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12-15-09 Item 5South Miami All- America City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: December 15, 2009 ITEM No.—f-- Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE A NEW YEAR'S DAY 5K RUNIWALK RACE FOR TO BENEFIT THE SOUTH MIAMI POLICE EXPLORERS AND THE UNITED SERVICE ORGANIZATION TO BE HELD JANUARY 1, 2010; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, TeamFootWorks (Educational) a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote the a New Year 5K Run/Walk to benefit the South Miami Police Explorers and the United Service Organization. This event will take place in South Miami. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended the Land Development Code to require approval of all banners placed across a public street. The ordinance created Section 20 -4.3 (N) which sets forth regulations governing the placement of banners. Attached is a copy of that section. SPECIFIC BANNER REQUEST The proposed banner would be placed across the street at 5880 Sunset Drive. The event is scheduled to take place on New Years Day, January 1, 2010. Attached is a copy of the application, the banner design document, and Insurance Certificate. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event which would be December 18, 2009 to January 2, 2010. RECOMMENDATION It is recommended that the banner request be approved for the time period as requested. Attached is an approval resolution. Backup Documentation: Draft Resolution ; Statement on proceeds Banner Application and banner design; Insurance Certificate LDC Section 20- 4.3(N) Banner Status Report 2009 TJV /SAY X: \Comm Items\2009 \12- 15- 09\Banner Approval Race for Cure CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE A NEW YEAR'S DAY 5K RUNIWALK RACE TO BENEFIT THE SOUTH MIAMI POLICE EXPLORERS AND THE UNITED SERVICE ORGANIZATION TO BE HELD JANUARY 1, 2010: PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of way" all non - profit organizations proposing to display a special event banner over a City street must submit a Banner request application; and WHEREAS, the applicant, TeamFootWorks (Educational) a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote a New Year's Day 5K Run/Walk Race to benefit the South Miami's Police Explorers and the United Service Organization which will take place in South Miami on January 1, 2010; and WHEREAS, the submitted application contains the required insurance statement, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the New Year's Day 5K Run/Walk Race to benefit the South Miami's Police Explorers and the United Service Organization. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the banner request submitted by TeamFootWorks (Educational), a non- profit organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5880 Sunset Drive in order promote a New Year's Day 5K Run/Walk Race to benefit. South Miami's Police Explorers and the United Service Organization which will take place in South Miami on January 1, 2010 is hereby approved for hanging during the period December 18, 2009 thru January 2, 2010. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of , 2009 APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachment: Exhibit "A" X: \Comm Items \2009 \12- 15- 09 \Banner5K Race Footworks Resol.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: South Miami `'`City of South Miami 2001 Planning Department 6130 Sunset Drive, South Miami, Fl 33143 305- 663 -6326 Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10 -07 -1911; LDC Section 20- 4.3(N) Attached Name of Not for Profit Organization w INI Address of Organization Contact Person A I Title PL.Z!�-S. Phone '1ILI describe event for which you wish to display a banner in South Miami. Event date(s) Q Dates banner to be displayed to Location(s) 6 �.— ��a�n7E .A fee of $300 per baanfr is required to cover cost incurred by the city to hang and remove the banner. Received by 1'71 � l7 - Check I ATTACHMENTS REQUIRED: Proof of Insurance Recd Banner Design (including wording) Ree'd City Commission Approval Resolution No. Date City Manager (To be signet! by City Ala ager following approval by Cin, CoinlnissioYl,) Page 9 of 16 Roused 24.0 Date ��. Dulcio, Patrick From: John Hans Huseby [hans @footworksmiami.com] Sent: Wednesday, December 02, 2009 9:57 AM To: Dulcio, Patrick Subject: New Years 5k Run/Walk Patrick Please be advised that TeamFootWorks, a 501@3 not for profit corporation, will donate a portion of the proceeds from the New Years,5k Run/Walk to the South Miami Police Explorers and the USO (United Service Organizations). These are wonderful organizations that have received funding from us in the past and we would be pleased to do so again. Sincerely John 'Hans' Huseby 12/2/2009 0 C7 pry O 0 N vi _ E H r A E 0� EXHIBIT "X' , vf .