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Res No 168-23-16101RESOLUTION NO. 168-23-16101 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS IN THE AMOUNT OF $2,588 PURSUANT TO SECTION 15B-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS "UNITY FESTIVAL" PRESENTED BY SOUTH MIAMI BLACK CULTURAL AFFAIRS FOUNDATION, INC., TO BE HELD ON FEBRUARY 24, 2024 AT MURRAY PARK; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, the South Miami Black Cultural Affairs Foundation, Inc. ("the Applicant"), a not-for-profit corporation, has submitted an application to the City of South Miami (the "City") to host its annual Unity Festival on Saturday, February 24, 2024, from 11 :00 a.m. to 6:00 p.m at Murray Park in observance of Black History Month (the "Event"); and WHEREAS, the application for the Event is under review and subject to approval by the City Manager pursuant to Section 15B-6 of the City Code; and WHEREAS, provided the application for the Event is approved, the Applicant is requesting a full fee waiver of fees and costs in the amount of $2,588 (the "Fee'') for the following City services: APPLICABLE EVENT FEES AMOUNT SPECIAL EVENT FEES ($60 APPLICATION & $100 ADMINISTRATIVE) $160 PARKS AND RECREATION (2 STAFF) $800 POLICE DEPARTMENT FEES (3 OFFICERS) $1,128 PARK RENTAL FEES (10HRS X $50/HR.) $500 TOTAL ~ REFUNDABLE SECURITY DEPOSIT* $500 ; and WHEREAS, pursuant to Section 1 SB-6(1 I) of the City Code, the City Com.mission may waive event-related fees and costs imposed pursuant to Section 1 SB-6; and Res. No. 168-23-1 6 10 I WHEREAS, th e C ity Commission d es ires to approve the waiver of the Fee for the Event; and WHEREAS, th e Ci ty Commission finds th at this Resolution is in the best inte res t and we lfare of the C ity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH l\lITAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recita ls a re true and correct and a re incorp orate d herein by thi s reference. Section 2. Waiver of Fee. Pursuant to Section l SB-6( 11) of the C ity Code, th e City Co mmission he reby waives the Fee for the Event, provide d a nd conditioned upon the C ity Manager approving the application for th e Event and the Applicant's co mpliance with all requirement s under Sectio n 15B of the City Co de. Section 3. Applicability of All Other Fees and Requirements. Except as waived and provided for he rein , a ll o ther fees and costs and requirements of the Code remain app lic able to th e Event, and the C ity Manager s hall ensure compliance with a ll Code r equire ments. Section 4. Implementation. That the C it y Manager is authorized to take any and all actions necessary to impl e ment the purposes of this Resolution. Section 5. Corrections. Conforming language or technica l scrivener-type correcti o ns may be made by th e C it y Attorney for any conforming a mendments to be incorporated into th e final resolutio n for signature. Section 6 . adoption. Effective Date. This R es olution s ha ll become e ffe ctive .immed iately upon PASSED AND ADOPTED thi s 19th day of D ecembe r, 2023. READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF ~LFMANCOLE & BIERMAN, P.L. C ITY ATTORNEY Page 2 of2 APPROV~ ~ CO MMISSION VOTE: 5-0 Mayor Fern a nd ez: Yea Vice Mayor Bonich: Yea Commiss io ner Calle: Yea Commi ssioner Liebman: Yea Commiss ione r Corey: Yea Agenda Item No:3. City Commission Agenda Item Report Meeting Date: December 19, 2023 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS IN THE AMOUNT OF $2,588 PURSUANT TO SECTION 15B-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS “UNITY FESTIVAL” PRESENTED BY SOUTH MIAMI BLACK CULTURAL AFFAIRS FOUNDATION, INC., TO BE HELD ON FEBRUARY 24, 2024 AT MURRAY PARK; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS & RECREATION DEPT.) Suggested Action: Attachments: MEMO-Unity_Festival_2024.docx 47U3583-Resolution Approving Unity Festival Special Event Fee Waiver - Feb 24 2024.docx Unity Festival Supporting Documents.pdf Fee Waiver Letter.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor &Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:December 19, 2023 Subject:South Miami Black Cultural Affairs Foundation, Inc. Fee Waiver Request in the amount of $2,588 for its annual Unity Festival event. RECOMMENDATION:Staff recommends a fee waiver in the amount of $2,588 for the South Miami Black Cultural Affairs Foundation, Inc. to host its annual Unity Festival event on Saturday, February 24, 2024. 