39 of 88 189942 THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. d. SCHEDULE OF VALUES : RESPONDENTS ARE TO COMPLETE THE SCHEDULE OF VALUES FORM. SEE EXHIBIT 1, ATTACHMENT B. WHEN PREPARING AND SUBMITTING THE COMPLETED “SCHEDULE OF VALUES FORM,” THE RESPONDENT MUST CARRY THE TREE MITIGATION ALLOTMENT, IF ANY, AS WELL AS ANY CONTINGENCY IN THEIR TOTAL BASE BID. III. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the limits defined by the site plan. IV. Project Duration: The project duration and completion for this project is 90 calendar days from issuance of a Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. V. Warranty: Respondent/Contractor must include the following with their proposal: Applicable warranty and/or guarantees of all material and labor, including : • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of LED lighting under normal use; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. See Exhibit 5. VI. Bonds: PERFORMANCE AND PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT. END OF SECTION 40 of 88 190943 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT B SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 “SCHEDULE OF VALUES” NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT’S PROPOSAL UNRESPONSIVE ITEM NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT COST TOTAL COST GENERAL SITE WORK 1.01 CLEARING AND GRUBBING L.S. 1 $ $ 1.02 FOR RESTORING SODDED AREA SY 250 $ $ 1.03 TREE PROTECTION BARRIER LF 500 $ $ 1.04 TREE REMOVAL EA 17 $ $ 1.05 CAESALPINIA GRANADILLO - BRIDALVEIL TREE (18' HT, 4"-5" DBH, 11' SPREAD) EA 6 $ $ 1.06 CANOPY TREE (20'-22' HT, 7"- 8' DBH, 14'-15' SPREAD, FIELD GROWN) EA 7 $ $ 1.07 ASPARAGUS DENSIFLORUS 'MEYERII' - FOXTAIL FERN (18" HT. MIN, 18" SPR.) EA 115 $ $ SUB-TOTAL $ 2.1 MOBILIZATION LS 1.00 $ $ 2.2 POLICE OFFICER HR $52.00 $ $ 2.3 GENERAL CONDITIONS LS 1.00 $ $ 2.4 Owner Contingency for unforseen conditions, minor construction changes & quality adjustments (15%) LS 1.00 $ $ GRAND TOTAL: $ SUBMITTED THIS DAY OF 20____. 41 of 88 191944 PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 42 of 88 192945 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT C SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 DESIGN PLANS & SPECIFICATIONS: Prepared by: SRS ENGINEERING, INC. 43 of 88 193946 5001 Southwest 74 Court, Suite 201 Miami, Florida 33155-4453 TEL. 305-662-8887, FAX 305-662-8858 W.W.W..SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 JEOVANNY RODRIGUEZ 44 of 88 194947 5001 S.W. 74th COURT, SUITE 201MIAMI, FLORIDA 33155TEL. 305-662-8887 FAX 305-662-8858WWW.SRS-CORP.COMCONSULTING ENGINEERS EB-0000731745 of 88195948 EDGE OF PAVEMENT EDGE OF PAVEMENT 21 22 23 24 25 26 27 3029 31 32 33 34 35 36 39 40 41 43 42 28 EXISTING OVERHEAD LINE TO BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION WOOD POWER POLE (TYP.) 37 38 EXISTING WATER VALVE EXISTING 2" GAS LINE EXISTING 8" WATER MAIN (TO BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION) TREE TO REMAIN TREE TO REMOVE TREE DISPOSITION LEGEND TREE/PALM EXISTING SIGN TO REMAIN (OUT OF PROJECT LIMITS) # # Tree Disposition List Tree No.Scientific Name Common Name Overall Ht. (Feet) Canopy Spread (Feet) DBH (Inches)Trunks Condition Action Notes 21 Delonix regia Royal Poinciana 15 18 9 Good Remain 22 Calistemon viminalis Weeping Bottlebrush 18 25 16,8,8,6 4 Fair Remove Leaning 23 Calistemon viminalis Weeping Bottlebrush 15 22 9,9,9,9 4 Fair Remove Leaning, Trunk damage 24 Calistemon viminalis Weeping Bottlebrush 20 35 41.5 6 Fair Remove 25 Delonix regia Royal Poinciana 20 45 15 Good Remain 26 Ficus microcarpa Indian Laurel 20 35 12,12,12, 11,11,11 6 Fair Remove 27 Quercus virginiana Live Oak 8 3.5 8 Poor Remove Tiny - Trunk damage 28 Quercus virginiana Live Oak 5 2 2 Poor Remove Leaning, tiny, defoliated 29 Quercus virginiana Live Oak 5 1.5 1 Poor Remove Tiny - trunk damage 30 Ficus benjamina Ficus 35 60 232.5 18 Good Remain 31 Calistemon viminalis Weeping Bottlebrush 12 15 9,9,9,9 4 Fair Remove Minimal damage at base 32 Calistemon viminalis Weeping Bottlebrush 12 6 7,8 2 Fair Remove Cuts at base, leaning 33 Calistemon viminalis Weeping Bottlebrush 12 30 9,9,9 3 Fair Remove 34 Calistemon viminalis Weeping Bottlebrush 12 20 9,9 2 Poor Remove 35 Calistemon viminalis Weeping Bottlebrush 12 15 6,6,6,5,5, 6,6,6 8 Fair Remove Gumbo growing on top 36 Lagerstroemia indica Crape Myrtle 8 3 6 3 Fair Remove 37 Lagerstroemia indica Crape Myrtle 8 3 4 2 Fair Remove 38 Lagerstroemia indica Crape Myrtle 8 3 3.5 3 Fair Remove 39 Calistemon viminalis Weeping Bottlebrush 15 20 11 Poor Remove Leaning, Damaged branches 40 Calistemon viminalis Weeping Bottlebrush 15 25 5,5,6,5,6, 5 6 Fair Remove 41 Swietenia mahagoni Mahogany 25 20 15 Good Remain 42 Swietenia mahagoni Mahogany 25 20 9 Good Remain 43 Swietenia mahagoni Mahogany 25 30 14.5 Good Remain 5001 S.W. 74th COURT, SUITE 201 MIAMI, FLORIDA 33155 TEL. 305-662-8887 FAX 305-662-8858 WWW.SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 Aida M. Curtis LA0001330 Jennifer Rogers-Pomaville LA6667093 Rafael J. Ferrer LA6667366 Mariana Gabriela Boldu Dallman LA6667246 Landscape Architect 7520 S RED ROAD, SUITE M www.curtisrogers.com LC C000241 305.442.1774 | 305.445.9488 FAX SOUTH MIAMI, FLORIDA 33143 L a n d s c a p e A r c h i t e c t u r e D E S I G N S T U D I O I N C C U R T I S + R O G E R S SW 84TH STREETMEDIANLANDSCAPING IMPROVEMENTSCITY OF SOUTH MIAMI PUBLIC WORKS4795 SW 75TH AVENUE, MIAMI, FL 33155FEET 0 20 40 TREE DISPOSITIONPLANL-1 UTILITY NOTES: INFORMATION OF SOME UNDERGROUND UTILITIES WAS NOT RECEIVED AT TIME OF DESIGN. EXISTING UTILITY LOCATIONS HAVE BEEN TAKEN PRIMARILY FROM UTILITY OWNERS OR GOVERNMENT RECORDS. NO GUARANTEE IS MADE OF THE CERTAINTY OF THESE LOCATIONS AND THE CONTRACTOR MUST VERIFY ALL LOCATIONS IN THE FIELD.TOTAL TREES TO BE REMOVED: 17 46 of 88 196949 Tree Protection Notes 1.0 A Tree Protection Zone (TPZ) shall be established around all trees which are to be retained. The TPZ shall include all such trees in a single cluster, with protective fencing around the perimeter of the cluster. 2.0 The TPZ fencing shall be 4 feet high min., with wood posts spaced max. 10 feet o.c., with 2 x 2 mesh. Orange construction mesh shall be securely attached to posts and rails. 3.0 The area within the TPZ shall be maintained in its current condition. There shall be no grade changes, bulldozing, scarifying or any other type of soil disturbance within this area. No new utilities shall be installed in this area. 4.0 The area within the TPZ shall be kept free of heavy equipment operation. There shall be no movement of heavy equipment within these areas. 5.0 The area within the TPZ shall not be used for any type of materials storage or dumping (including wash water). 6.0 There shall be no damage, wounding, or other types of physical injury made to the tree trunks, buttress roots, surface roots, limbs, branches, or other exposed parts of the trees. No signage shall be attached to the trees and no work stations set up beneath the trees. 7.0 Prior to construction activities, any tree limbs which may interfere with, or are at risk of damage or injury from, construction activities, shall be pruned following the guidelines in the most recent edition of the American National Standards Institute A-300 document. All trees to be retained shall be pruned to clean their crowns, as defined in the ANSI A-300 document (remove dead, diseased, or broken branches). 