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Res No 011-23-15945RESOLUTION NO. 011-23-15945 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS PURSUANT TO SECTION 158-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS THE "UNITY FESTIVAL" PRESENTED BY THE SOUTH MIAMI BLACK CULTURAL AFFAIRS FOUNDATION, INC., TO BE HELD ON SATURDAY, FEBRUARY 18, 2023, AT MURRAY PARK; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in observance of Black History Month, the South Miami Black Cultural Affairs Foundation, Inc. (the "Applicant'), a not for profit corporation, has submitted an application to host its annual Unity Festival on Saturday, February 18, 2023, from 10:00 a.m. to 5:00 p.m. at Murray Park (the "Event"); and WHEREAS, the application for the Event is under review and subject to approval by the City Manager pursuant to Section lSB-6 of the City Code; and WHEREAS, provided the application for the Event is approved, the Applicant is requesting a waiver of event-related fees for the Event in the amount of $3,397, as follows: APPLICABLE EVENT FEES AMOUNT SPECIAL EVENT FEES ($60 APPLICATION, $100 $220 ADMINISTRATIVE & $60 EXPEDITING FEE) PARKS AND RECREATION (2 STAFF) $1,040 POLICE DEPARTMENT FEES (3 OFFICERS) $987 PARK RENTAL FEES (13HRS X $50/HR.) $650 REFUNDABLE SECURITY DEPOSIT $500 TOTAL $3.397 ; and WHEREAS, pursuant to Section lSB-6(11) of the City Code, the City Commission may waive event-related fees and costs imposed pursuant to Section 15B-6; and WHEREAS, the City Commission wishes to support the Event by waiving a portion of the special event-related fees and costs as set forth herein and finds that such waiver is in the best interests of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Page 1 of 2 Res. No .011-23-15945 Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2 . Waiver of Fees. Pursuant to Section 15B-6(11) of the City Code, the City Commission hereby waives $3,397 in event-related fees and costs associated with the Event as required under the Code, provided and conditioned upon the City Manager approving the application for the Event and the Applicant's compliance with all requirements under Section 15B of the City Code. Section 3. Applicability of All Other Fees and Requirements. Except as waive d and provided for herein, all other fees and costs and requirements of the Code remain applicable to the Event, and the City Manager shall ensure compliance with all Code requirements. Section 4. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Resolution. Section 5. Corrections. Conforming lan guage 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 6. Severability. If any section, clause, sentence, or phrase of this Resolution is for any reason held inva lid or unconstitutional by a court of competent jurisdiction, the holdin g shall not affect t he val idity of the remaining portions of this Resolution. Section 7. Effective Date. This Resolution sha ll become effective immediately upon adoption. PASSED AND ADOPTED this 7 t h day of February, 2023. ATTEST: c~X&bi READ AND APPROVED AS TO FORM , LANGUAGE, LEGALITY, AND EXECUTION THEREOF BIERMAN, P.L. CITY ATTORNEY APP~\ / ~ ~ COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich : Commiss i oner Calle: 5-0 Yea Yea Yea Commiss ion er Corey: Yea Commissioner Liebm an: Yea Pag e 2 of 2 Agenda Item No:6. City Commission Agenda Item Report Meeting Date: February 7, 2023 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS PURSUANT TO SECTION 15B-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS THE “UNITY FESTIVAL” PRESENTED BY THE SOUTH MIAMI BLACK CULTURAL AFFAIRS FOUNDATION, INC., TO BE HELD ON SATURDAY, FEBRUARY 18, 2023, AT MURRAY PARK; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS & RECREATION DEPT.) Suggested Action: Attachments: MEMO-Unity Festival 2023.pdf 45W5886-Resolution Unity Event Waiver of Fees CAv2.DOCX Supporting Documents - Unity Festival 2023.