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 24, 2024, from 11:00 a.m. to 6:00 p.m.at Murray Park. The festival is a free public event and will consist of live music, community speakers, and performances. There will be multiple 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,staff will be on site to assist with park grounds and restroom upkeep.Based on the anticipated attendance provided by applicant,—300 people—police officers will be required to be on site for the duration of the event.Historically, fewer than 200 people have attended 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. FEES TO BE WAIVED:City costs associated with this request consist of $660 indirect and $1,928 direct fees.The applicant has completed the special event application and 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM is requesting to waive all special event fees in the amount of $2,588 as illustrated in the table below: REFUNDABLE SECURITY DEPOSIT*:A $500 refundable security deposit has been submitted and will be applied only if there is event-related damage or trash remaining post event. ATTACHMENTS:Resolution Special Event Application & Supporting Documents Letter from Applicant – Request for Waiver APPLICABLE EVENT FEES AMOUNT SPECIAL EVENT FEES ($60APPLICATION &$100ADMINISTRATIVE )$160 PARKS AND RECREATION (2STAFF)$800 POLICE DEPARTMENT FEES (3 OFFICERS)$1,128 PARK RENTAL FEES (10HRS X $50/HR.)$500 TOTAL $2,588 REFUNDABLE SECURITY DEPOSIT*$500 3 7 Sout~iami Permit#: THf < I I \ Of l'I fAV1.'\!I l !\ IN(; SPECIAL EVENT APPLICATION This application must be submitted for special events that will be held on city property or requ iring city services at least 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. Please refer to the Special Events Handbook for more information about applying for a special event in the City of South Miam i. APPLICANT INFORMATION APPLICANT NAME: 4 v -i t~L>/ DAY TIIVIE PHONE: 7si _Jf23 -SJ i & EMAIL: wy k ~'-1$1,:v g [l"q ~-C.o ,vJ 2nd CONTACT NAME: /J..AtfJ > D Nt)/ //l 0:SdeA,I DAY TIME PHONE: ___________ _ TITLE: {¢y 6J (}t,, 0 ['4 ntlj e /2_ MOBILE: SI\-M E MOBILE: ________ _ EMAIL: ___________________________ _ ORGANIZATION INFORMATION NAME OF ORGANIZATION: .::Oitt)J M1~ ])~ LUL1J)~A{ _., AffA \~ fcui1 . JJ? C - ADDRESS: toz ,,,f:D s, IM • Id) Gll[z Mt 2---f Vl( ;fl,,-· ·?:?:)i~ '3 PRESIDENT/MANAGER NAME: ~A¥ /ruf (T. PHONE: 7 2l --!12~-572-b Is your organization a non-profit, S0l(c) (3) certificate holder? 0 NO DYES -If YES, please provide a copy of your certificate with the application. EVENT INFORMATION TYPE OF EVENT: []1--ffsTI VAL/CELEBRATION 0 CHARITY NAME oF EVENT: ~, M 1-g.. ~v11 0 RUN/WALK 0 FILM/PHOTO PERMIT 0 OTHER: ___________ _ ~ l f/2\ASJ}C Je!6(11 /IYI , LOCATION OF EVENT: _.__---=->,.,........,,"'-ll:::'-"'---+----4___,.""-"--~--===-------------- 0 NEW EVENT !E"RETURNING EVENT WILL THIS BE AN ANNUAL EVENT? 0 NO IZ]' YES IF YES, THIS IS THE /fl_ YEAR OF THE EVENT ANTICIPATED ATTENDANCE: c;i7D ACTUAL EVENT TIME: ff,t4HqAM/PM to @ 'f'tt/ AM,@ ASSEMBLY DATE(S): ,fiit? 2 J-fi JbZ :] SETUP TIMES: /V /ffY/ G PM to //,' @ /PM BREAKDOWN DATE(S): "/fl} 7 ~? }f2Z]A BREAKDOWN TIMES:~ A ~to 1: )Q AM ~ 1 /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 ~ation 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 .) 0 Applicant/Organization owns the requested event location D Applicant/Organization will be using private property Comments/Restrictions: __________________________ _ Property Owners Name {~,l-kV\ ~ '.'\o, vV\1 ~,:,:'.\ I Phone: _________ _ Property Address:t)Cf;OD::z, ~. ~b b.\--v-~ '.72t':3lt~ ~, v f\11\ .;, vi ( K . 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 ____ Day of ______ ~ 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 SO people. Applicants will be responsible to pay for off-duty officers prior to the event date. Yes □ i,J" □ No / li2r' Will your event obstruct the normal flow of traffic or sidewalks? D Do you expect the total attendance for your event to be over SO 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 v,. u 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 □ 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. D Have you notified the event location neighbors or businesses about your event? 