8.0 Any tree roots which are at risk of being cut, damaged or exposed during excavation activities shall be pruned beforehand using appropriate pruning tools (saws, loppers or clippers) and techniques, leaving clean, smooth cuts at a maximum distance allowable from the tree trunks. When digging trenches using trenchers, backhoes or similar equipment, tree roots shall be cut by hand, using appropriate pruning tools, at least 2 to 4 inches further back, toward the tree, from the edge of the trench and behind the equipment-damaged roots. Trenches shall then be backfilled with sand or existing soil. 9.0 Heavy equipment shall be routed around all TPZ's. Heavy equipment routes shall have gravel or mulch maintained at a minimum depth of 3 to 4 inches at all times to help disperse weight loads and minimize soil compaction and root damage. DRIPLINE 4'-0" MAX O.C.3'-0"MIN.1'-6"2" X 4" Posts and Rails Orange Mesh Construction Fencing STAKING FOR TREE PROTECTION SCALE: NTSINDIVIDUAL TREE1 DRIP LINE 2"x4" 1" x 4" RAIL 4"x4" Post DETAIL FENCING TO EXTEND PAST TREE'S DRIPLINE DIMENSION VARIES PER CRITICAL PROTECTION ZONE 2 X 4 MINIMUM POSTS 12 MAXIMUM SPACING 1 X 4 MINIMUM STRINGER EXISTING UNDISTURBED SOIL 2' MINIMUM DEPTH 4' MINIMUM HEIGHT SAFETY - ORANGE NYLON OR POLYPROPYLENE TYPE FENCE SECURELY AFFIXED FENCE TO STRINGER WITH STAPLES OR NAILS NOTES: TREE PROTECTION ZONE (TPZ): THE AREA SURROUNDING A TREE WITHIN A CIRCLE DESCRIBED BY A RADIUS OF ONE FOOT FOR EACH INCH OF THE TREE TRUNK DIAMETER AT 54" ABOVE FINISHED GRADE. FOR GROUPS OF TREES, PLACE BARRICADES BETWEEN TREES AND CONSTRUCTION ACTIVITY. TREE PROTECTION BARRICADES SHALL BE LOCATED TO PROTECT A MINIMUM OF 75% OF THE CRITICAL PROTECTION ZONE. TREE PROTECTION DETAIL SCALE: NTSTREE GROUPINGS2 5001 S.W. 74th COURT, SUITE 201 MIAMI, FLORIDA 33155 TEL. 305-662-8887 FAX 305-662-8858 WWW.SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 Aida M. Curtis LA0001330 Jennifer Rogers-Pomaville LA6667093 Rafael J. Ferrer LA6667366 Mariana Gabriela Boldu Dallman LA6667246 Landscape Architect 7520 S RED ROAD, SUITE M www.curtisrogers.com LC C000241 305.442.1774 | 305.445.9488 FAX SOUTH MIAMI, FLORIDA 33143 L a n d s c a p e A r c h i t e c t u r e D E S I G N S T U D I O I N C C U R T I S + R O G E R S SW 84TH STREETMEDIANLANDSCAPING IMPROVEMENTSCITY OF SOUTH MIAMI PUBLIC WORKS4795 SW 75TH AVENUE, MIAMI, FL 33155TREE DISPOSITIONNOTES & DETAILSL-2 UTILITY NOTES: INFORMATION OF SOME UNDERGROUND UTILITIES WAS NOT RECEIVED AT TIME OF DESIGN. EXISTING UTILITY LOCATIONS HAVE BEEN TAKEN PRIMARILY FROM UTILITY OWNERS OR GOVERNMENT RECORDS. NO GUARANTEE IS MADE OF THE CERTAINTY OF THESE LOCATIONS AND THE CONTRACTOR MUST VERIFY ALL LOCATIONS IN THE FIELD. 47 of 88 197950 Plant List Trees SYMBOL QTY.BOTANICAL NAME COMMON NAME SPECIFICATIONS NATIVE CG 6 Caesalpinia granadillo Bridalveil Tree 18' Ht. min., 4"-5" DBH, 11' Spread N QV 6 Quercus virginiana Live Oak 20'-22' Ht. min., 7"-8" DBH, 14'-15' Spread, Field Grown Y SM 1 Swietenia mahagoni Mahogany 20'-22' Ht. min., 7"-8" DBH, 14'-15' Spread, Field Grown Y Groundcover SYMBOL QTY.BOTANICAL NAME COMMON NAME SPECIFICATIONS NATIVE ASP 115 Asparagus densiflorus 'Meyerii' Foxtail Fern 18" Ht. min., 18" Spread, 18" OC N LANDSCAPE LEGEND BRIDALVEIL LIVE OAK MAHOGANY EXISTING TREE TO REMAIN GROUNDCOVER EXISTING SIGN TO REMAIN EDGE OF PAVEMENT EDGE OF PAVEMENT EXISTING OVERHEAD LINE TO BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION WOOD POWER POLE (TYP.) EXISTING WATER VALVE EXISTING 2" GAS LINE 3 QV 3 QV 3 CG 3 CG 5'MIN.5'MIN.115 ASP SOUTH MIAMI SIGN BY OTHERS EXISTING 8" WATER MAIN (TO BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION) TREES SHALL HAVE A MIN. 5' CLEARANCE FROM WATER MAIN 1 SM EDGE OF PAVEMENT 5001 S.W. 74th COURT, SUITE 201 MIAMI, FLORIDA 33155 TEL. 305-662-8887 FAX 305-662-8858 WWW.SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 Aida M. Curtis LA0001330 Jennifer Rogers-Pomaville LA6667093 Rafael J. Ferrer LA6667366 Mariana Gabriela Boldu Dallman LA6667246 Landscape Architect 7520 S RED ROAD, SUITE M www.curtisrogers.com LC C000241 305.442.1774 | 305.445.9488 FAX SOUTH MIAMI, FLORIDA 33143 L a n d s c a p e A r c h i t e c t u r e D E S I G N S T U D I O I N C C U R T I S + R O G E R S SW 84TH STREETMEDIANLANDSCAPING IMPROVEMENTSCITY OF SOUTH MIAMI PUBLIC WORKS4795 SW 75TH AVENUE, MIAMI, FL 33155LANDSCAPE PLANL-3 PLANTING NOTES: - NEWLY PLANTED TREES SHALL BE PLANTED AT A MINIMUM OF 25' O.C. FROM ANY ADJACENT TREE. - NEWLY PLANTED TREES SHALL HAVE A MINIMUM OF 5' CLEARANCE FROM ADJACENT WATER MAIN. CONTRACTOR TO VERIFY WATER MAIN LOCATION BEFORE CONSTRUCTION. FEET 0 20 40 * Specifications noted are minimum standards, all plant material shall meet or exceed ALL specifications. Trees must meet the minimum DBH specified. Shrubs must meet the minimum height specified. * Contractor shall inspect all rootballs prior to installation. If any circling roots are found they shall follow the corrective actions shown in the details on these drawings. If the roots cannot be corrected the plant will be rejected. * No substitutions of plant material shall be allowed without prior written authorization from the Landscape Architect. * All areas not covered by buildings, shrubs, groundcovers, or paving shall be sodded with St Augustine Sod (or whatever sod is adjacent) and Irrigated with whichever system is specified for this project. UTILITY NOTES: INFORMATION OF SOME UNDERGROUND UTILITIES WAS NOT RECEIVED AT TIME OF DESIGN. EXISTING UTILITY LOCATIONS HAVE BEEN TAKEN PRIMARILY FROM UTILITY OWNERS OR GOVERNMENT RECORDS. NO GUARANTEE IS MADE OF THE CERTAINTY OF THESE LOCATIONS AND THE CONTRACTOR MUST VERIFY ALL LOCATIONS IN THE FIELD. 48 of 88 198951 LANDSCAPE SPECIFICATIONS 1. GENERAL 1.01 The contractor shall obtain and pay for all permits related to this section of work unless previously excluded. 1.02 Before changes or substitutions can be made due to unavailability of plant material, submit evidence of having undertaken methods of locating plant material that is acceptable to the Landscape Architect. 1.03 In the case of discrepancy in the plant quantities between the plan drawings, plant call outs, plant list or plant schedule, the number of plants or square footage of the planting bed actually drawn on the plan drawings shall be deemed correct and prevail. 1.04 Evidence of inadequate protection following digging, carelessness in transit, or improper storage or handling shall be cause for rejection. 1.05 Submittals: Contractor to submit all product submittals 8 weeks prior to installation of plantings. a) Product Data: submit manufacturer product data and literature describing all products required by this section to the Landscape Architect for approval. b) Samples: submit samples of each product and material where required, to the Landscape Architect for approval. Label samples to indicate product, characteristics and locations in the work. Samples will be reviewed for appearance only. Compliance with other requirements is the responsibility of the Contractor. c) Plant sources: submit sources of plants to the Landscape Architect for approval. 1.06 Pre-Construction Conference: Contractor shall schedule a pre-construction conference with the Landscape Architect at least seven (7) days before beginning the work, to review any questions the Contractor may have regarding the work, administrative procedures during construction and project work schedule. 1.07 The Landscape Architect shall be informed of the progress of the work so that the work may be observed at the following key times in the construction process. a) Site Conditions Prior to Start of Planting - to review soil and drainage conditions b) Completion of Plant layout staking- review of plant layout c) Plant Quality- Review of plant quality at time of delivery and prior to installation. The Landscape Architect reserves the right to select and observe all plants at the nursery prior to delivery. If a particular defect or substandard element can be corrected at the nursery as determined by the landscape architect, the agreed upon remedy may be applied by the nursery or contractor provided that the correction allows the plant to meet the requirements stipulated in this section. Any work to correct defects shall be at the contractor's expense. The landscape architect may choose to attach their seal to each plant or a representative sample. Viewing or sealing of plants by the Owner's representative at the nursery does not preclude the landscape architect to reject the plant material while on site. d) Completion of the Planting- review the completed planting. 