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission VIA: Genaro “Chip” Iglesias, City Manager From: Quentin Pough, Director of Parks & Recreation DATE: February 7, 2023 SUBJECT: A Resolution of the City Commission of the City of South Miami, Florida, authorizing the waiver of certain event-related fees and costs pursuant to section 15B-6 of the city code for a special event known as the “Unity Festival” presented by South Miami Black Cultural Affairs Foundation, Inc., to be held on Saturday, February 18, 2023, at Murray Park; providing for applicability of other fees and code requirements; implementation; corrections; severability; and an effective date. BACKGROUND: In observance of Black History Month, the South Miami Black Cultural Affairs Foundation, Inc. (‘the applicant’), a not for profit corporation, has requested to host its annual Unity Festival on Saturday, February 18, 2023, from 10:00 a.m. to 5:00 p.m. at Murray Park. The festival is a free public event that will consist of live music, community speakers, and performances. There will be 10’x10’ tents on the perimeter of the main multipurpose field showcasing arts & crafts vendors, food vendors, and other special exhibits/vendors. As done in previous years, parks and recreation staff will be required to be on site to assist with litter removal and restroom upkeep. Additionally, based on the anticipated attendance—300-400 persons per the applicant—police officers will be required to be on site for the duration of the event. Upon approval of this event, the applicant must provide the City with the required Certificate of Liability Insurance that complies with the City’s standard insurance requirements, including naming the City of South Miami as an additional insured prior to the event. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM FEES TO BE WAIVED: The applicant has completed the special event application and is requesting to waive all special event fees in the amount of $3,397, as illustrated in the table below: ATTACHMENTS: Resolution Special Event Application & Supporting Documents APPLICABLE EVENT FEES AMOUNT SPECIAL EVENT FEES ($60 APPLICATION, $100 ADMINISTRATIVE & $60 EXPEDITING FEE) $220 PARKS AND RECREATION (2 STAFF) $1,040 POLICE DEPARTMENT FEES (3 OFFICERS) $987 PARK RENTAL FEES (13HRS X $50/HR.) $650 REFUNDABLE SECURITY DEPOSIT $500 TOTAL $3,397 3 Page 3 of 3 87 6 7 South f Miami SPECIAL EVENT APPLICATION Permit#: ( L 8'1?> This application must be submitted for special even t s that will be held on city property or requiring city serv ices at lea st sixty (60) days prior to the date of the event. Application submitted less than thirty (30) days prior to an event will NOT be accepted . Plea se refer to the Special Events Handbook for more information about applying for a specia l event in the City of South Miam i. APPLICANT IN FORMATION APPLICANT NAME : /..£,,Yj "J(tll-V DAY TIME PHONE: Se,,\ \ E------/ TITLE :b1iSt ness l:{!AtJ A6£'2- MOBILE: r['Ob · .LJ 2-3 -S 7 7t EMAIL beA~llyffe (\: VY) J IL, • C ,0 !!l 2nd CONTACTNAME:~\J\Ja..h ~~ DAY TIME PHONE : _<l=-'""A]...._~~~~------:;;;--" TITLE: R6Sl S)Efs,/ 1 ~ A MOBILE: 3 0S -c03-?t8(,.p EMAIL: dcp q 177iJ:yatioo •C-Pl'}') ORGANIZATION INFORMArtON NAME OF ORGANIZATION: S 4 mt ""1 fr Y1 -n1 A.c.¥:.wrru e.A Aff", f-i tiuttl · J-ti ADDREss: ~ 2.... · S w. &o A VE;,, r,.A \ oM l ,==L-. 33r 4 :3 PRESIDENT/MANAGER NAME : --'-k--'""-v'-y-+-_/_L_<L._·\_\ \.,-+/----·_-PHO.NE ; rra0 -'-~j~, -~·77~ Is your organization a non-profit, SOl(c) (3) certificate holder? O NO [)YES -If YES , please provide a copy of your certificate with the application. EVENT INFORMATION TYPE OF EVENT : ~STIVAL/CELEBRATION O RUN/WALK 0 FILM/PHOTO PERMIT 0 CHARITY O OTHER : ------------ NAME OFEVENT U IJ !J j ~ I lll('r £..., LOCATION OF EVENT r&,rw G / b \ \[)r '.DC".,-, (.e...u-..l-t,~ EVENT DATE(S): 2 -l S -Z S □ NEW EVENT □ RETURNING EVENT WILL THIS BE AN ANNUAL fVENT? 0 NO [B-"vES IF YES, THIS IS THE /f2__ YEAR OF THE EVENT ANTICIPATED ATTENDANCE. , t/t..XJ ACTUAL EVENT TIME: /0 r-Q /PM to jt2yYJ AM/ M ASSEMBLY DATE(S): :2 -1 . &3 BR EAKDOWN DATE(S): l -16 k2 BREAKDowN TIMEs :M:cv AM 1 8 EVENT NARRATIVE A detailed written description/summary of your event is required . Please describe all activities, schedule of activities, inventory of any sold items, giveaway items, list of vendors and any other important information . If additional space is needed please use a blank sheet of paper and attach to the application . LOCATION APPROVAL If the organization is a tenant and/or renter of the event location, please have the property owner complete the following. Mark all that apply: □~cation is City of South Miami property (street, sidewalk, right-of-way, park, etc.) D Applicant/Organization owns the requested event location D Applicant/Organization will be using private property Comments/Restrictions: --------------------------- Property Owners Name: \ ~ , ( S1 l\ I I/ ~\rJ \HI Phone : _______ _ Property Address: _"__._. ......... ( _l ______ .'