3 10 CODE ENFORCEMENT □ □ No □ 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 □ □ No □ Will this event take place in any of the South Miami City parks and/or recreation facilities? Please note: A rental fee w ill be appl icable if a city park is bein g used . ~ Will this event require the use of any Department equipment (stage)? If YES, please specify size of the stage requesting: _______ _ ~ Will this event require the use of any Department staff? PARKING DIVISION Yes □ No / ~ Will you be renting any City parking meters? If YES, how many __ _ Please note: All closures or interference on righ t-of-ways t ha t i ncludes parki ng meters w i ll be required to pay the daily meter fee . ~ D Do you have enough on -site parking to accommodate your event? D U Will your event involve the use of a shuttle and/or alternate parking PUBLIC WORKS Yes □ □ □ sites? No V' Will your event interfere with any public right-of-ways, such as roads, sidewalks, alleys, etc.? Will your event require any full and/or partial right-of-way closures? Please note: Any right-of-way closures w i ll requ i re at leas t one off-duty officer per corner and the rental of barr icades . I[] Would you like the City to provide you with any additional barricades for your event? If YES, how many (f, ) ~ 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. 7'/_.._.,._ J0nJ»r5 4 11 ADDITONAL EVENT FEATURES D Inflatables/Rides D Additional Barricades l:iJAiectrical Services/ Generators ~eMusic D Open Flames D Port-A-J ohns D Temporary Fencing liZJsigns/Banners ~ents or Canopies D Other: -------------------------- Please note: If any of the following apply, a separate narrative description of each additional feature may be required by the City with this application. Additionally, tents, open flames and signs/banners may require an additional 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 . No □ Will you be submitting a letter for the waiver of fees? If YES, please list all fees that will --£:;/2-- FILM/STILL PHOTOGRAPHY Type of Production: _______ 1.,_A-+~~2-• -1-2f ______________ _ Special Effects or Weapons: _________________________ _ Base Camp location: ____________________________ _ Crew: Number of Cast: _____ _ --------Extras: ________ _ Type of Vehicle : _________________ _ Total Vehicles: _____ _ Parking location: _____________________________ _ DEPARTMENT DIRECTORY Special Events Division {305) 668-3873 Public Works & Engineering {305) 403-2063 Code Enforcement (305) 668-7335 South Miami Police Parks and Recreation Planning and Zoning {305) 663-6301 {305) 668-3876 {305) 663-6326 5 12 INDEMINIFATION AGREEMENT ~n (\,\\~( 13\~(c'.___ THIS AGREEMENT ("Agreement") is entered into by and between ov(;T!l(.;l I ktften~:mp II\[ . ("Applicant"), and the City of South Miami ("City") on the date on which the last of the Parties executes this Agreement . RECITALS WHEREAS, the Applicant has submitted a Special Event Permit Ap lication to the City for (event title) cX11~M,·\~{ l111~Ll~< /fl'S\-:( ~ at ' fl'/(_ (location) on (date(s)) 'f/4:,f} ZtfJ 2-3 . ("Special Event''); nd 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 recitals are true and correct. 2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and assigns ( collectively "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 Special Event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any costs, attorney's fees, expenses or liabilities included in and about the defense or settlement of any clams, and the in vestigation thereof, except to the extent caused by indemnitees negligence of willful misconduct. 3. No Street shall be closed without approval from the City Commission . 4. Traffic shall be maintained in accordance with Florida Department of Transportation (FDOT), Miami-Dade County standards and any additional requirements by the City of South Miami Public Works Department and Police Department. 5. Event areas shall be restored to equal or better condition than they were before the event started. 6. Any damage to private property shall be restored to its original condition or better and as accepted by the Owner caused by applicant or any of its agents, servants or employees, invitees and onlookers . 7. If all restoration work is not performed within 30 days of work completion, the City of South Miami Public Works Department may restore the event area and cha r ge t he applicant for the cost of restora t ion and additional incidental fees . 