1.08 The Landscape Architect shall inspect all work for Substantial Completion upon notice of completion. Upon completion and re-inspection of all repairs or renewals necessary in the judgement of the Landscape Architect, the Landscape Architect will recommend to the Owner the Acceptance of the work. 1.09 Following Acceptance, maintenance of the plant material shall become the Owners responsibility. The Contractor shall provide the Owner with a typewritten recommended maintenance program at the time of Acceptance. Make periodic inspections of the Owners maintenance during the guarantee period. Submit written report to the Owner of any corrective measures required to keep the guarantee valid. 1.10 It is the responsibility of the contractor to be aware of all surface and subsurface conditions, and to notify the Landscape Architect, in writing of any circumstances that would negatively impact the health of plantings. Do not proceed with work until satisfactory conditions have been corrected. 1.11 All plant material shall be guaranteed for a period of one (1) year from the time of Acceptance. 1.12 Sod shall be guaranteed for a period of 90 days from the time of Acceptance. Replacement sod under this guarantee shall be guaranteed for an additional 90 days from the date of installation. Repair any damage caused by sod replacement at no cost to the Owner. 1.13 Plants shall be healthy, free of pests and disease, and in flourishing condition at the end of the guarantee period. Plants shall be free of dead and dying branches and branch tips, and shall bear foliage of normal density, size and color. 1.14 Replace dead plants and all plants not in a vigorous, thriving condition, as determined by the Landscape Architect, during and at the end of the guarantee period, without cost to Owner, as soon as weather conditions permit and within the specified planting period. a. Replacements shall closely match adjacent specimens of the same species. Replacements shall be subject to all requirements stated in these specifications. b. Make all necessary repairs caused by plant replacement activities. c. The guarantee of all replacement plants shall extend for an additional one year period from the date of their acceptance after replacement. In the event that a replacement plant is not acceptable during or at the end of the said extended guarantee period, the Owner may elect either one more replacement, without guarantee, or credit for each item. 1.15 At the end of the guarantee period, the Landscape Architect will inspect the work for Final Acceptance. Upon completion of all repairs or replacements necessary, in the judgement of the Landscape Architect, the work will be recommended for Final Acceptance by the Owner. II PRODUCTS 2.01 All plant material shall be Florida No. 1, as specified in the Grades and Standards for Nursery Plants, 2015 or latest edition unless otherwise noted. 2.02 All plant material shall meet or exceed the size requirements as specified in the plant list. No substitutions shall be accepted without the Landscape Architect's approval. If a range of size is given, no plant shall be less than the minimum size and not less than 50 percent of the plants shall be as large as the maximum size specified. 2.03 Contractor shall schedule with Landscape Architect a time in which to view plant material in the nursery prior to installation. 2.04 Planting soil shall consist of a mixture of 60% sand and 40% muck with a PH between 5.5 and 6.5. 2.05 Mulch shall be shredded Grade “A” Eucalyptus as manufactured by AACTION Nursery Products or approved equal. Submit suppliers product specification data sheet and a one gallon sample for approval. 2.06 Fertilizer for planting shall be Agriform planting tablets 20-10-5 formula, 21 gram. Fertilizer for palms shall be “Palm Special” - from AFEC 8-4-12. Submit suppliers product specification data sheet. 2.07 Fertilizer for sod shall be granular fertilizer having a 12-6-8 analysis. Submit suppliers product specification data sheet. 2.08 Weed control fabric shall be Pro5 Weed barrier by Dewitt or approved equal. Submit suppliers product specification data sheet. 2.09 Sod shall be free of weeds and the roots shall be thoroughly knit to the soil. At Substantial Completion all areas shall show a uniform stand of the specified grass in a healthy condition with no visible gaps or joints. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of roller width to eliminate air pockets. Sod shall be irrigated immediately before and/or after rolling. Topdressing to fill cracks and low spots shall be repeated throughout the guarantee period as needed. 2.10 Tree guying and staking material shall be as shown in the details. Submit manufacturer's product data for approval. 2.11 Watering Bags: Plastic watering bags holding a minimum of 25 gallons of water and with a slow drip hole water release system, specifically designed to water establishing trees. Water should release over a several day period, not within a few hours. Watering bags shall be Treegator Irrigation Bags sized to appropriate model for the requirements of the plant, as manufactured by Spectrum Products, Inc,. Youngsville, NC. 27596, or approved equal. Submit suppliers product specification data sheet and a 2 bag- samples for approval. LANDSCAPE SPECIFICATIONS 1. GENERAL 1.01 The contractor shall obtain and pay for all permits related to this section of work unless previously excluded. 1.02 Before changes or substitutions can be made due to unavailability of plant material, submit evidence of having undertaken methods of locating plant material that is acceptable to the Landscape Architect. 1.03 In the case of discrepancy in the plant quantities between the plan drawings, plant call outs, plant list or plant schedule, the number of plants or square footage of the planting bed actually drawn on the plan drawings shall be deemed correct and prevail. 1.04 Evidence of inadequate protection following digging, carelessness in transit, or improper storage or handling shall be cause for rejection. 1.05 Submittals: Contractor to submit all product submittals 8 weeks prior to installation of plantings. a) Product Data: submit manufacturer product data and literature describing all products required by this section to the Landscape Architect for approval. b) Samples: submit samples of each product and material where required, to the Landscape Architect for approval. Label samples to indicate product, characteristics and locations in the work. Samples will be reviewed for appearance only. Compliance with other requirements is the responsibility of the Contractor. c) Plant sources: submit sources of plants to the Landscape Architect for approval. 1.06 Pre-Construction Conference: Contractor shall schedule a pre-construction conference with the Landscape Architect at least seven (7) days before beginning the work, to review any questions the Contractor may have regarding the work, administrative procedures during construction and project work schedule. 1.07 The Landscape Architect shall be informed of the progress of the work so that the work may be observed at the following key times in the construction process. a) Site Conditions Prior to Start of Planting - to review soil and drainage conditions b) Completion of Plant layout staking- review of plant layout c) Plant Quality- Review of plant quality at time of delivery and prior to installation. The Landscape Architect reserves the right to select and observe all plants at the nursery prior to delivery. If a particular defect or substandard element can be corrected at the nursery as determined by the landscape architect, the agreed upon remedy may be applied by the nursery or contractor provided that the correction allows the plant to meet the requirements stipulated in this section. Any work to correct defects shall be at the contractor's expense. The landscape architect may choose to attach their seal to each plant or a representative sample. Viewing or sealing of plants by the Owner's representative at the nursery does not preclude the landscape architect to reject the plant material while on site. d) Completion of the Planting- review the completed planting. 