�CAMD- CERTIFICATE OF LIABILITY INSURANCE '� u``' `WT 2/22oi2o 9" PRODUCER (260) 467 -5690 FAX: (260) 467 -5651 THIS CERTIFICATE IS ISSUED AS A MATTER OF - INFORMATION STAR Insurance - Fort Wayne Office ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2130 East DuPont Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne IN 46825 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: NATIONAL CASUALTY COMPANY ROAD RUNNERS CLUB OF AMERICA INSURER B: NATIONWIDE LIFE AND ITS MEMBER CLUBS INSURER C: 6434 POUND APPLE COURT INSURER D: COLUMBIA MD 21045 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING At REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAI THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIE AGGRFGATF I InAITC cunun,i nenV Ue„c on,-. AUTOMOBILE LIABILITY ANY AUTO A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE COMBINED SINGLE LIMIT (Ea acddent) KROOOOO000172601 12/31/2008 12/31/2009 BODILY INJURY 12:01 A.M. 12:01 A.M. (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OTHER THAN AUTO ONLY: $ 1,000,00 $ $ 8 WORKERS COMPENSATION AND WC STATU• OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMI EXCLUDED? II yes, describe under E.L. DISEASE - EA EMPLOYE $ SPE A V O be ow E.L. DISEASE - POLICY LIMIT $ g DTHER EXCESS ACCIDENT & SPX0000003566300 12/31/2008 12/31/2009 EXCESS MEDICAL $10,000 MEDICAL 12:01 A.M. 12:01 A.M. $250 DEDUCTIBLE PER CIA AD 6 SPECIFIC L068 $2 , 500 DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE & EVENT: 06/07/09 TWILIGHT 5K INSURED CLUB: TEAMFOOTWORKS, ATTN: JOHN HAMS HUSEBY; 5724 SUNSET DRIVE; SOUTH MIAMI, FL 33143 06/07/09 CITY OF SOUTH MIAMI ATTN: MARIA STOUT -TATE 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 ACORD 25 (2001108) IN en,) r. ,n, nn, nn.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE John Lefever /JR © ACORD CORPORATION 1988 Pvnp 1 of 7 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMIDD LIMITS 7GENERALLJABILITY MMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR GAL LIAR. TO PART. 000,000 GREGATE LIMIT APPLIES PER: ' I-1 PGh_ (-I KRO0000000172601 - 12/31/2008 12:01 A.M. 12/31/2009 12:01 A.M. EACHO CURRENCE $ 1,000,000 DAMAGETO a ENccTa rents $ 300, 000 MED EXP An one erson $ 5, 000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ NONE PRODUCTS - COMP /OP Arr, $ 1 , 000 , 000 AUTOMOBILE LIABILITY ANY AUTO A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE COMBINED SINGLE LIMIT (Ea acddent) KROOOOO000172601 12/31/2008 12/31/2009 BODILY INJURY 12:01 A.M. 12:01 A.M. (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OTHER THAN AUTO ONLY: $ 1,000,00 $ $ 8 WORKERS COMPENSATION AND WC STATU• OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMI EXCLUDED? II yes, describe under E.L. DISEASE - EA EMPLOYE $ SPE A V O be ow E.L. DISEASE - POLICY LIMIT $ g DTHER EXCESS ACCIDENT & SPX0000003566300 12/31/2008 12/31/2009 EXCESS MEDICAL $10,000 MEDICAL 12:01 A.M. 12:01 A.M. $250 DEDUCTIBLE PER CIA AD 6 SPECIFIC L068 $2 , 500 DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE & EVENT: 06/07/09 TWILIGHT 5K INSURED CLUB: TEAMFOOTWORKS, ATTN: JOHN HAMS HUSEBY; 5724 SUNSET DRIVE; SOUTH MIAMI, FL 33143 06/07/09 CITY OF SOUTH MIAMI ATTN: MARIA STOUT -TATE 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 ACORD 25 (2001108) IN en,) r. ,n, nn, nn.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE John Lefever /JR © ACORD CORPORATION 1988 Pvnp 1 of 7 OrPHER REGULATIONS 20 -4.3 (N) Banners over Rights*-of Way- (1) Organizations wishing to display a banner over rights -of -way in the'City of South IvEami mist submit to the Planning Department a "Banner Request '. application at. least thirty (30) days in advance. (2) The city commission will review all requests and will determine whether the request conforms'to the following guidelines: (a) Only not for profit organizations may .display banners,. (b) Banners for no more than three (3) special events shall'be displayed at any given time; .(c) Banners may be displayed ten (10) to fourteen (14), days before the, advertised event takes place; banners must be removed within. five (5) days after the end of the special event. (d) Banner design, color, size,.proposed location and wording must be approved by the city commission, and must be submitted along with request. (3) The organization displaying a banner must provide proof of public liability insurance naming the City of South Miami as additionally insured for the period of time banner is displayed. "(4) . The organization must pay a two hundred and.Efty- dollar ($250.00) fee in advance or ..pity. to ...han ,.._aud. _move the banner. The city commission may adjust this fee from time to time in order to, reflect the current costs of installation. The city or one (1) of the firms approved by.the city to hang and remove the banners will be the only entities performing this task'. 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