8. Applicant must pay all fees prior to the date of their event(s). IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly authorized signatory(ies) on the date set forth below and notarized . I am L:Wvteu--{1 I 7 [Print name of Applicant] of perjury, I declare that I have read the forego ing application, i ncluding the information that has • d the facts stated in this document are true . cct, ~ 21J 2 3 DATE 6 13 I m WJ m ROUTE/MAP A map of the event site is required and should indicated the event layout with proposed attractions, recommended street closures, parade or run/walk routes, etc. Please draw your map on the space provided below, or attach a map to the application upon submittal. The following must be identified and labeled 1. Event site (streets, bldg., etc.) 3. Canopies , tents, stages 5. Fencing/Barricades 7. First aid facilit ies 2. Routes (races, parades, etc.) 4 . Restroom facilities 6. Off duty police officers 8. Parking Area e © ® ® ca ® (] Q D 0 14 ~) Wil l FtvD1P.C6 fa; \fJdcrE> r=ctJ -O'r ~~56 \U::fl 3) ~D~-~o@ C) ONG<f\~S Nwl=\ 15 NOTIFICATION/PETITION We , the undersigned business and/or residents, have been notified of street closures associated with the event noted about on said date, and hereby agree or disagree to the closure(s). We are also aware that this response may not effect this application being disapproved. Resident/Business Name Contact Name/Title Phone No. Signature Check one D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree D Agree D Disagree 7 I D Agree D Disagree I D Agree D Disagree V D Agree D Disagree I D Agree D Disagree I 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 D Agree D Disagree 8 16 FINAL CHECK LIST This list is to ensure that all necessary documentation is included and that all required procedures are followed . The Special Event Coordinator will check the application against this checklist to ensure all information was submitted correctly. [J' HANDBOOK: ~ APPLICATION: □ APPLICATION FEE: ~ SIGNATURES: ~ EVENT NARATIVE: □ NOTIFICATION FORM: d' SITEPLAN: ~COPY: SU BMIT APPLICATION TO: Received and reviewed the Special Events Handbook . All information 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 administrat ive fee must accompany your submission 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. The name , signature, address and phone number of each person who is either a property owner or lessee within the requested event area must appear on the sheet. A site plan must be submitted with the applicat ion that must show i ntersecting streets, parking areas, tents, stages , routes, barricades, etc . It is strongly recommended that you make a copy of your application for your own records Yvette Valdes, Special Events Coordinator Gibson -Bethel Community Center 5800 SW 66th St r eet South Miami, FL 33143 Office : 305 -668 -3873 Email: yvaldes@s ou thmiamifl.gov Once the application has been approved processed and the date has been reserved the following must be submitted prior to the event date. □ INSURANCE: □ EVENT FEES: The applicant is requ ired to submit a Cert ificate of Insurance naming the event and the City of South Miam i (6130 Sunset Drive South Miami, FL 33143) as an additional i nsured , in the amount of $1,000,000 . All other City serv ice fees including but not lim ited to, Off-Duty Pol ice , Public Works, Parking Meters, etc . will be due te n (10 ) days prior to the event date . 9 17 Submitted To: Name of Event: Sout~iami THE CITY OF PLEASANT LIVING Police Department Event Cost Estimate Yvette Valdes, Special Events Coordinator Unity Festival Event Day/Date (s): Saturday 2/24/24 Times Hours Hourly Cost 3 Officers lOOOM 8hrs 1800hrs each FICA: Equipment: Barricades Flat Rate (Per Order) Additional fee per Barricade M $3.00 (Qty. Q) (2) Police Vehicle $47.00 per officer Extended Cost $1,128.00 $ $ $ $ Total $1,128.00 !Grand Total: $1,128.00 Date: 11/7/23 Approved by: _________ _ A/Chief Larry Corbin 18 C ITY O F SOUTH MIAMI SoMi Parks CITY ESTIMATE PARKS AND RECREAT ION DEPARTMENT Special Events Division 5800 SW 66 Street South Miami, FL 33143 TO : Un it y Festival Sou th M iam i Bl ack Cul t u ra l Affairs Fo un d atio n Inc. Feb ru ary 18, 20 23 CITY SERVICE Special Event Application Special Event Administrative Fee (2) Parks Staff (10 hrs. X $40/hr. X 2 Staff) Murray Park field (10 hrs. X $SO/hr.) Total Amount Due: Refundable Security Deposit: Please make checks payab le to ... City of South M i am i 6130 Sunset Dr ive South Miam i, FL 33143 THANK YOU! DATE : 12/6/2023 AMOUNT $60 $100 $800 $500 $1,460 $500 19 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 a 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 Friday, February 24, 2024, from 11 am to 6pm at Murray Park. The City of South Miami has been an active Community Partner with our organization for many years for this event and others. As an active partner, it would be sincerely appreciated if the fee waivers can be granted. We Thank you for your support and consideration. South Miami Black Cultural Foundation Inc.