1.08 The Landscape Architect shall inspect all work for Substantial Completion upon notice of completion. Upon completion and re-inspection of all repairs or renewals necessary in the judgement of the Landscape Architect, the Landscape Architect will recommend to the Owner the Acceptance of the work. 1.09 Following Acceptance, maintenance of the plant material shall become the Owners responsibility. The Contractor shall provide the Owner with a typewritten recommended maintenance program at the time of Acceptance. Make periodic inspections of the Owners maintenance during the guarantee period. Submit written report to the Owner of any corrective measures required to keep the guarantee valid. 1.10 It is the responsibility of the contractor to be aware of all surface and subsurface conditions, and to notify the Landscape Architect, in writing of any circumstances that would negatively impact the health of plantings. Do not proceed with work until satisfactory conditions have been corrected. 1.11 All plant material shall be guaranteed for a period of one (1) year from the time of Acceptance. 1.12 Sod shall be guaranteed for a period of 90 days from the time of Acceptance. Replacement sod under this guarantee shall be guaranteed for an additional 90 days from the date of installation. Repair any damage caused by sod replacement at no cost to the Owner. 1.13 Plants shall be healthy, free of pests and disease, and in flourishing condition at the end of the guarantee period. Plants shall be free of dead and dying branches and branch tips, and shall bear foliage of normal density, size and color. 1.14 Replace dead plants and all plants not in a vigorous, thriving condition, as determined by the Landscape Architect, during and at the end of the guarantee period, without cost to Owner, as soon as weather conditions permit and within the specified planting period. a. Replacements shall closely match adjacent specimens of the same species. Replacements shall be subject to all requirements stated in these specifications. b. Make all necessary repairs caused by plant replacement activities. c. The guarantee of all replacement plants shall extend for an additional one year period from the date of their acceptance after replacement. In the event that a replacement plant is not acceptable during or at the end of the said extended guarantee period, the Owner may elect either one more replacement, without guarantee, or credit for each item. 1.15 At the end of the guarantee period, the Landscape Architect will inspect the work for Final Acceptance. Upon completion of all repairs or replacements necessary, in the judgement of the Landscape Architect, the work will be recommended for Final Acceptance by the Owner. II PRODUCTS 2.01 All plant material shall be Florida No. 1, as specified in the Grades and Standards for Nursery Plants, 2015 or latest edition unless otherwise noted. 2.02 All plant material shall meet or exceed the size requirements as specified in the plant list. No substitutions shall be accepted without the Landscape Architect's approval. If a range of size is given, no plant shall be less than the minimum size and not less than 50 percent of the plants shall be as large as the maximum size specified. 2.03 Contractor shall schedule with Landscape Architect a time in which to view plant material in the nursery prior to installation. 2.04 Planting soil shall consist of a mixture of 60% sand and 40% muck with a PH between 5.5 and 6.5. 2.05 Mulch shall be shredded Grade “A” Eucalyptus as manufactured by AACTION Nursery Products or approved equal. Submit suppliers product specification data sheet and a one gallon sample for approval. 2.06 Fertilizer for planting shall be Agriform planting tablets 20-10-5 formula, 21 gram. Fertilizer for palms shall be “Palm Special” - from AFEC 8-4-12. Submit suppliers product specification data sheet. 2.07 Fertilizer for sod shall be granular fertilizer having a 12-6-8 analysis. Submit suppliers product specification data sheet. 2.08 Weed control fabric shall be Pro5 Weed barrier by Dewitt or approved equal. Submit suppliers product specification data sheet. 2.09 Sod shall be free of weeds and the roots shall be thoroughly knit to the soil. At Substantial Completion all areas shall show a uniform stand of the specified grass in a healthy condition with no visible gaps or joints. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of roller width to eliminate air pockets. Sod shall be irrigated immediately before and/or after rolling. Topdressing to fill cracks and low spots shall be repeated throughout the guarantee period as needed. 2.10 Tree guying and staking material shall be as shown in the details. Submit manufacturer's product data for approval. 2.11 Watering Bags: Plastic watering bags holding a minimum of 25 gallons of water and with a slow drip hole water release system, specifically designed to water establishing trees. Water should release over a several day period, not within a few hours. Watering bags shall be Treegator Irrigation Bags sized to appropriate model for the requirements of the plant, as manufactured by Spectrum Products, Inc,. Youngsville, NC. 27596, or approved equal. Submit suppliers product specification data sheet and a 2 bag- samples for approval.5'-0"MIN.PROTECTIVE TREE BANDING 3- 2 X 4 (18" LONG), EVENLY SPACED OVER 5 LAYERS OF BURLAP PADDING AND SECURED W/ STEEL BANDING SUPPORT STAKES ( 3 PER TREE) 1- 2 X 4 NAILED TO PROTECTIVE BANDING AND BOLTED TO LOWER POSTS. DO NOT NAIL TO TRUNK OF TREE KEEP MULCH CLEAR FROM TRUNK VISIBLE ROOT FLARE 1" ABOVE GRADE 3" MIN. DEPTH MULCH LOWER POSTS (3 PER TREE) 1-2 X 4 X 24" LONG (FLUSH OR BELOW GRADE) PLANTING SOIL EXISTING SUBGRADE BERMED SOIL DISH FOR WATER RETENTION TREE CANOPY STRAPS ANCHORS TREE TRUNK ROOTBALL 2X 1X1 2 X PLANTING PIT 2 TIMES WIDTH OF ROOTBALL TRUNK BURLAP LAYERS (FIVE) 2 X 4 12 WOOD BATTEN NAILS BANDS OR STRAPS 2 X 4 WOOD BRACE WOOD BATTEN DETAIL WOOD STAKING DETAIL 2 X 4 WOOD BRACE WITH BOARDS POSITIONED FACE TO FACE, NAIL BRACE SECURELY TO WOOD STAKE BELOW FINISHED GRADE EXISTING SOIL 2 X 4 WOOD STAKE NOTE: STAKE INTO FIRM EXISTING SOIL LARGE TREE PLANTING DETAIL SCALE:NTS3" CALIPER AND GREATER1 III EXECUTION 3.01 Contractor is responsible for verifying all underground utilities and obtaining the necessary clearances prior to planting. 3.02 Contractor shall examine subgrade and rough grade before planting and alert Landscape Architect of any unacceptable subgrade or rough grade. The Contractor shall notify the Landscape Architect, in writing, of all soil or drainage conditions that he/she considers detrimental to growth of plant material. If the contractor fails to notify the Landscape Architect of such conditions, he/she shall remain responsible for the plant material through the guarantee period. 3.03 Volumetric soil moisture level, in both the planting soil and the root balls of all plants, prior to, during and after planting shall be above permanent wilting point and below field capacity for each type of soil texture within the following ranges. Volumetric soil moisture shall be measured with a digital moisture meter. The meter shall be the Digital Soil Moisture Meter, DSMM500 by General Specialty Tools and Instruments, or approved equivalent. The Contractor shall confirm the soil moisture levels with a moisture meter. If the moisture is too high, suspend planting operations until the soil moisture drains to below field capacity. 3.04 Subgrade of planting areas shall be loosened or scarified to a minimum depth of 6 inches prior to spreading planting soil. Subgrade shall be brought to true and uniform grade and shall be cleared of stones greater than 2 inch, sticks and other extraneous material. 3.05 Excavation of the Planting Space: Using hand tools or tracked mini-excavator, excavate the planting hole into the existing soil to the depth of the root ball measured after any root ball modification to correct root problems, and wide enough for working room around the root ball or to the size indicated on the drawing or as noted below. 