.'i_\-'---_....__/1 __.{.._(_f_l _, -----''------'-'---'-------------- I am _______________ [Print name of Property Owner] Under penalties of perjury, I declare that I have read the foregoing application , including the information that has been inserted into this form , and the facts stated in this document are true . PROPERTY OWNER SIGNATURE DATE NOTARY SIGNATURE Subscribed and sworn before me , this ____ Dayof ______ _,a Notary Public in and for ____ _ County, State of _______ _ Signature (NOTARY PUBLIC) 2 9 POLICE DEPARTMENT Off-duty police officers are required for street closures as determined by the Police Department. You will be required to hire off-duty police officers if your event includes street closures, alcohol sales or large crowds over 50 people. Applicants will be responsible to pay for off-duty officers prior to the event date. Yes □ ~ No ,,..-· 9' Will your event obstruct the normal flow of traffic or sidewalks? D Do you expect the total attendance for your event to be over 50 people at any one given time? □ Will you be requesting the use of off-duty police officers? If YES, how many ___ Please note: if you answered NO, to this question off-duty officers can still be assigned to your event at a cost to the applicant if deemed necessary. If NO, please describe why you feel the event will not require off-duty officers. STREET, SIDEWALKS AND RIGHT-OF-WAY CLOSURES List detailed closures you are requesting for your event including street, sidewalks and right-of-ways. Please note: All closures require City Commission approval by resolution and may take up to two (2) months to be approved. All street, sidewalk and right-of-way closures must be identified on the site map. PLANNING AND ZONING Yes □ No ~ Will you be hanging any banners over public streets or pole banners? If YES, a separate Banner Application with the City of South Miami Planning & Zoning Department will be required. □ Please note; Only 501(c)(3) organizations may apply for a banner application. All requests for banners over public streets must be reviewed and pre-approved. A 501(c}{3) certificate, insurance and photos of the banner must be included with the application to the Planning & Zoning Department. Have you notified the event location neighbors or businesses about your event? 3 10 • CODE ENFORCEMENT Yes No D Will you be having any music and/or amplified sounds during your event? Will your event be starting before 8:00 AM? □ □ ~ Will any music and/or amplified sounds play past 9:30 PM? PARKS AND RECREATION if No □ PARKING DIVISION Yes No □ ~ □ □ 0 ,.... PUBLIC WORKS Yes if □ □ □ G / □ s" Will this event take place in any of the South Miami City parks and/or recreation facilities? Please no te: A rental fee will be applicable if a city park is be ing used . Will this event require the use of any Department equipment (stage)? If YES , p lease sp ecify si ze of t h e stage re q uesting: ________ _ Will this event require the use of any Department staff? Will you be renting any City parking meters? If YES , how many __ _ Please note: All clo sures or i nterference on right-of-ways that includes park ing meters will be requ ired to pay the da ily meter fee . • i)o yoLl h ave ~n o ug h on-~1t e pa rkin g to accommodate your ev2 nt? Will your event involve the use of a shuttle and/or alternate parking sites? Will your event interfere with any public right-of-ways, such as roads , idewalks, alleys, etc .? Will your event require any full and/or partial right-of-way closures? Please note: Any right-of-way closures will require at least one off-du t y officer per corne r and the rental of barricades . Would you like the City to provide you with any additional barricades for your event? If YES , how m any ____ _ Will your event require City Staff to remove recyclable goods, waste and garbage during and after the event? If NO , please describe your plans for the cleanup and removal of recyclable goods, waste and garbage during and after your event . :X,ev ~ ~ 1L---k ~'Y\oUe__ 4 11 ADDITONAL EVENT FEATURES D Temporary Fencing 0 Inflatables/Rides ~ Signs/Banners ~ Tents or Canopies D ~ditional Barricades if Electrical Services/ Generators ~eMusic D Open Flames D Port-A-Johns D Other: ________________________ _ Pl ease note: If any of the following apply, a separate narrative descr iption of each add itional