1. For trees and shrubs planted in soil areas that are NOT tilled or otherwise modified to a depth of at least 12 inches over a distance of more than 10 feet radius from each tree, or 5 feet radius from each shrub, the soil around the root ball shall be loosened as defined below or as indicated on the drawings. a. The area of loosening shall be a minimum of 3 times the diameter of the root ball at the surface sloping to 2 times the diameter of the root ball at the depth of the root ball. b. Loosening is defined as digging into the soil and turning the soil to reduce the compaction. The soil does not have to be removed from the hole, just dug, lifted and turned. Lifting and turning may be accomplished with a tracked mini excavator, or hand shovels. 2.If an auger is used to dig the initial planting hole, the soil around the auger hole shall be loosened as defined above for trees and shrubs planted in soil areas that are NOT tilled or otherwise modified. 3. The measuring point for root ball depth shall be the average height of the outer edge of the root ball after any required root ball modification. 4.If motorized equipment is used to deliver plants to the planting area over exposed planting beds, or used to loosen the soil or dig the planting holes, all soil that has been driven over shall be tilled to a depth of 6 inches. 3.06For trees to be planted in prepared planting soil that is deeper than the root ball depth, compact the soil under the root ball using a mechanical tamper to assure a firm bedding for the root ball. If there is more than 12 inches of planting soil under the root ball excavate and tamp the planting soil in lifts not to exceed 12 inches. 3.07Backfill the space around the root ball with the same planting soil or existing soil that was excavated for the planting space. See Planting Soil- above, for requirements to modify the soil within the planting bed. A.When the planting hole has been backfilled to three quarters of its depth, water shall be poured around the root ball and allowed to soak into the soil to settle the soil. Do not flood the planting space. If the soil is above field capacity, allow the soil to drain to below field capacity before finishing the planting. Air pockets shall be eliminated and backfill continued until the planting soil is brought to grade level. B.Where indicated on the drawings, build a 4 inch high, level berm of planting soil around the outside of the root ball to retain water. Tamp the berm to reduce leaking and erosion of the saucer. C.Thoroughly water the planting soil and root ball immediately after planting. 3.08 All areas to receive shrub planting shall be prepared with planting soil. 3.09 All areas to receive sod shall have a minimum of 2" of planting soil. 3.10 New trees, palms, shrubs and groundcovers shall be fertilized in accordance with manufacturers recommendations. 3.11 Sodded areas shall be fertilized with granular fertilizer at a rate of 12 lbs per 1000 S.F. of lawn and in accordance with the manufacturer's recommendations. 3.12 After planting, smooth out all grades between plants before mulching. Separate the edges of planting beds and lawn areas with a smooth, formed edge cut into the turf with the bed mulch level slightly lower, 1 and 2 inches, than the adjacent turf sod or as directed by Landscape Architect. Bed edge lines shall be a depicted on the drawings. 3.13 All planted areas are to receive a 2" layer of mulch. 3.13 Weed control fabric shall be installed as per manufacturer's recommendations. 3.14 Do not stake or guy trees unless specifically required by the Contract Documents, or in the event that the Contractor feels that staking is the only alternative way to keep particular trees plumb. 1. The Landscape Architect shall have the authority to require that trees are staked or to reject staking as an alternative way to stabilize the tree. 2. Trees that required heavily modified root balls to meet the root quality standards may become unstable. The Landscape Architect may choose to reject these trees rather than utilize staking to temporarily support the tree. A.Trees that are guyed shall have their guys and stakes removed after one full growing season or at other times as required by the Landscape Architect. B.If tree guying is necessary, Contractor shall utilize the tree staking and guying materials specified. 3.15 The contractor shall be fully responsible to ensure that adequate water is provided to all plants from the point of installation until the date of substantial completion acceptance. The contractor shall adjust the automatic irrigation system, if available, and apply additional or adjust for less water using hoses as required. 3.16. Contractor shall maintain all plant material including sod until acceptance. Maintenance shall consist of mowing, edging, pruning, watering, weeding, mulching, removal of dead material, maintaining plants in a plumb position, resetting plants to proper grades and upright position, and furnishing and applying such sprays as are necessary to keep plants free of insects and disease, and in a healthy growing condition. Soil Type Permanent Wilting Point Field Capacity Sand, Loamy sand, Sandy Loam 5-8%12-18% Loam, Sandy Clay, Sandy Clay Loam 14-25%27-36% III EXECUTION 3.01 Contractor is responsible for verifying all underground utilities and obtaining the necessary clearances prior to planting. 3.02 Contractor shall examine subgrade and rough grade before planting and alert Landscape Architect of any unacceptable subgrade or rough grade. The Contractor shall notify the Landscape Architect, in writing, of all soil or drainage conditions that he/she considers detrimental to growth of plant material. If the contractor fails to notify the Landscape Architect of such conditions, he/she shall remain responsible for the plant material through the guarantee period. 3.03 Volumetric soil moisture level, in both the planting soil and the root balls of all plants, prior to, during and after planting shall be above permanent wilting point and below field capacity for each type of soil texture within the following ranges. Volumetric soil moisture shall be measured with a digital moisture meter. The meter shall be the Digital Soil Moisture Meter, DSMM500 by General Specialty Tools and Instruments, or approved equivalent. The Contractor shall confirm the soil moisture levels with a moisture meter. If the moisture is too high, suspend planting operations until the soil moisture drains to below field capacity. 3.04 Subgrade of planting areas shall be loosened or scarified to a minimum depth of 6 inches prior to spreading planting soil. Subgrade shall be brought to true and uniform grade and shall be cleared of stones greater than 2 inch, sticks and other extraneous material. 3.05 Excavation of the Planting Space: Using hand tools or tracked mini-excavator, excavate the planting hole into the existing soil to the depth of the root ball measured after any root ball modification to correct root problems, and wide enough for working room around the root ball or to the size indicated on the drawing or as noted below. 1. For trees and shrubs planted in soil areas that are NOT tilled or otherwise modified to a depth of at least 12 inches over a distance of more than 10 feet radius from each tree, or 5 feet radius from each shrub, the soil around the root ball shall be loosened as defined below or as indicated on the drawings. a. The area of loosening shall be a minimum of 3 times the diameter of the root ball at the surface sloping to 2 times the diameter of the root ball at the depth of the root ball. b. Loosening is defined as digging into the soil and turning the soil to reduce the compaction. The soil does not have to be removed from the hole, just dug, lifted and turned. Lifting and turning may be accomplished with a tracked mini excavator, or hand shovels. 2.If an auger is used to dig the initial planting hole, the soil around the auger hole shall be loosened as defined above for trees and shrubs planted in soil areas that are NOT tilled or otherwise modified. 3. The measuring point for root ball depth shall be the average height of the outer edge of the root ball after any required root ball modification. 4.If motorized equipment is used to deliver plants to the planting area over exposed planting beds, or used to loosen the soil or dig the planting holes, all soil that has been driven over shall be tilled to a depth of 6 inches. 3.06For trees to be planted in prepared planting soil that is deeper than the root ball depth, compact the soil under the root ball using a mechanical tamper to assure a firm bedding for the root ball. If there is more than 12 inches of planting soil under the root ball excavate and tamp the planting soil in lifts not to exceed 12 inches. 3.07Backfill the space around the root ball with the same planting soil or existing soil that was excavated for the planting space. See Planting Soil- above, for requirements to modify the soil within the planting bed. A.When the planting hole has been backfilled to three quarters of its depth, water shall be poured around the root ball and allowed to soak into the soil to settle the soil. Do not flood the planting space. If the soil is above field capacity, allow the soil to drain to below field capacity before finishing the planting. Air pockets shall be eliminated and backfill continued until the planting soil is brought to grade level. B.Where indicated on the drawings, build a 4 inch high, level berm of planting soil around the outside of the root ball to retain water. Tamp the berm to reduce leaking and erosion of the saucer. C.Thoroughly water the planting soil and root ball immediately after planting. 3.08 All areas to receive shrub planting shall be prepared with planting soil. 3.09 All areas to receive sod shall have a minimum of 2" of planting soil. 3.10 New trees, palms, shrubs and groundcovers shall be fertilized in accordance with manufacturers recommendations. 3.11 Sodded areas shall be fertilized with granular fertilizer at a rate of 12 lbs per 1000 S.F. of lawn and in accordance with the manufacturer's recommendations. 3.12 After planting, smooth out all grades between plants before mulching. Separate the edges of planting beds and lawn areas with a smooth, formed edge cut into the turf with the bed mulch level slightly lower, 1 and 2 inches, than the adjacent turf sod or as directed by Landscape Architect. Bed edge lines shall be a depicted on the drawings. 3.13 All planted areas are to receive a 2" layer of mulch. 3.13 Weed control fabric shall be installed as per manufacturer's recommendations. 3.14 Do not stake or guy trees unless specifically required by the Contract Documents, or in the event that the Contractor feels that staking is the only alternative way to keep particular trees plumb. 1. The Landscape Architect shall have the authority to require that trees are staked or to reject staking as an alternative way to stabilize the tree. 2. Trees that required heavily modified root balls to meet the root quality standards may become unstable. The Landscape Architect may choose to reject these trees rather than utilize staking to temporarily support the tree. A.Trees that are guyed shall have their guys and stakes removed after one full growing season or at other times as required by the Landscape Architect. B.If tree guying is necessary, Contractor shall utilize the tree staking and guying materials specified. 3.15 The contractor shall be fully responsible to ensure that adequate water is provided to all plants from the point of installation until the date of substantial completion acceptance. The contractor shall adjust the automatic irrigation system, if available, and apply additional or adjust for less water using hoses as required. 3.16. Contractor shall maintain all plant material including sod until acceptance. Maintenance shall consist of mowing, edging, pruning, watering, weeding, mulching, removal of dead material, maintaining plants in a plumb position, resetting plants to proper grades and upright position, and furnishing and applying such sprays as are necessary to keep plants free of insects and disease, and in a healthy growing condition. Soil Type Permanent Wilting Point Field Capacity Sand, Loamy sand, Sandy Loam 5-8%12-18% Loam, Sandy Clay, Sandy Clay Loam 14-25%27-36% ASPHALT SOD WITH SOIL ATTACHED ADDITIONAL TOPSOIL EXISTING SOIL SOD ADJACENT TO ASPHALT DETAIL SCALE: NTS6 ROOT CORRECTION DETAIL - CONTAINER SCALE: NTS REMOVE EXCESS SUBSTRATE SOIL REMOVE EXCESS ROOTS NEW ROOT BALL SURFACE STEP 1 - REMOVE SUBSTRATE OVER ROOT COLLAR TREE PLANTED TOO DEEPLY IN ROOT BALL. REMOVE EXCESS SUBSTRATE AND ROOTS TO MEET ROOT INSPECTION DETAIL. ROOT COLLAR STEP 2 - REMOVE DEFECTS FIVE STRUCTURAL (LARGE) ROOTS SHOWN IN BLACK. REMOVE STRUCTURAL ROOT (WHITE) WRAPPING ROOT COLLAR. CUT HERE FOUR STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE ROOT (WHITE) GROWING OVER STRUCTURAL ROOTS. CUT HERE SIX STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE ROOTS (WHITE) GROWING OVER ROOT COLLAR BY CUTTING THEM JUST BEFORE THEY MAKE AN ABRUPT TURN. SEVEN STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE STRUCTURAL ROOTS (WHITE) GROWING AROUND OR OVER ROOT COLLAR BY CUTTING THEM JUST BEFORE THEY MAKE AN ABRUPT TURN. CUT HERE ROOT BALL PERIPHERY CUT STRUCTURAL ROOT JUST BEFORE IT MAKES ABRUPT TURN. PRUNING CUT SHOULD BE MADE TANGENT (PARALLEL) TO THE TRUNK. CUT STRUCTURAL ROOTS JUST BEFORE THEY MAKE ABRUPT TURN BY CUTTING TANGENT (PARALLEL) TO THE TRUNK (TWO CUTS SHOWN). NOTES: 1- ALL TREES SHOWN ARE REJECTABLE UNLESS THEY UNDERGO RECOMMENDED CORRECTION. 2- FIRST STEP 1, THEN STEP 2. ROOTS AND SOIL MAY BE REMOVED DURING THE CORRECTION PROCESS; SUBSTRATE/SOIL SHALL BE REPLACED AFTER CORRECTION HAS BEEN COMPLETED. 3- TREES SHALL MEET ROOT OBSERVATIONS DETAIL FOLLOWING CORRECTION. 4- SMALL ROOTS (1/4" OR LESS) ON THE PERIPHERY OF THE ROOT BALL ARE COMMON WITH CONTAINER PLANT PRODUCTION. THESE SMALL ROOTS ARE NOT DEFINED AS "DEFECTS" AND CAN BE ADDRESSED AT THE TIME OF INSTALLATION (SEE ROOT BALL SHAVING CONTAINER DETAIL). ROOT CORRECTION DETAIL - CONTAINER SCALE: NTS REMOVE EXCESS SUBSTRATE SOIL REMOVE EXCESS ROOTS NEW ROOT BALL SURFACE STEP 1 - REMOVE SUBSTRATE OVER ROOT COLLAR TREE PLANTED TOO DEEPLY IN ROOT BALL. REMOVE EXCESS SUBSTRATE AND ROOTS TO MEET ROOT INSPECTION DETAIL. ROOT COLLAR STEP 2 - REMOVE DEFECTS FIVE STRUCTURAL (LARGE) ROOTS SHOWN IN BLACK. REMOVE STRUCTURAL ROOT (WHITE) WRAPPING ROOT COLLAR. CUT HERE FOUR STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE ROOT (WHITE) GROWING OVER STRUCTURAL ROOTS. CUT HERE SIX STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE ROOTS (WHITE) GROWING OVER ROOT COLLAR BY CUTTING THEM JUST BEFORE THEY MAKE AN ABRUPT TURN. SEVEN STRUCTURAL ROOTS SHOWN IN BLACK. REMOVE STRUCTURAL ROOTS (WHITE) GROWING AROUND OR OVER ROOT COLLAR BY CUTTING THEM JUST BEFORE THEY MAKE AN ABRUPT TURN. CUT HERE ROOT BALL PERIPHERY CUT STRUCTURAL ROOT JUST BEFORE IT MAKES ABRUPT TURN. PRUNING CUT SHOULD BE MADE TANGENT (PARALLEL) TO THE TRUNK. CUT STRUCTURAL ROOTS JUST BEFORE THEY MAKE ABRUPT TURN BY CUTTING TANGENT (PARALLEL) TO THE TRUNK (TWO CUTS SHOWN). NOTES: 1- ALL TREES SHOWN ARE REJECTABLE UNLESS THEY UNDERGO RECOMMENDED CORRECTION. 2- FIRST STEP 1, THEN STEP 2. ROOTS AND SOIL MAY BE REMOVED DURING THE CORRECTION PROCESS; SUBSTRATE/SOIL SHALL BE REPLACED AFTER CORRECTION HAS BEEN COMPLETED. 3- TREES SHALL MEET ROOT OBSERVATIONS DETAIL FOLLOWING CORRECTION. 4- SMALL ROOTS (1/4" OR LESS) ON THE PERIPHERY OF THE ROOT BALL ARE COMMON WITH CONTAINER PLANT PRODUCTION. THESE SMALL ROOTS ARE NOT DEFINED AS "DEFECTS" AND CAN BE ADDRESSED AT THE TIME OF INSTALLATION (SEE ROOT BALL SHAVING CONTAINER DETAIL). 