feature may be required by t he City with this application . Additionally, tents, open flames and signs/banners may require an additional Permit at the cost to the applicant. FEE WAIVERS Applicants requesting a fee waiver must complete the below section and must include a letter from the business or organization along with the completed Special Events Application. It is at the discretion of the City Commission, to approve or disapprove all fee waiver requests and may take up to two (2) months . Yes No ~ D Will you be submitting a letter for the waiver offees? If YES, please list all fees that w ill be request e d to be waived : ~v ¼L-J :lc2\L G~S,e_,.r vc < .S.1 FILM/STILL PHOTOGRAPHY Type of Production : __________ -4k--1--\------------------- Special Effects or W eapons: ---~j-+/--+1/-_;+) _________________ _ I \_ T I Base Camp Location: _____________________________ _ Number of Cast : ______ _ Crew: --------Extras : ________ _ Type of Vehicle : _________________ _ Total Vehicles: ------ Parking Location : _____________________________ _ DEPARTMENT DIRECTORY Special Events Division (305) 668 -3873 Publ ic Works & Engineering (305) 403 -2063 Cod e Enforcement (305) 668 -7335 South Miami Police Parks a nd Recreation Pl a nning a nd Zoning (305) 663-6301 (305) 668 -3876 (305) 663-6326 5 12 INDEMINIFATION AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between S. \\.A., B"\ 2G\l W 1.Jv-l Af-Ja \ ("Applicant"), and the City of South Miami ("City") on the date on which the last of the Parties executes this Agreement . RECITALS WHEREAS, the ~licant has submitted a Special Event Permit Application to the City for (event title) \l.1111 ~ ~l :L-at Ee/J,1e I /GI~,, So v1 ei . (location) on (date(s)) J Lk3 . ("Special Event"); and WHERAS, pursuant to of the City's Code and the City's Special Event Regulations, the Applicant must execute an indemnification and hold harmless agreement protecting the City from claims which may arise out of the Special Event. Now, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows : 1 . The above recita ls are true and correct . 2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and assigns ( co l lectively "lndemnitees") harmless from and against any and all such claims, suits, actions, damages, or causes of action arising as result of the Special Event, or of the condition of the site on which the Spec i al Event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any costs, attorney's fees, expenses or liabilities included in and about the defense or settlement of any clams, and the investigation thereof, except to the extent caused by indemnitees negligence of willful misconduct. 3. No Street shall be closed without approval from the City Commission . 4. Traffic shall be maintained in accordance with Florida Department of Transportation (FDOT), Miami-Dade County standards and any additional requirements by the City of South Miami Public Works Department and Police Department. 5. Event areas shall be restored to equal or better condition than they were before the event started . G. , nv 1.!21 ,1age to private prop erty ~hall b~ 1 estored t " i t:s, 1ri ginal condition or better and as accepted by the Owner caused by appl icant or any of its agents, servants or employees, invitees and onlookers. 7. If all restoration work is not performed within 30 days of work completion, the City of South Miami Public Works Department may restore the event area and charge the applicant for the cost of restoration and additional incidental fees . 8. Applicant must pay all fees prior to the date of their event(s). 9. Applicants shall notify the City of South Miami Special Event Coordinator at least forty-eight (48) hours prior to start of their event of any cancellations to be considered for any refunds . IN WITNESS WHEREOF , each of the parties hereto has caused this Agreement to be executed and sealed by its duly a thorized signato Tt) on the date set forth below and notarized . {):{/ ill~ /~ '-J J ,. E APPLICANT'S TITLE / M /pf3/zs DATE NKENGA A. PAYNE MY COMMISSION# GG 918237 Signat TARY PUBLIC) ~~-. .~J EXPIRES: October 6, 2023 . .. '" nd -·-'•• ··<t.ii(.!~?