2 SQUARE SPACING TRIANGULAR SPACING EQ.EQ. EQ .EQ.E Q . NOTE: THE TRIANGLE METHOD IS PREFERRED. USE SQUARE SPACING ONLY IN SMALL RECTILINEAR AREAS. TYP. PLANT SPACING PLANT LOCATIONS TYP. PLANT SPACING SHRUB & GROUNDCOVER SPACING SCALE: NTS5 TYP. PLANT SPACING AS. INDICATED ON CONST. DWGS. VARIES W/ PLANT SPECIES-SO THAT MATURE PLANTS WILL NOT OVERLAP ONTO CURB AND/OR SOD KEEP MULCH CLEAR FROM GROUNDCOVER STEM 2" MULCH LAYER OVER ENTIRE BED WEED CONTROL FABRIC EXCAVATE TO A MIN. DEPTH OF 12" AND BACKFILL W/ PLANTING SOIL EXISTING SOIL NOTE: TOP OF MULCH TO BE 1/2" BELOW PAVEMENT OR SOD GROUNDCOVER PLANTING DETAIL SCALE: NTS4ROOT BALL SHAVING CONTAINER DETAIL SCALE: NTS 2"Max. BEFORE SHAVING SHAVING PROCESS SHAVING COMPLETE SHAVE ROOT BALL HERE TO REMOVE ALL ROOTS GROWING ON PERIPHERY SHAVE OUTER PERIPHERY OF THE ROOT BALL A MAXIMUM OF 2" THICK ROOT TIPS EXPOSED AT PERIPHERY OF ROOT BALL. ALL ROOTS GROWING AROUND PERIPHERY ARE REMOVED NOTES: 1- SHAVING TO BE CONDUCTED USING A SHARP BLADE OR HAND SAW ELIMINATING NO MORE THAN NEEDED TO REMOVE ALL ROOTS ON THE PERIPHERY OF ROOT BALL. 2- SHAVING CAN BE PERFORMED JUST PRIOR TO PLANTING OR AFTER PLACING IN THE HOLE. 3 5001 S.W. 74th COURT, SUITE 201 MIAMI, FLORIDA 33155 TEL. 305-662-8887 FAX 305-662-8858 WWW.SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 Aida M. Curtis LA0001330 Jennifer Rogers-Pomaville LA6667093 Rafael J. Ferrer LA6667366 Mariana Gabriela Boldu Dallman LA6667246 Landscape Architect 7520 S RED ROAD, SUITE M www.curtisrogers.com LC C000241 305.442.1774 | 305.445.9488 FAX SOUTH MIAMI, FLORIDA 33143 L a n d s c a p e A r c h i t e c t u r e D E S I G N S T U D I O I N C C U R T I S + R O G E R S SW 84TH STREETMEDIANLANDSCAPING IMPROVEMENTSCITY OF SOUTH MIAMI PUBLIC WORKS4795 SW 75TH AVENUE, MIAMI, FL 33155LANDSCAPE NOTES &DETAILSL-4 UTILITY NOTES: INFORMATION OF SOME UNDERGROUND UTILITIES WAS NOT RECEIVED AT TIME OF DESIGN. EXISTING UTILITY LOCATIONS HAVE BEEN TAKEN PRIMARILY FROM UTILITY OWNERS OR GOVERNMENT RECORDS. NO GUARANTEE IS MADE OF THE CERTAINTY OF THESE LOCATIONS AND THE CONTRACTOR MUST VERIFY ALL LOCATIONS IN THE FIELD. 49 of 88 199952 EXHIBIT 2 SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 50 of 88 200953 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 51 of 88 201954 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 52 of 88 202955 issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 53 of 88 203956 EXHIBIT 3 SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City ’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 54 of 88 204957 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above , d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced o r solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. I f this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: ______________________ dollars and ________________cents Alternates: #1__________________ #2______________________________ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A, B, & C shall be completed, in full, within 90 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 55 of 88 205958 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such i nformation that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 56 of 88 206959 EXHIBIT 4 CONSTRUCTION CONTRACT SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 THIS CONTRACT was made and entered into on this _________ day of _________________, 20____, by and between _________________________________________________ (hereafter referred to as “Contractor”), and the City of South Miami (hereafter referred to as “Owner”), through its City Manager (hereafter referred to as “City”). . Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties , the solicitation documents (“hereinafter referred to as “Bid Documents”) and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: ______________________________________________________________Dollars ($_________________. __) (Spell Dollar Amount above) (“Contract Price”). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or in structed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed in 90 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $1,500.00 dollars per day, 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond (“Bond”) is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with 57 of 88 207960 such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. 11. The date that this contract was “made and entered into” and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 12. All provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be res olved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: _______________________________ Signature: ________________________________ Print Signatory’s Name: ________________________________ Title of Signatory: ________________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ______________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 58 of 88 208961 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 ARTICLE 1 – DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of th e term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City’s consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER’s solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager’s designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager’s designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR’S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER’s designated representative as identified in the Supplementary Conditio ns. Day: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word “days” refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or 59 of 88 209962 allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT’S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT’s recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, C ity Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Policy: The term “policy” as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endor sements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor “punch list” items; or if there be no such certificatio n, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by C ity Manager to be minor “punch list” work. 60 of 88 210963 Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term “Notice” as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 – PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after openi ng of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond, if any are required by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 61 of 88 211964 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor’s Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the C ity Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER’S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which t he identity of 62 of 88 212965 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3–CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT’s attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean “furnish and install complete in place and ready for service”. 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer’s literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent 63 of 88 213966 items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 – AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 64 of 88 214967 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 – INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as “Supervisor” at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of “As-Built” drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the 65 of 88 215968 purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 66 of 88 216969 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor’s contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. 67 of 88 217970 Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave ments, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager’s sole and absolu te discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager’s Emergency Management powers set forth in Ch. 14 of the City’s Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the C ontract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 68 of 88 218971 and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the s ubmission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT’s review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER’S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 69 of 88 219972 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR’s subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of t he construction contract. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specification s to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the ab ove requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as “third parties”) owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items ar e properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated b y CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 70 of 88 220973 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR’s Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR’s operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR’s own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR’s cost. 71 of 88 221974 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 – CITY’S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER’S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 – CONSULTANTS’ STATUS DURING CONSTRUCTION. City’s Representative: 9.1 CONSULTANT will be OWNER’S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER’S representative during construction are set forth in Articles 1 through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT’s decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move 72 of 88 222975 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT’s responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT’s Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. 73 of 88 223976 ARTICLE 11 – CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, state ment, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT’s determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by C ity Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health an d retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will 74 of 88 224977 accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word “Subcontractor” will be substituted for the word “CONTRACTOR”. 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term “Cost of the Work” does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 75 of 88 225978 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precise ly ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR’s sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreason able, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 – GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one 76 of 88 226979 that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different f rom the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager’s option, solely for the follow-up concerning warranty compliance for all items under manufacturer’s Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer’s warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a “purchase order”, or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER’s title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his 77 of 88 227980 reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the C ontract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor’s Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT’s approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT’s on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and suppo rting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 1, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 78 of 88 228981 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR’s payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has corrected Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR’s completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER’s Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, 79 of 88 229982 final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified (“Initial Certification”) by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager’s exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 80 of 88 230983 15.4 Upon seven (7) calendar days’ written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. 15.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days’ notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT’s request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 – MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 81 of 88 231984 ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR 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 the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER’S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day’s written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (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 the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as 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 authorize d by law for the duration of the contract term and following completion of the contract if the 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 the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the C ity Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. 82 of 88 232985 ARTICLE 20 – SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 – INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 – ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER’S consent to the assignment of CONTRACTOR’s rights. The City Manager may, in the manager’s sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER’s requirements to the City Manager’s sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 – FORCE MAJEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24- E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors must register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 83 of 88 233986 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontr acts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, CONTRACTOR: ___________________________ Signature: ___________________________ Print Signatory’s Name: ___________________________ Title of Signatory: ___________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 84 of 88 234987 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 A. Consultant: In accordance with ARTICLE 1 of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER’s designated representative as identified in the Supplementary Conditions. CONSULTANT’s, if any, and OWNER’s Designated Representative’s name, address, telephone number and facsimile number are as follows: Consultant: SRS Engineering, Inc. 5001 SW 74 COURT Miami, FL 33155 Ph: 305/662-8887 FAX: 305/662-8858 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another “person” to act as CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished ___________ sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT 1, Attachments A, B, & C to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 90 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Cond itions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. I. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ____ day of ________________, 20___, CONTRACTOR: ______________________________ Signature: ______________________________ Print Signatory’s Name:_______________________________ Title of Signatory: ______________________________ 85 of 88 235988 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: __________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 86 of 88 236989 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) SW 84th Street Landscape Improvements from SW 57th Ave to SW 58th Ave” RFP#PW2021-40 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge 87 of 88 237990 the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 88 of 88 238991 239992 RESPONDENT QUALIFICATION STATEMENT SW 54TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2021-40 The response to this questionnaire will be util ized as part of the CITY'S overall Proposal Evalu ati o n an d RESPONDENT selection. I. Number of similar projects completed, a) b) In the past 5 years In the past 5 years On Schedule In the past IO years In the past IO years On Schedule 3- 2 . List the last five (5) completed similar projects. a) b) c) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: M, o..r,, i "'te.si 5 h.- 3oS 3S0 'lct~ O'tlzs/z.02.1 Actual Final Contract Completion Date: ___ _,0"'--"9-'l'--z--'-=s--<--/_z._o_~......:..I _____ _ Original Contract Price: Actual Final Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone : Original Contract Completion Time (Days): Original Contract Completion Date: '50. a:v c30.QCQ 'K.e:tod Spo--u MliJebclf1.Ce. Sw re,. ?~~r+ies Actual Final Contract Completion Date: _____ s_;e::_,_·...:a:::i?=--=c.=.....------- Original Contract Price: s £36 . OCl() Actual Final Contract Price Proj ect Name: Owner Name: 16 of88