~··· Bonded Thru Notary Public U enm..,rs 6 13 \J -1 ROUTE/MAP A map of the event site is required and should indicate d the event layout with proposed attractions, recommended street closures, parade or run/walk route s, etc. Please draw your map on the space provided below, or attach a map to the appl icat i on upon subm ittal. The followi ng must be identified and labeled 1. Event site {streets, bld g., etc.) 3. Can opies, tents, stage s 5. Fenc i ng/Barricades 7. First aid facilities 2. Routes {races, para des, etc.) 4. Restroom facili ties 6. Off d uty pol ice officers 8. Pa rking Area EJEJ -IF! Fl KJ t) I ~ -~ _»•/ ~ ~ /€, {), ~ '. ··~ t~~ I I ] ~~ / 14 NOTIFICATION/PEmION We, the undersigned business and/or residents, have been notified of street closures associated with the event noted about on said date, and hereby agrne or disagree to the closure(s). We are also aware that this response may not effect this application being disapproved. Resident/Business Name Contact Name/Title Phone No. Signature Check one D Agree D Disagree 0 Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree / D Agree D Disagree I ' D Agree D Disagree ./ D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree 8 15 FINAL CH ECK LIST This list is to ensure that all necessary documentation is included and that all required procedures are followed . The Special Event Coordinator will check the application against this checklist to ensure all information was submitted correct ly. I [lj,' APPLICATION: 0 APPLICATION FEE : SIGNATURES: [g EVENT NARATIVE: / All i nformation has been properly filled out on the application with all required documents at least 21 days prior to the proposed event . A $60 application fee and $100 administrative fee must accompany your submissio n in check or money order form . Application must be signed and notarized. Briefly discuss your Organization/Business, the purpose of your event, the benefits, etc . NOTIFICATION FORM: The name, signature, address and phone number of each person I [21 SITE PLAN: I [21 ' COPY: SUBMIT APPLICATION TO: who is either a property owner or lessee within the requested event area must appear on the sheet . A site plan must be submitted with the application that must show inters ecting streets, parking areas, tents, stages, routes, barricades, etc. It is strongly recommended that you make a copy of your app l ication for your own records Yvette Valdes, Special Events Coordinator Gibson-Bethel Community Center 5800 SW 66th Street South Miami, FL 33143 Office: 305-668-3873 Email: yvaldes@southmiamifl.gov Once the app lication has been approved processed and the date has been reserved the following must be submitted prior to the event date. 0 INSURANCE: 0 EVENT FEES : Th e applicant is required to submit a Certificate of Insurance naming the event and the City of South Miami (6130 Sunset Drive South Miami, FL 33143) as an additional insured, in the amount of $1,000,000. All other City service fees including but not limited to, Off-Duty Police, Public Works, Parking Meters, etc . will be due ten (10) days prior to the event date . 9 16 Mr. Genaro "Chip " Iglesias, City of South Miami, City Manager 6130 Sunset Drive South Miami , FL 33143 Dear Mr. Iglesias, Please accept this letter as formal request to waive ALL City fees including special event fees, police, park rental and park staff fees to host our annual Unity Festival to be held on Saturday, February 18, 2023, from 10am to 5pm at Murray Park. The City of South Miami has been an active Community Partner with our organization for many years for th is event and others . As an active partner, it would be si ncerely appreciated if the fee waivers can be granted . We Thank you for your support and consideration . South Miam i Black Cultural Foundation Inc . 17 Police Department E ent C o t E ti.mate ubmitted To: ame of E n.t: nity F riv al 211sn3 3 Offic r FICA: Equipment: Barricade Flat Rat (P r rd r ddit io nal fe per Barri ad -3.00 (Q . Q) Polic e h icle Pr pared by: ppro d Capt. Larry Corbin officer Total 98 7 .00 [G rand Total: 987.00 18 CITY OF SOUTH M I AMI SoMi Parks PARKS AND RECREA TION DEPARTMEN T Special Events Division 5800 SW 66 Street South M i ami , FL 33143 TO : Unity Festival South Miami Black Cultural Affairs Foundation Inc. February 18, 2023 CITY SERVICE Special Event Application Special Event Administrative Fee Expediting Fee Security Deposit (2) Parks Staff (13 hrs. X $40/hr. X 2 Staff) Murray Park field (13 hrs. X $50/hr.) CITY ESTIMATE DATE : 1/31/2023 AMOUNT $60 $100 $60 $500 $1040 $650 Total Amount Due: $2,410 Please make checks payable to ... City of South Miam i 6130 Sunset Drive South M i ami , FL 33143 1111 I 111 'I!\' I 11 I I, THANK YOU!